The AI workspace for legal professionals
- Legal research with access to more than 1 million sources
- Document automation
- Matter management
- Hosted in the EU and Switzerland
Try it free for 14 days (10 questions/day during trial)
The AI workspace for legal professionals
Try it free for 14 days (10 questions/day during trial)
rs-title-46•Title 46 — Public Welfare and Assistance
As used in this Title, the following definitions shall apply:
(1) "Assistance" means money payments under this Title.
NOTE: Paragraph (2) eff. until Oct. 1, 2027. See Acts 2025, No. 478.
(2) "Department" means the Department of Children and Family Services or the Louisiana Department of Health.
NOTE: Paragraph (2) as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
(2) "Department" means the Department of Children and Family Services, Louisiana Works, or Louisiana Department of Health.
(3) "Parish director" means the director of the parish or district office.
NOTE: Paragraph (4) eff. until Oct. 1, 2027. See Acts 2025, No. 478.
(4) "Parish or district office" means parish or district office of the Department of Children and Family Services or the Louisiana Department of Health.
NOTE: Paragraph (4) as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
(4) "Parish or district office" means parish or district office of the Department of Children and Family Services, Louisiana Works, or Louisiana Department of Health.
(5) "Recipient" means the person who has received assistance under this Title.
NOTE: Paragraph (6) eff. until Oct. 1, 2027. See Acts 2025, No. 478.
(6) "Secretary" means the secretary of the Department of Children and Family Services or the Louisiana Department of Health.
NOTE: Paragraph (6) as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
(6) "Secretary" means the secretary of the Department of Children and Family Services, Louisiana Works, or Louisiana Department of Health.
Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; H.C.R. No. 59, 1999 R.S; Acts 2025, No. 478, §13, eff. Oct. 1, 2027.
A. Employees of the office of children and family services of the Department of Children and Family Services and employees of the parish or district offices of the department, including the New Orleans Department of Health, may administer oaths and pass authentic acts in connection with any documents relative to relief or assistance now or to be furnished by the state or any political subdivision under the provisions of this Title or the provisions of the Social Security Act, as either may be amended.
B. Employees of the office of children and family services of the Department of Children and Family Services and employees of the parish or district offices of the department may administer oaths and pass authentic acts, except acts of voluntary surrender under R.S. 9:402, in connection with any documents relative to services now or to be furnished by the state or any political subdivision, either directly or through contractual agreement, under the provisions of this Title or the provisions of the Social Security Act.
C. No charge shall be made for any oath taken or act passed by authority of this Section.
Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1980, No. 256, §1; Acts 2013, No. 220, §20, eff. June 11, 2013; Acts 2014, No. 791, §17.
A. No member of the board of trustees, nor any administrator of any charitable institution of the state, shall receive any appointment in the institution, nor shall any member of the boards of trustees, or administrators, nor any officer appointed by either of them, be concerned directly or indirectly in any contract, in the furnishing of supplies, or in the purchase or sale of any article of property or value for or on account of these institutions.
B. Whoever violates the provisions of this Section shall be fined or imprisoned, or both, at the discretion of the court.
Acts 2018, No. 206, §5.
Police juries may, under such regulations as they may prescribe, appropriate annually and use from parish funds, sums of money not to exceed one thousand dollars in aid of charity hospitals or other similar institutions, when the charity hospitals or other institutions are freely used without cost by the indigent sick or wounded citizens of the parishes.
The police juries may, under such regulations as they may prescribe, appropriate annually and use from parish funds, sums of money not to exceed three hundred dollars in aid of charity hospitals or other similar institutions of adjoining states, when the charity hospitals or other institutions are freely used, without cost, by the indigent sick or wounded citizens of the parishes.
Any bona fide resident of the state of Louisiana who is in need of medical services, including but not limited to the uninsured, shall be eligible for treatment by any general hospital owned or operated by the board in accordance with policy adopted by the LSU Board of Supervisors. However, any person with an income greater than two hundred percent of the applicable federal poverty guideline as published in the Federal Register by the United States Department of Health and Human Services and who is otherwise eligible for treatment may be denied access to non-emergency medical care if such person refuses to pay any appropriately adopted reasonable charges for treatment or service received, unless the patient's clinical condition requires immediate treatment as determined by the patient's treating physician, or if the person has been treated in the past, billed based upon his or her ability to pay, and has refused to pay for previous medical services without justifiable excuse or to make arrangements for periodic partial payments, unless the patient's clinical condition requires immediate treatment as determined by the patient's treating physician or medical director. In no event shall emergency treatment be denied to anyone; and in no event shall any person housed in any parish jail facility or state prison in the state of Louisiana, irrespective of his state of residency, be denied medically necessary medical treatment in the nearest general hospital owned or operated by the board. Further, any prisoner treated at a general hospital owned or operated by the board shall have those services paid through the facility receiving state funding for the incarceration of that prisoner.
Amended by Acts 1975, No. 534, §1; Acts 1977, No. 669, §1; Acts 1983, No. 671, §1; Acts 1991, No. 893, §1; Acts 2003, No. 906, §§2, 3, eff. July 1, 2003; Acts 2018, No. 206, §5.
A. Before any person is admitted to any hospital, except in cases of emergency, the superintendent or director of the hospital shall provide a questionnaire to be answered by all applicants for admission.
B. If any person is admitted through fraud or misrepresentation on the part of the applicant for admission, or anyone acting for him, the superintendent or director of the hospital may make appropriate charges for services rendered to the patient, in accordance with charges in other first class hospitals, including physicians' and surgeons' fees. The department may bring suit against the patient for recovery thereof.
C. Any person who shall obtain, attempt to obtain, or aid or abet anyone to obtain admission to a hospital supported by the state of Louisiana by means of any false statement, misrepresentation or other fraudulent device shall be guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars, or imprisoned for not more than one year, or both.
Amended by Acts 1960, No. 136, §1; Acts 1978, No. 786, §6, eff. July 17, 1978.
Where a patient in any state supported or veterans administration hospital in the state has been injured by the negligence of another person other than his employer, or by an employer in employment falling outside of the provisions of the employer's liability laws, and has a right of action for the recovery of compensatory damages against that person, the department or the United States, in the case of veterans administration hospitals in the state, shall be subrogated to the right of action to the extent of reasonable charges for services rendered to the patient, in accordance with like charges in other first class hospitals, including physicians' and surgeons' fees.
Amended by Acts 1972, No. 20, §1; Acts 1978, No. 786, §6, eff. July 17, 1978.
A. Any person who has received in any of the charity hospitals of the state or in a veterans administration hospital in the state treatment for injuries which might entitle him to damages or compensation, and who files suit for the recovery of the damages or compensation, shall cause a copy of the petition to be served on the hospital from which he received treatment, or on the attorney designated to represent the hospital, at least ten days before the trial of the suit.
B. No court of this state shall proceed with the trial of any suit involving any claim referred to in this Section unless a copy of the petition has been served as required or such service has been waived as provided in Subsection C of this Section.
C. Nothing in this Section shall prevent the plaintiff or his attorney and the attorney representing the charity hospital or veterans administration hospital from entering into a written agreement stipulating that in the event of a favorable judgment for the plaintiff, the bills for services due the hospital shall be paid before all other disbursements of the award. Such an agreement may be accompanied by a waiver of the service of the petition upon the hospital otherwise required in Subsection A of this Section.
Amended by Acts 1972, No. 20, §1; Acts 1976, No. 675, §1; Acts 2018, No. 206, §5.
No compromise of any claim referred to in R.S. 46:9, whether made before or after the filing of suit, shall affect the right of any of the charity hospitals of this state or of any veterans administration hospital in the state to recover the fees and charges, if any, that may be due the hospital for treatment, from any party or parties who may be liable for them under any law of this state.
Amended by Acts 1972, No. 20, §1.
All proceedings for the recovery of any charges or fees due any charity hospital of this state or any veterans administration hospital in the state may be presented in any court of this state, in term time or in vacation, by rule, in a direct action or by intervention, or by third opposition, and all the proceedings shall be tried or heard summarily and by preference in all courts, after notice of not less than two days to adverse parties.
Amended by Acts 1972, No. 20, §1.
A. The Louisiana Department of Health, on behalf of any of the general charity hospitals under the administration of said department, or the United States, on behalf of any veterans administration hospital in the state, or any military treatment facility, may intervene at any time prior to judgment in any personal injury suit or in any suit involving worker's compensation claims in which any of these hospitals has an interest, for the purpose of recovering the cost of drugs, X-rays, laboratory fees, surgical, medical, and other expenses of hospitalization and services rendered.
B. It is the intention of this Section that prescription shall not run against the intervention by the department or a veterans administration hospital, or any military treatment facility, in the state in any such suit in which any of them may have an interest until judgment has been rendered in the cause in the court of original jurisdiction or the prescriptive period provided by law for the cause of action has run, whichever is the later.
Acts 1958, No. 465, §§1, 2; Amended by Acts 1972, No. 20, §1; Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1983, 1st Ex.Sess., No. 1, §6; Acts 1991, No. 381, §1.
Whenever the pleadings filed on behalf of any charity hospital of this state or any veterans administration hospital in the state are accompanied by an affidavit of the director or any officer of the hospital or of the attorney designated to represent the hospital, that the facts as alleged are true to the best of the affiant's knowledge or belief, all of the facts alleged in the pleadings shall be accepted as prima facie true and as constituting a prima facie case, and the burden of proof to establish anything to the contrary shall rest wholly on the opposing party.
Amended by Acts 1972, No. 20, §1.
Where a patient in any of the state charity hospitals or in any veterans administration hospital in the state comes within the provisions of the employer's liability laws, the superintendent or the director may make appropriate charges for services rendered to the patient, in accordance with charges of other first class hospitals, including physicians' and surgeons' fees; and the patient, the employer of the patient, and the compensation insurer of the employer shall be liable therefor in solido. The superintendent or the director of the hospital shall give notice to the employer or the insurance company that the patient is being treated and that charges will be made therefor; provided that failure to give this notice shall not relieve the employer or the insurance company from liability when notice has been otherwise received.
Amended by Acts 1972, No. 20, §1; Acts 1978, No. 786, §6, eff. July 17, 1978.
The department may study abuse of state charity hospital aid, and may take necessary measures to discourage the abuse.
Amended by Acts 1978, No. 786, §6, eff. July 17, 1978.
The attorney general shall designate counsel to represent state hospitals in all claims and cases arising under this Chapter, and whenever so designated and a claim is placed in his hands the counsel shall be paid by the hospital a fee of twenty-five percent of the first five hundred dollars collected, twenty percent of the next five hundred dollars collected and fifteen percent of the excess of one thousand dollars collected, said fee to be paid out of any funds accruing to the hospital by reason of the claim or case.
Amended by Acts 1954, No. 720, §1; Acts 1962, No. 149, §1; Acts 1972, No. 20, §1; Acts 1976, No. 675, §1.
In the event that any state facility owned or operated by the Department of Children and Family Services, the Louisiana Department of Health, or the Department of Public Safety and Corrections should permanently cease operations or should permanently vacate the premises of one facility and move to the premises of another facility, the secretary of the appropriate department is hereby authorized to sell or lease to the highest bidder the property, buildings, and all other appurtenances of the state-owned facility which has been permanently closed or vacated. The respective secretary shall, when such facilities are offered for sale or lease, follow those procedures set forth in R.S. 41:131 et seq., relative to the sale of public land or R.S. 41:1211 et seq., relative to the lease of public land; provided however, the Joint Natural Resources Oversight Committee approves the proposed sale or lease.
Acts 1986, No. 859, §1; H.C.R. No. 59, 1999 R.S.
A. As used in this Title, the following definition shall apply.
"Indigent" means any person who meets the state definition of indigent who would have qualified for indigent care in any general hospital owned and operated by the state of Louisiana prior to arrest and who is housed in any parish or municipal jail or detention facility or state prison, shall be treated in the nearest general hospital owned and operated by the state of Louisiana.
B. Notwithstanding any provision of law to the contrary, neither the parish nor municipality shall be responsible for the cost of such services rendered in the state hospital. However, nothing contained herein shall preclude any such hospital from collecting or attempting to collect reasonable charges for treatment or services from those persons housed in any parish or municipal jail or detention facility or state prison considered to have the ability or resources to pay such costs.
C. No state agency or official, or other person acting on behalf of such agency or official, shall attempt to collect charges for treatment rendered in a state hospital to any parish or municipal jail inmate, from the parish or municipal governing authority for charges which accrue after July 17, 1991, when there are no third-party payors responsible for the charges. However, the provisions of this Subsection shall not be construed so as to create or sustain a cause of action on behalf of any person or governmental subdivision to recover monies already paid for the treatment of such inmates.
Acts 1990, No. 315, §1, eff. July 9, 1990; Acts 1991, No. 618, §1, eff. July 17, 1991.
A. The provider of health care shall furnish to the claimant, the person appointed to represent the claimant in his dealings with the Social Security Administration, or an agent with written authorization made pursuant to 45 CFR 164.508, upon request, a copy of any records that are necessary to support his filing for social security disability benefits or supplemental security income benefits under any provision of the Social Security Act. Cost of each photocopy shall not exceed fifty cents per page for the first five pages and twenty-five cents for each additional page except that the amount due shall not be less than the amount paid by the Louisiana Department of Health for such copies. Payment for any copies made in connection with disability determinations shall be made to the health care provider's agent instead of the health care provider when the agent makes the copies.
B. If a copy of the record is not provided within a reasonable period of time, not to exceed fifteen days following the receipt of the request and written authorization, and production of the record is obtained through a court order or subpoena duces tecum, the health care provider shall be liable for reasonable attorney fees and expenses incurred in obtaining the court order or subpoena duces tecum. Such sanctions shall not be imposed unless the person requesting the copy of the record has by certified mail notified the health care provider of his failure to comply with the original request, by referring to the sanctions available, and the health care provider fails to furnish the requested copies within five days from receipt of such notice. Except for their own gross negligence, such health care providers shall not otherwise be held liable in damages by reason of their compliance with such request or their inability to fulfill the request.
Acts 2003, No. 1241, §1; Acts 2007, No. 476, §1; Acts 2025, No. 478, §12, eff. Oct. 1, 2025.
NOTE: §51(intro. para.) eff. until Oct. 1, 2027. See Acts 2025, No. 477.
The Department of Children and Family Services, through its secretary, shall administer the public assistance and welfare laws of the state as follows:
NOTE: §51(intro. para.) as amended by Acts 2025, No. 477, eff. Oct. 1, 2027.
The Department of Children and Family Services, through its secretary, shall administer welfare laws of the state as follows:
(1) Make and promulgate such rules and regulations as are necessary or desirable for carrying out the provisions of this Chapter, which rules and regulations are binding upon the parishes or other local units and their agents and upon such private agencies and their agents as are subject to the supervision of the department.
NOTE: Paragraph (2) eff. until Oct. 1, 2027. See Acts 2025, No. 477.
(2) Administer and supervise all forms of public assistance including general home relief, outdoor and indoor care of persons in need, old age assistance, financial assistance to needy individuals, aid to dependent children, except medical and health services the responsibility for which is or may be vested by state law in other departments of the state government, and such other welfare activities or services as may be vested in it.
NOTE: Paragraph (2) as repealed by Acts 2025, No. 477, eff. Oct. 1, 2027.
(2) Repealed by Acts 2025, No. 477, §18, eff. Oct. 1, 2027.
(3) Provide services to parish governments including the organization and supervision of parish offices for the effective administration of welfare functions, and carry on such research and compile such information as it shall consider necessary, having in mind the purposes of this Chapter and its administration throughout the state.
(4) Establish adequate standards for personnel employed in the state, regional, or parish offices and make necessary rules and regulations to maintain such standards as follows:
(a) Fix minimum standards of service and personnel based upon education, training, previous experience, and general efficiency which must be attained by persons appointed to the position to be filled in the state, regional, and parish offices.
(b) Establish a merit system covering all state and parish personnel engaged in the administration of this Chapter; provided that: (i) the provisions of this Subsection shall have no force and effect so long as any general merit system of personnel administration in the civil service of this state continues in effective operation by law and so long as standards promulgated by federal agencies under the Social Security Act, as amended, are met; and (ii) any merit system status acquired by employees under a merit system established under the provisions of this Section and appointments made and registers established under such systems are recognized by the state agency administering the general merit system of personnel administration in the civil service of the state.
(5) Assist other departments, agencies, and institutions of the state and federal governments, when so requested, by performing services in conformity with the purposes of this Chapter.
(6) Act as the agent of the state to cooperate with the federal government in welfare matters of mutual concern and in the administration of any federal funds granted in the state to aid in the furtherance of any functions of the department, and be empowered to meet such federal standards as may be established for the administration of such federal funds.
(7) Designate parish offices under rules and regulations prescribed by the department to serve as its agent in performance of all welfare activities in the parish.
(8) Administer and supervise all public child welfare activities relating to children who are dependent, neglected, delinquent, or have physical, intellectual, or mental disabilities; establish, extend, and strengthen services for such children in parish or regional offices; license and supervise all parish, municipal, and private agencies, institutions, and individuals, caring for children, including visitorial powers, under the rules and regulations of the department; contract with private individuals to hold their homes open for and to care for children in need of temporary or long time foster care and provide such other services for children as may be authorized by law.
(9) Administer such federal, state, parish, municipal, or private funds as may be made available for welfare purposes.
(10) Administer all public assistance funds and child welfare funds, and estimate the moneys to be credited to the assistance fund from state and federal sources for the ensuing fiscal year and allocate the total amount estimated to be available.
(11) Whenever and wherever practicable to enter into reciprocal agreements with welfare agencies from other states relative to the provisions of public assistance to residents and nonresidents and cooperate with such states and with any authorized agencies of the federal government in providing such aid provided such agreements are approved by the attorney general.
(12) Administer such additional welfare functions as are hereby or may hereafter be vested in it by laws.
(13) Administer or supervise all state institutions and agencies providing services or care for persons who are dependent, delinquent, or have physical, intellectual, or mental disabilities, where the administrative or supervisory authority is specifically transferred to the department in accordance with law.
NOTE: Paragraph (14) eff. until Oct. 1, 2027. See Acts 2025, No. 477.
(14) Construct and operate state supported detention facilities, and reception, diagnostic, and treatment centers for children who are found by the courts to be in need of care or treatment in these types of facilities. Nothing contained in this Section shall be construed as preventing any parish or municipality from continuing to operate its own facilities, or from subsequently constructing and operating its own facilities for the care of children.
NOTE: Paragraph (14) as repealed by Acts 2025, No. 477, eff. Oct. 1, 2027.
(14) Repealed by Acts 2025, No. 477, §18, eff. Oct. 1, 2027.
(15) Establish child protection centers wherever they are practical throughout the state; provide the necessary staff; coordinate the funding of said centers from federal, state, parish, municipal, or private funds as they become available; administer child protection centers for the care, treatment, and protection of abused children, and establish rules and regulations to further the said protection centers. When such centers are established, they shall provide protection and emergency care, investigation, treatment, and rehabilitation of children and parents, education programs, record keeping, research, and consultation and shall develop programs for volunteer participation and seek long-range solutions for child abuse.
(16) Make care coordination and advocacy services available for child victims of child sex trafficking as follows:
(a) Care coordination services may include emergency and ongoing multidisciplinary coordination and service planning with key agencies to address medical, psychological, safety, housing, and other emergency and long-term needs of the child and the investigative needs of law enforcement.
(b) Based on the needs of the child and the child's family, advocacy services may include:
(i) Face-to-face visits to include emotional support.
(ii) Development, implementation, and updates to safety plans.
(iii) Communication and advocacy on the child's behalf with care coordinators.
(iv) Assistance with referrals and implementation of services.
(v) Twenty-four hour on-call crisis assistance to respond to the needs of the child.
(vi) Assistance with transportation and other physical needs.
(vii) Support work with the family to develop safety procedures based on the particular situation and the child's needs.
(viii) Education on how to monitor and address the child's internet access, messaging, and telephone contacts.
Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2010, No. 939, §8, eff. July 1, 2010; Acts 2014, No. 811, §24, eff. June 23, 2014; Acts 2022, No. 662, §2, eff. Jan. 1, 2023; Acts 2025, No. 477, §§15, 18, eff. Oct. 1, 2027.
A. When making a recommendation for parental contribution to the costs of care and treatment in accordance with Children's Code Article 685, the department shall calculate an amount in accordance with the provisions of the Louisiana Administrative Code, Title 67, Part V, Subpart 5, Chapter 35, §3501.
B. Assistance from the natural or adoptive parent or tutor will only be made to aid in defraying the cost of such contracts, plus amounts and benefits available to the foster child or through his natural or adoptive parent or tutor from other sources, including such sources as social security, veterans administration, private insurance, Louisiana Department of Health, Department of Education, including special education and vocational rehabilitation.
Added by Acts 1978, No. 508, §1; Acts 2008, No. 392, §2.
A.(1) If a child is removed from a parent's or another individual's custody or voluntarily placed into foster care by the parent or the individual, the parent or individual shall be deemed to have made an assignment to the department of his entire right, title, and interest to any support obligation the parent or individual may have in his own behalf or on behalf of any family member receiving foster care services which has accrued at the time of the placement of the child in foster care and which accrues during the time the child is in foster care without necessity of signing any documents.
(2) Voluntary child support payments made to the parent or individual at the time of placement of the child in foster care or during the time the child is in foster care shall be deemed to have been assigned to the department, unless the assignment is contrary to a valid court order. The department may thereafter collect the support payments by appropriate process.
B.(1) The parent or individual shall also be deemed to have consented to all of the following:
(a) The designation of the department as payee in an initial or amended order of support.
(b) The appointment of the child support enforcement administrator as the parent's or individual's true and lawful attorney-in-fact to act in the parent's or individual's name, place, and stead to perform the specific act of endorsing any and all drafts, checks, money orders, or other negotiable instruments representing support payments which are received on behalf of the parent or individual.
(2) The department shall be an indispensable party to any proceeding involving a support obligation or arrearage owed pursuant to this Section.
C. No parent or individual who has had a child removed from the parents' custody or voluntarily placed in foster care shall be permitted to enter into a contract for the collection of support pursuant to R.S. 51:1441 et seq. Any such contract shall be considered a violation of public policy and shall be void.
D. Nothing in this Section shall be construed to require the child support enforcement program to violate 45 CFR 302.51 or 45 CFR 302.52.
E. The provisions of this Section shall apply retroactively to all support rights assigned, whether by written assignment or by operation of law, prior and subsequent to June 11, 2019.
Acts 2019, No. 241, §1, eff. June 11, 2019.
A.(1) No person shall be hired by the department whose duties include the investigation of child abuse or neglect, supervisory or disciplinary authority over children, direct care of a child, or performance of licensing surveys, until both the following conditions are met:
(a) The person has submitted his fingerprints to the Louisiana Bureau of Criminal Identification and Information and it has been determined that the person has not been convicted of or pled nolo contendere to a crime listed in R.S. 15:587.1(C).
(b) The department has conducted a search of the state central registry of substantiated abuse or neglect, hereafter referred to as "central registry", reports and has determined that the individual's name is not recorded therein. The search shall be limited to those names recorded on the state central registry subsequent to January 1, 2010. If the individual's name is or was entered on the state central registry that individual may make a formal written request to the division of administrative law for an administrative appeal of the substantiated determination, in accordance with Children's Code Article 616.1.1 and the procedures promulgated by the department.
(2) Any employee of the department whose duties include the investigation of child abuse or neglect, supervisory or disciplinary authority over children, direct care of a child, or performance of licensing surveys and whose name is recorded on the state central registry subsequent to January 1, 2010, shall be terminated by the department. A permanent classified employee shall not be terminated until he has exhausted his administrative appeal rights pursuant to Children's Code Article 616.1.1.
(3) The department shall promulgate rules and regulations, in accordance with the Administrative Procedure Act, necessary to implement the provisions of this Subsection.
(4)-(11) Repealed by Acts 2017, No. 348, §5.
(12) No person shall be hired by any organization listed in Subsection F of this Section until such person has submitted his fingerprints to the Louisiana Bureau of Criminal Identification and Information and it has been determined that such person has not been convicted of or pled nolo contendere to a crime listed in R.S. 15:587.1(C). The provisions of this Section shall also apply to volunteers of such organizations.
(13) Repealed by Acts 2017, No. 348, §5.
B. No operator, staff person, or employee of a juvenile detention, correction, or treatment facility shall be hired by the department until such person has submitted his fingerprints to the Louisiana Bureau of Criminal Identification and Information and it has been determined that such person has not been convicted of or pled nolo contendere to a crime listed in R.S. 15:587.1(C).
C.(1) No prospective foster or adoptive parent or relative guardian shall be finally approved for placement of a child or to receive kinship guardian assistance payments until it is determined that the prospective foster or adoptive parent, or relative guardian and any other adult living in the home of the relative guardian, does not have any of the following:
(a) A felony conviction for child abuse or neglect; for spousal abuse; for a crime against children, including child pornography or child sexual abuse materials; or for a crime involving violence including rape, sexual assault, or homicide, but not including other assault or battery.
(b) A felony conviction for physical assault, battery, or a drug-related offense which occurred within the past five years.
(c) A felony conviction for a crime listed in R.S. 15:587.1(C), other than a crime listed in Subparagraph (a) or (b) of this Paragraph, unless an assessment of the circumstances of the crime and of the current situation of the prospective foster or adoptive parent, or relative guardian and any other adult living in the home of the relative guardian, has been conducted by the department and it has been determined that the child would not be at risk if placed in the home.
(2) Nothing in this Subsection shall be construed to prohibit or prevent the department or its employees from considering any prior convictions of the prospective foster or adoptive parent, relative guardian, or any other adult living in the household in determining whether to place a child in a foster home for temporary care or for adoption. For the purposes of this Paragraph, "any other adult living in the household" does not include a youth participating in the Extended Foster Care Program.
D. The department shall establish by regulation requirements and procedures consistent with the provisions of R.S. 15:587.1 under which such determination shall be made. For those listed in Subsection A, B, or C of this Section, this regulation shall include the requirement and the procedure for the submission of fingerprints in a form acceptable to the Bureau of Criminal Identification and Information.
E.(1) The department shall establish by regulation requirements and procedures consistent with the provision of R.S. 15:587.1 under which the organizations listed in Subsection F of this Section may request information concerning whether or not a person in one of the following categories has been arrested for or convicted of or pled nolo contendere to any criminal offense:
(a) Employees.
(b) Candidates for employment.
(c) Volunteer workers.
(d) Repealed by Acts 2017, No. 348, §5.
(2) This information may be requested only about a person who has, or has applied or volunteered for, a position in the organization which includes supervisory or disciplinary authority over children.
F. Any responsible officer or official, as the department may determine, of the following organizations or the department may request the specified criminal history information:
(1) A child-placing agency, maternity home, or residential home as defined in R.S. 46:1403 or a juvenile detention facility.
(2) Any other organization that the department determines, upon request of the organization, to have supervisory or disciplinary authority over children outside of the home to such extent that the department determines that the well-being and safety of children justifies giving the organization access to the specified criminal history information of those who work or have volunteered to work with the organization.
(3)(a) Any other child care provider organization with the prior written consent of the person whose criminal history information is being requested. As used in this Paragraph, the term "child care" means the provision of care, treatment, education, training, instruction, supervision, or recreation to children by persons having unsupervised access to a child. The check shall be conducted by the Department of Public Safety and Corrections, division of state police, for a reasonable fee established by the department. As used in this Paragraph, the term "provider" shall include a person who is employed by or volunteers with a child care provider organization. As used in this Paragraph, the term "child care provider organization" shall include but not be limited to "Big Brother/Sister" programs and scouting programs.
(b) The Department of Public Safety and Corrections, division of state police, shall not be liable in civil damages for failure to provide the criminal history checks requested nor shall the child care provider be liable in civil damages for failure to make such a request.
G. Notwithstanding any other provision of law, the department is prohibited from receiving or releasing the results of a national criminal history check unless the receipt or release is permitted by federal law or regulation.
H.(1) The department shall execute a survey to assess the impact and cost of conducting national criminal history records checks and all arrest records checks on potential owners, operators, employees, and volunteers of a child-placing agency, maternity home, residential home, or juvenile detention facility licensed by the department and develop a statewide implementation plan prior to requesting that funds be appropriated for conducting the searches. The department shall submit a report of the survey results, anticipated costs, and implementation plan to the legislature for their consideration in appropriation decisions. The department shall implement the plan to conduct national criminal history records checks on potential owners, operators, employees, or volunteers of a child-placing agency, maternity home, residential home, or juvenile detention facility licensed by the department only upon the appropriation of funds by the legislature for such purpose.
(2) Upon appropriation of funds by the legislature and implementation of the plan in accordance with Paragraph (1) of this Subsection, the Bureau of Criminal Identification and Information shall make available to the department, all criminal history record information as defined in R.S. 15:576 related to potential owners, operators, employees, or volunteers of a child-placing agency, maternity home, residential home, or juvenile detention facility licensed by the department.
(3) Upon appropriation of funds by the legislature and implementation of the plan in accordance with Paragraph (1) of this Subsection, the Bureau of Criminal Identification and Information shall facilitate national criminal history record checks of potential owners, operators, or employees, or volunteers of a child-placing agency, maternity home, residential home, or juvenile detention facility licensed by the department by receiving and forwarding fingerprint cards to the Federal Bureau of Investigation. The department is authorized to receive and screen the results of the state and national criminal history record checks in order to assess the criminal history of a potential owner, operator, employee, or volunteer of a child-placing agency, maternity home, residential home, or juvenile detention facility licensed by the department. The department shall maintain the confidentiality of criminal history information received in accordance with applicable federal or state law.
Acts 1986, No. 760, §3, eff. Jan. 1, 1987; Acts 1989, No. 14, §3; Acts 1994, 3rd Ex. Sess., No. 55, §1, eff. July 7, 1994; Acts 1997, No. 1067, §1; Acts 1999, No. 1144, §2, eff. Jan. 1, 2000; Acts 2008, No. 649, §3; Acts 2009, No. 47, §1, eff. June 15, 2009; Acts 2009, No. 221, §2, eff. Jan. 1, 2010; Acts 2014, No. 406, §1; Acts 2017, No. 348, §§3, 5, special eff. date; Acts 2019, No. 33, §1; Acts 2025, No. 261, §4; Acts 2025, No. 409, §6.
*NOTE: See Acts 1985, No. 286.
The Department of Children and Family Services, office of child support enforcement and family support, is authorized to perform criminal history records checks of current and prospective employees, contractors, and subcontractors in accordance with the procedures provided in R.S. 15:587.5. Pursuant to this authorization and to implement the requirements of R.S. 15:587.5, the secretary shall promulgate rules and regulations with regard to this matter.
NOTE: §51.3 as amended by Acts 2025, No. 477, eff. Oct. 1, 2027.
§51.3. Criminal history information; access to federal tax information
The Department of Children and Family Services is authorized to perform criminal history records checks of current and prospective employees, contractors, and subcontractors in accordance with the procedures provided in R.S. 15:587.5. Pursuant to this authorization and to implement the requirements of R.S. 15:587.5, the secretary shall promulgate rules and regulations with regard to this matter.
Acts 2017, No. 147, §5, eff. June 12, 2017; Acts 2025, No. 477, §15, eff. Oct. 1, 2027.
The secretary, as the executive and administrative officer of the department, shall faithfully conduct and discharge all administrative and executive functions in the carrying out of this Chapter.
The secretary shall submit to the legislature an annual financial statement accounting for all funds appropriated for the department, for the purposes of this Chapter and for public welfare purposes, for the specific purposes for which they are appropriated and also a financial statement accounting for all federal funds allotted to the state by the federal government for the purposes of the department. He shall publish annually a full report of the operations and administration of the department under the provisions of this Chapter and for other public welfare purposes together with recommendations and suggestions, and these reports shall be submitted to the governor.
Acts 1978, No. 786, §6, eff. July 17, 1978.
A. The legislature recognizes that the Louisiana Department of Health, Department of Children and Family Services, and Louisiana Works provide services to individuals with multiple needs. However, the conventional service delivery system of requiring individuals to access various offices within the state to address those multiple needs creates barriers to the delivery of those services and entry into the workforce. These needs can be better met, more efficiently and less costly, through integrated case management at a single service location with a single case worker. It is the intent of the legislature to streamline the delivery of services and incorporate integrated case management models for clients and families served by multiple departments and programs.
B. For purposes of this Section:
(1) "Integrated case management" means an accessible, customer-centered approach that coordinates the necessary services that meet the needs of each individual or family which, if applicable, establishes a comprehensive, integrated service plan that addresses all of those needs and outcomes, which is continually monitored and updated as necessary.
(a) A multidisciplinary team, natural supports to the client, and the client or advocate, in order to develop an integrated service plan.
(b) A client-centered integrated service plan, based on the client's strengths, risks, service desires, and service needs.
(c) A lead case manager to coordinate the joint planning and coordinated delivery of services for the client.
(d) Monitoring and evaluation of the service plan, services, and outcomes to allow the team to make model change as appropriate.
(2) "Integrated service plan" means a plan that is based on the client's strengths, risks, service needs, and improvement plan.
(3) "Service integration" means a process by which a range of social, education, and workforce employment and training services are delivered in a coordinated and seamless manner to provide client-oriented services, increase early intervention and prevention opportunities, improve outcomes, and establish provider accountability through performance measures. Service integration includes:
(a) A "One Door" business model which makes it easier for the client to obtain services and allows various programs to work seamlessly together.
(b) Cross-training among the various program staff to ensure a general understanding of all programs that a client may require.
(c) Flexible use of funding among the departments to ensure that the client receives services for which he is eligible.
NOTE: Subsections (C)-(F) eff. until Oct. 1, 2027. See Acts 2025, No. 478.
C.(1) The secretary shall begin the process of developing and implementing an integrated case management model by providing the leadership, planning, data, and ability to deliver social services and, if applicable, other services, to clients by:
(a) Encouraging within the department multidisciplinary team collaboration in the rendering of services and encouraging the participation of other departments and local community organizations.
(b) Co-locating programs from different offices within the department. Co-location of offices shall not be necessary in situations where the offices are located within two miles of each other.
(c) Improving access to services, including minimizing the number of contacts the client is required to make with the department.
(d) Sharing data and information across offices and, if applicable, across departments and with local community organizations.
(e) Identifying opportunities for leveraging and matching funds among offices, departments, and local community organizations.
(2) The secretary shall develop and implement a shared consent form and a common screening tool for multiple-need clients, provide cross-program training, improve communication through information technology, and devise a method for flexible funding across offices. The secretary is urged to include other departments and local community programs in performing the requirements of this Paragraph.
D. The secretary shall provide an implementation and strategy plan for a pilot program to the House Health and Welfare Committee before March 1, 2004.
E. To advance the purposes set forth in this Section and R.S. 46:52.2, the secretaries for the Louisiana Department of Health and the Department of Children and Family Services, the secretary of Louisiana Works, the deputy secretary for youth services of the Department of Public Safety and Corrections, and the state superintendent of education shall guide the implementation of service delivery integration designed to meet the needs of children and their families. All delivery of integrated services shall be in accordance with the statutory authority of each agency or department.
F. This state leadership group shall:
(1) Identify opportunities and implement recommendations regarding human services integration.
(2) Provide plans to execute the collective recommendations of these departments.
(3) Lead execution of service integration plans to include:
(a) Comprehensive screening for needs, coordinated assessment and referrals in multiple areas including, but not limited to the following:
(i) Academic challenges.
(ii) Behavioral problems.
(iii) Family stability.
(iv) Alcohol and drug abuse.
(v) Domestic violence.
(vi) Mental health concerns.
(vii) Employment and training.
(viii) Food and shelter.
(b) Screening, eligibility, and redeterminations for temporary assistance programs, Medicaid, and nutrition assistance benefits.
(c) Data sharing capabilities among participating agencies for the purposes of service delivery and statistical research.
(d) Child abuse intervention and prevention.
(e) Student attendance support.
(f) Other local human services.
(4) Identify targeted outcome results of service integration.
(5) Attain regular measures of performance relative to the targeted outcomes of service integration.
NOTE: Subsections (C)-(F) as repealed by Acts 2025, No. 478, eff. Oct. 1, 2027.
C-F. Repealed by Acts 2025, No. 478, §17, eff. Oct. 1, 2027.
G. The guiding principles shall be to:
(1) Support community human service endeavors that transcend and strengthen any single agency's mission.
(2) Recognize that collaboration occurs among people, not among institutions.
(3) Encourage agencies to fully cooperate through productive dialogue and action that dissolves barriers and advances more effective service delivery.
(4) Promote a commitment to collaboration at every level of participating organizations.
(5) Recognize the diversity of both the community to be served and the providers.
(6) Recognize and address the obstacles local agencies, organizations, or institutions will face in this process.
(7) Instill mutual accountability among all participating organizations measured qualitatively and quantitatively.
(8) Promote maximization of state general fund investments and increase the state's return on investments.
(9) Prevent fraud and abuse to ensure funds are appropriately utilized.
Acts 2003, No. 726, §1; Acts 2005, No. 88, §1, eff. June 21, 2005; Acts 2007, No. 122, §1, eff. June 25, 2007; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2008, No. 775, §1, eff. July 6, 2008; Acts 2018, No. 206, §5; Acts 2025, No. 478, §12, eff. Oct. 1, 2025; Acts 2025, No. 478, §17, eff. Oct. 1, 2027.
Repealed by Acts 2022, No. 252, §4.
A. Any state agency may, with the approval of the Division of Administration, transfer to the department any portion of its appropriation that may be available for federal matching funds in accordance with any program established by the department for public welfare purposes.
B.(1) The funds collected or collectible during each fiscal year by the department under the authority of this Section from a state agency and the United States of America shall be deposited in a special account in the state treasury to the credit of the state agency that transferred a portion of its appropriation to the department for the purpose of seeking matching funds from the United States of America. The funds thus credited shall be available for use by the state agency for the purposes of:
(a) Employing necessary personnel and for other expenses incurred in connection with the proper administration of the collection or acquisition of such funds by the state agency from the federal government or any agency thereof.
(b) Purchasing new equipment for use by the state agency.
(c) Making major repairs at any facility owned by the state agency.
(d) Operating expenses and maintenance of any facility owned by the state agency.
(e) Providing day care services for persons with intellectual disabilities.
(f) Any purpose authorized by law.
(2) Any funds remaining unexpended and unencumbered in any such special account at the end of each fiscal year shall be retained in such special account.
C. Expenditures to be made under the authority of this Section shall be made only upon approval of the secretary of the other state department, the secretary of the department, and the Division of Administration, and otherwise shall be subject to the laws and regulations relating to budgeting by state agencies and the budgetary controls provided for by Title 39 of the Louisiana Revised Statutes of 1950, as amended, insofar as said laws and regulations are not inconsistent with the purposes of this Section.
D-F. Repealed by Acts 2001, No. 491, §2, eff. June 21, 2001.
Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1991, No. 617, §1; Acts 1992, No. 793, §1; Acts 2001, No. 491, §2, eff. June 21, 2001; Acts 2014, No. 811, §24, eff. June 23, 2014.
There shall be in each parish of the state a parish office of the department; provided that the department may unite two or more parishes and form a district office. All duties and responsibilities set forth in this Chapter for parish offices shall also apply to the district offices.
NOTE: §54 as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
§54. Parish offices
A. There shall be in each parish of the state a parish office of the department; provided that the department may unite two or more parishes and form a district office. All duties and responsibilities set forth in this Chapter for parish offices shall also apply to the district offices.
B. Under rules and regulations of the department, the field and district offices shall administer all forms of public assistance within the department's purview in respective parishes.
Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 2018, No. 206, §5; Acts 2025, No. 478, §13, eff. Oct. 1, 2027.
Under rules and regulations of the department, the parish offices shall administer all forms of public assistance in the parish and such other welfare activities as are required by R.S. 36:258(C) and as may be delegated to it by the department.
NOTE: §55 as repealed by Acts 2025, No. 478, eff. Oct. 1, 2027.
§55. Repealed by Acts 2025, No. 478, §17, eff. Oct. 1, 2027.
Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 2025, No. 478, §17, eff. Oct. 1, 2027.
NOTE: Subsection A and Paragraph (B)(1) eff. until Oct. 1, 2027. See Acts 2025, No. 478.
A. Applications for assistance and information contained in case records of clients of the Louisiana Department of Health, the Department of Children and Family Services, or the office of elderly affairs, for the purpose of adult protective services, shall be confidential and, except as otherwise provided, it shall be unlawful for any person to solicit, disclose, receive, make use of, or to authorize, knowingly permit, participate in, or acquiesce in the use of applications or client case records or the information contained therein for any purpose not directly connected with the administration of the programs of the department.
B.(1) For the purposes of this Section, "department" means the Louisiana Department of Health, the Department of Children and Family Services, and the adult protection agency as provided in R.S. 15:1503. It is the express intent of this Section that the Louisiana Department of Health, the Department of Children and Family Services, and, for the purpose of adult protective services, the office of elderly affairs share access to each other's case records to the extent that such access is not prohibited by any contrary provision of federal law or regulation.
NOTE: Subsection A and Paragraph (B)(1) as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
A. Applications for assistance and information contained in case records of clients of the Louisiana Department of Health, the Department of Children and Family Services, Louisiana Works, or the office of elderly affairs, for the purpose of adult protective services, shall be confidential and, except as otherwise provided, it shall be unlawful for any person to solicit, disclose, receive, make use of, or to authorize, knowingly permit, participate in, or acquiesce in the use of applications or client case records or the information contained therein for any purpose not directly connected with the administration of the programs of the department.
B.(1) For the purposes of this Section, "department" means the Louisiana Department of Health, the Department of Children and Family Services, Louisiana Works, and the adult protection agency as provided in R.S. 15:1503. It is the express intent of this Section that the Louisiana Department of Health, the Department of Children and Family Services, Louisiana Works, and, for the purpose of adult protective services, the office of elderly affairs share access to each other's case records to the extent that such access is not prohibited by any contrary provision of federal law or regulation.
(2) For the purposes of this Section, "case records" are assistance records, social service records, records of the Supplemental Nutrition Assistance Program or any predecessor, medical services records, probation and parole records, records pertaining to the adoption of children, records of foster care services, records and investigative reports on abuse or neglect of children or adults, and records of other child welfare services administered by the department, including services for children with disabilities, nutrition, immunization, and other medical and public health services records pertaining to children or adults and where such records are in the custody of parish health units, and regional and central offices of the office of public health of the Louisiana Department of Health.
(3) Notwithstanding any provision of law to the contrary, including but not limited to the provisions of this Section, all offices, bureaus, and agencies within the Department of Children and Family Services are hereby expressly authorized to share access to each other's case records as necessary for the administration of their respective programs, except as prohibited by federal law or regulation.
C. Publication of lists or names of clients or applicants is prohibited, except as provided in this Section.
D. Subject to the exceptions enumerated in R.S. 44:17 and Subsections E, F, and M of this Section, confidential information may be released to an outside source not directly connected with the administration of the programs of the department only upon written request of the outside source and only after written waiver by the applicant, client, or his legal representative. Governmental authorities, the courts, and law enforcement agencies shall be considered the same as any other outside source, except as provided in R.S. 44:17 and Subsections E and F.
E.(1) Upon request of any authorized person, the most recent address and place of employment of any absent parent shall be provided if such information is available, notwithstanding any other provisions of this Section. For the purposes of this Subsection, the term "authorized person" shall mean:
(a) Any agent or attorney of any state agency which has the duty or authority to seek to recover any amounts owed as child support;
(b) Any court of competent jurisdiction which has authority to issue an order against an absent parent for the support and maintenance of a child, or any agency of such court; and
(c) Any resident parent, legal guardian, attorney, or agent of any child, except a child currently receiving aid to dependent children, without regard to the existence of any court order against an absent parent who has a duty to support and maintain any such child.
(2) Information of the department pertaining to financial assistance programs may be released in accordance with the federal laws and regulations governing the release of information of the financial assistance programs.
F. The following information shall not be subject to waiver and shall not be released to applicants, recipients, or outside sources, except those outside sources engaged in the administration of the programs of the department or when specifically authorized by law:
(1) Records pertaining to foster care of children, investigations of abuse and neglect of children, and other child welfare services. For the purposes of this Paragraph, case records of children in abuse and neglect and foster care cases may be reviewed by attorneys who are appointed by a court of juvenile jurisdiction to represent the sole interest of the children, and pursuant to court order, such case records may be reviewed by court-appointed special advocates appointed pursuant to Children's Code Article 424.1. Prior to a court hearing, the department may provide to such attorneys and court-appointed special advocates copies of the most recent case plan for the child and his family, the most recent court order and court report, and the child's most recent medical report. Additionally, pursuant to Children's Code Article 616, a judge of a court exercising juvenile jurisdiction may request, in writing to the department, central registry record checks. However, in no instance shall the name or identifying information regarding a complainant in neglect and abuse cases or the case records of the foster parents be subject to such review. The department may, however, provide foster parents all information from the department's records and from other records to which the department has access concerning a child in the foster home, and concerning the child's family, where such information is necessary for the foster parents to properly care for the child. The department may also provide surrogate parents representing the special education interests of children in the department's custody with all information from the department's records and from other records to which the department has access where such information is necessary for the surrogate parents to properly advocate for the children. In any child custody proceeding, after the issue has been raised of the potential existence of a relevant departmental record concerning the abuse or neglect of a child who is the subject of that proceeding, the judge may contact the local child protection unit to determine if such a record exists. If the department has a substantiated report pursuant to Children's Code Article 615(B)(1) through (3), the local child protection unit shall verbally advise the judge that such report is in the possession of the unit. If the court finds that information which may be contained in the report is necessary for an issue before the court, the court may order the release of such information. If the report was unsubstantiated, such records shall be sealed and accessible only pursuant to Children's Code Article 615.
(2) Information furnished to the department by persons, governmental agencies, or other legal entities when such furnisher of information is subject to a confidentiality statute or regulation which prohibits release of such information to an outside source, and
(3) Information contained in applications for assistance and case records that is furnished to law enforcement agencies or courts to aid in the prosecution of criminal offenses related to any program.
(4)(a) For the purpose of this Subsection, those outside sources engaged in the administration of the programs of the department pertaining to child welfare services shall be local child service agencies, including but not limited to hospitals, clinics, schools, and counterpart agencies in other states engaged in delivering family and children's services; local, state, and federal law enforcement agencies, including but not limited to military authorities, probation officers, district attorneys, and coroners; the Louisiana State Board of Dentistry; and the Louisiana State Board of Medical Examiners. The department may release information to a child abuse citizens' review panel or a state child fatality review panel only to the extent that the requested information is consistent with the purpose of the requesting panel as provided by state law or regulation. Information may be released by the department only to an agency engaged in rendering services or treatment to a recipient or former recipient of the department's services and only for the purpose of furthering the services or treatment; or to an agency engaged in enforcing or prosecuting violators of the child abuse and neglect law or perpetrators of acts against children in violation of the criminal statutes of this state or of another state or of federal criminal statutes. The requesting agency shall request the information in writing and state the purpose for which the information is being requested.
(b) In addition, the department may release information to other agencies of state government that are engaged in rendering services or treatment to a department recipient or former recipient. The agency receiving the information from the department under this Paragraph shall be bound by the same confidentiality standard as prescribed in this Section with regard to release of this information to the recipient, the client's legal representative, or an outside source. The Louisiana Department of Health, the Department of Children and Family Services, and, for the purpose of adult protective services, the office of elderly affairs may release information to each other for the purpose of furthering services or treatment to clients or recipients of services of either department. Information subject to release under this Section that is covered by federal statutes or regulations restricting release of the information shall be released only in accordance with the federal statutes or regulations.
(c) Following any investigation by the department of a public or private day care center, registered family child day care home, or residential provider, the department may inform the parent or guardian of any child being cared for at the center, home, or residence or the parent or guardian of any child who has applied for placement in the center, home, or residence of a substantiated finding of child abuse, neglect, or exploitation occurring at the center, home, or residence upon the request of the parent or legal guardian. The department may also advise such parent or legal guardian of a substantiated finding when it becomes necessary for the department to take adverse action against a center, home, or facility in the interest of the safety and welfare of the children. The department may release to the Department of Education limited information concerning a substantiated finding of child abuse, neglect, or exploitation occurring at a family child day care home that is registered by that department. These circumstances shall constitute authorized disclosures under the provisions of R.S. 14:403(A)(2).
(5)(a) The department may release the information described in Paragraph (1) of this Subsection, except names and any other identifying information, to a professional person or professor or graduate student of a college or university who is engaged in bona fide professional, academic, or scholarly research in the field of child welfare services or to a duly authorized person conducting an audit of the department.
(b) Upon written approval of the department and of the child through his representative, when required by federal law, the information described in Paragraph (1) of this Subsection may be released, including names and other identifying information, except identifying information regarding complainants in neglect and abuse cases, to researchers whose proposed research in the field of child welfare services has been reviewed and approved by an institutional review board confected in accordance with and operating under the standards provided for in the United States Department of Health and Human Services' Policy for the Protection of Human Subjects, provided that access to that information is essential to the research. The researcher shall furnish to the department a written certification from the institutional review board confirming the board's compliance with the applicable standards and its review and approval of the research consistent with those standards. The certification shall also describe the board's future oversight responsibilities and specific procedures for assuring that the confidentiality of identifying information is strictly preserved. The department is authorized to develop a standardized certification form and other procedures as needed to facilitate its review and authorization of research requests consistent with its child welfare administrative responsibilities under state and federal law.
(c) The person receiving the information from the department under this Paragraph shall be bound by the same confidentiality standard and subject to the same penalties for improper disclosure as prescribed in this Section with regard to release of this information to the recipient, the client's legal representative, or an outside source. Any paper, report, thesis, dissertation, or other document resulting in whole or in part from the research or audit shall not contain the name or any identifying information regarding an applicant, recipient, or client, or other person to whom the records pertain.
(6) Research proposals which request access to clients or former clients of the department may be approved, but only after a determination that the following criteria are met:
(a) Contact with the client and the nature of the research will not have a detrimental effect on the client;
(b) The client or his legal guardian has consented in writing to such research; and
(c) The research will be of value to the department.
(7)(a) The department may release, upon written request or consent of a former foster child or his legal tutor, the information described in Paragraph (1) of this Subsection to the former foster child, his legal tutor, or to a designee who is engaged in rendering services, treatment, or an assessment of services previously provided to the child, if in its discretion it believes the release of such information to be in the best interest of the former foster child. Such information shall not include any information regarding the identity of the birth parents or birth siblings of a former foster child who was subsequently adopted or any information regarding the identity of the reporter in a case of abuse or neglect.
(b) The department, upon written request, shall release to a former foster child or his legal tutor, non-identifying medical or genetic information that may be contained in any record maintained by the department without the necessity of filing a petition for disclosure from the department as required by the provisions of Chapter 5 of Title XII of the Children's Code.
(c) The department or a department contractor, with the written consent of the former foster child, may release information described in Paragraph (1) of this Subsection for the purpose of the education and training of foster children and former foster children or to assist the former foster child in providing his perspective or foster care experience, to the extent the department in its discretion believes that the release of such information is in the best interest of the former foster child and is allowed by federal law. The information shall not include the identity of the birth parents or birth siblings of a former foster child or any information regarding the identity of the reporter in the case of abuse or neglect.
(8)(a) Case records involving investigation of reports of child abuse and neglect shall be confidential in order to protect the rights of the child and his parents or guardians. Information contained in such records shall only be made available as provided in this Section or applicable state or federal laws or regulations.
(b) The department shall not disclose identifying information concerning an individual who initiated a report or complaint of alleged child abuse or neglect, except that the department shall disclose such information pursuant to a court order after such court has reviewed, in camera, the department's case record and finds reason to believe that the reporter knowingly made a false report.
(9) Notwithstanding any other provision of this Section, limited public disclosure of summary information contained in the child abuse or neglect records of the Department of Children and Family Services may be made as follows:
(a) When there has been a child fatality or near fatality in which abuse or neglect was medically determined by an examining physician to be a contributing factor in the cause of death or near fatality. For purposes of this Paragraph, "near fatality" means an act as certified by the physician who examined the child which placed the child in serious or critical condition.
(b) To confirm, clarify, or correct information concerning a case of child abuse or neglect not involving a child fatality, or near fatality that has been made public by sources outside the department. Any release of information shall be made in a manner respectful of the parties' right to privacy and be specifically limited to the information already made public.
(c) To the individual who initiated the report if that individual is a mandatory reporter as defined by Children's Code Article 603. The person receiving the information under this Subparagraph shall be bound by the confidentiality standard and subject to the penalties for improper disclosure, as prescribed in this Section.
(d) This Paragraph shall not apply when the local district attorney requests that certain information not be released due to its potential to compromise a pending criminal investigation or prosecution or when, in the judgment of the department, disclosure may compromise the integrity of a child protection investigation. However, all information, including but not limited to the departmental case records, shall be available to the local district attorney for inspection.
(e) The department shall not publicly disclose any information concerning the individual initiating a report or complaint.
(f) Notwithstanding any other provision of this Paragraph, the confidentiality of the department's records shall be maintained by the department as required by federal law as a condition of the allocation of federal monies to the state.
(g) Nothing in this Paragraph shall limit the authority of the department to disclose requested information to the parent or guardian of an abused or neglected child as otherwise provided by law.
(h) Notwithstanding the provisions of Subsection B of this Section, references in this Paragraph to the term "department" shall only mean the Department of Children and Family Services.
(10)(a) Upon written request, the department shall disclose limited information contained in child abuse or neglect records or reports to the following:
(i) An examining physician of a child whom he reasonably believes has been abused or neglected.
(ii) A committee or subcommittee of the legislature which has subject matter jurisdiction over child protection legislation according to the rules of the respective house, provided that such information is reviewed in closed session and kept confidential.
(iii) The executive director of a day care center or residential provider, provided that the use of such information is limited to a confidential employee disciplinary investigation of alleged abuse or neglect of a child within that facility and the employee who is the subject of the disciplinary investigation is the subject of the requested information. However, the department shall have the authority to fine, revoke, or suspend the license of any day care center or residential provider, after due notice and a hearing, if the executive director releases the confidential information to an unauthorized person or persons. The proceedings shall be conducted in accordance with rules and regulations to be promulgated by the department.
(iv) The attorney who represents the child, the day care center, or an employee of the day care center.
(b) The information disclosed pursuant to this Paragraph shall be limited to the following:
(i) Whether or not the department has a substantiated report, pursuant to Children's Code Article 615, in its possession concerning the child or person who is the subject of the information request.
(ii) The status of the investigation, the determination made by the department, and any action taken by the department.
(c) Nothing in this Paragraph shall authorize release of any information concerning an individual initiating a report or complaint of abuse or neglect or authorize access to any information which is prohibited by federal law.
(11) Upon written request of a caregiver, the department shall disclose limited information contained in child abuse or neglect records or reports to an employer or prospective employer of a person who will be exercising supervisory authority over that employer's minor children or other dependent person as part of that person's employment as a caregiver. The information disclosed pursuant to this Paragraph shall be limited to cases in which the department has determined that the allegations from which such information has been developed are substantiated pursuant to Children's Code Article 615. The provisions of this Paragraph shall not be interpreted to authorize the release of or access to any information protected under federal law.
(12)(a) Notwithstanding any other provision of this Section, including without limitation Subsection K or of any other law to the contrary, the department shall disclose case records involving an investigation of a report of child abuse or neglect to an immediate family member who initiated the report or complaint of alleged child abuse or neglect when the child who was the subject of the report or complaint died and abuse or neglect was medically determined by an examining physician or a coroner to be a contributing factor in the cause of death. For the purposes of this Paragraph, "immediate family member" means the child's parent or grandparent; however, if any such person is the accused abuser of the child, such person shall not be considered to be an immediate family member for the purposes of this Paragraph.
(b) Any immediate family member who requests and receives the case record involving an investigation of a report of child abuse or neglect shall agree in writing to hold the department harmless for any damages, special or general, which may result from the information contained in the case record of the investigation.
G. Notwithstanding any other provision of this Section, information pertaining to adoption of children shall be strictly confidential and shall only be released to courts of competent jurisdiction in accordance with existing laws.
H.(1) Information pertaining to foster care of children, reports and investigations on abuse or neglect of children, and records of other child welfare services administered by the department, including but not limited to children's special health services, nutrition, immunization, and other medical and public health services records pertaining to children and where such records are in the custody of parish health units or regional and central offices of the office of public health of the Louisiana Department of Health, shall not be subject to discovery or subpoena in any civil suit in which the department is not a party.
(2) In the event of the issuance of a subpoena or subpoena duces tecum served upon the custodian of case records or other qualified witness or employee of the department in a civil action in which the department is not a party, or in any criminal proceeding, and such subpoena requires production for trial or discovery of any or all of the department's records, it shall be sufficient compliance if the custodian or other qualified employee delivers by registered mail or by hand a true and correct copy of all records described in such subpoena to the clerk of court or other tribunal, together with an affidavit of their authenticity, to be sealed by the court and made available only to the litigants, after an in camera inspection by the court for a determination of relevance and/or discoverability, who shall be bound by the limits of confidentiality. Under no circumstances shall said production include the name of any confidential informant, in accordance with R.S. 14:403(B). Production of said records as described in this Section shall be deemed timely if made any time prior to the requested date or date of trial, provided that the subpoena duces tecum is served at least five days prior to the requested date or date of trial.
(3) No subpoena for testimony shall issue to any employee or representative of the department in such a civil suit if the department's records are available for production pursuant to R.S. 46:56(H)(2). If the court, after the in camera inspection of the department's records as described in R.S. 46:56(H)(2), determines that good cause exists for testimony by a department employee or representative, said employee or representative may be permitted to testify in chambers.
I. Any person who violates any of the provisions of this Section shall be fined not more than two thousand five hundred dollars or imprisoned for not more than two years in the parish jail, or both, nor less than five hundred dollars or ninety days on each count.
J. Notwithstanding the foregoing provisions of this Section, the department shall maintain in each parish or district office a current monthly roster or listing by category of recipients of public assistance showing the names and amounts received by each. Such roster shall not contain information pertaining to nutrition assistance benefits or the Medicaid Program (Title XIX of the Social Security Act). The roster shall be kept available in the reception room or some conspicuous place during regular office hours of each parish office, to any person wishing to view the contents. The department shall supply the parish or district offices with forms, one of which shall be filled out, dated, and signed by each person wishing to avail himself of the provisions of this Subsection. However, it shall be unlawful to use its contents for political or commercial purposes.
K. Notwithstanding the foregoing provisions of this Section, this Section shall not be construed in any manner inconsistent with the provisions enumerated in Children's Code Article 616.
L. Notwithstanding the foregoing provisions of this Section, in any hearing before the State Civil Service Commission, Equal Employment Opportunity Commission, and any office in Louisiana Works in its capacity of administering Louisiana Employment Security Law, or in any civil or criminal judicial proceeding, wherein the work performance or conduct of an employee of the department is at issue, client case records relevant to said work performance or conduct shall be admissible. However, prior to admission into evidence, the client case records shall have client names and identifying data obliterated. The department shall provide to the employee the relevant case records with names and other identifying data obliterated, except that where an employee is disciplined as a result of allegations made by the guardian, parents, family members, or tutor of the client, the names of the accuser shall not be withheld so as to deny the employee the right of confrontation granted to him by the constitution and laws of the United States of America and the state of Louisiana.
M.(1) Notwithstanding the foregoing provisions of this Section, payment histories on child or spousal support obligations maintained by the department in conformity with the provisions of Title IV-D of the Social Security Act or by the department's child support enforcement section may be released to a consumer reporting agency upon its application in writing and payment of a fee covering the department's actual costs for duplicating, copying, or transmitting the information. Payment histories shall not be released without the removal or obliteration of any confidential information contained therein, including but not restricted to the payee's address or receipt of Aid to Families with Dependent Children, or any successor to that program, or other state assistance.
(2) For purposes of this Subsection, "consumer reporting agency" means any person who, for monetary fees or dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers to furnish consumer reports to third parties and who uses any means or facility of interstate commerce to prepare or furnish consumer reports.
N. Notwithstanding any provisions of this Section or any other law to the contrary and to the extent allowed by federal law, the department shall, upon request, provide copies of applications and case files to the state child ombudsman for the purposes of carrying out the ombudsman's statutory duties. Any such documents provided to the state child ombudsman shall remain confidential and otherwise subject to the provisions of this Section concerning any subsequent disclosures.
Acts 1992, No. 447, §4, eff. June 20, 1992; Acts 1993, No. 625, §1, eff. June 15, 1993; Acts 1993, No. 892, §1, eff. June 23, 1993; Acts 1995, No. 521, §3, eff. Jan. 1, 1996; Acts 1997, No. 79, §1; Acts 1997, No. 903, §1, eff. July 10, 1997; Acts 1997, No. 1129, §1, eff. July 14, 1997; Acts 1997, No. 1172, §7, eff. June 30, 1997; Acts 1997, No. 1463, §1; Acts 1999, No. 750, §1, eff. July 2, 1999; Acts 1999, No. 1217, §1, eff. July 9, 1999; Acts 1999, No. 1326, §1, eff. July 12, 1999; Acts 2001, No. 732, §1, eff. June 25, 2001; Acts 2003, No. 483, §1; Acts 2004, No. 260, §1, eff. June 15, 2004; Acts 2005, No. 333, §1, eff. June 30, 2005; Acts 2007, No. 119, §1, eff. June 25, 2007; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2010, No. 861, §20; Acts 2012, No. 255, §7; Acts 2014, No. 811, §24, eff. June 23, 2014; Acts 2018, No. 160, §1, eff. May 15, 2018; Acts 2018, No. 206, §5; Acts 2019, No. 400, §2, eff. June 19, 2019; Acts 2024, No. 507, §4; Acts 2025, No. 409, §6; Acts 2025, No. 478, §13, eff. Oct. 1, 2027.
A.(1) Notwithstanding any other provision of law to the contrary, the Louisiana Department of Health or the office of elderly affairs, for the purpose of adult protective services, shall report upon request to the Louisiana Supreme Court for reporting to the National Instant Criminal Background Check System database the name and any other identifying information contained in case records of any adult that may be prohibited from possessing a firearm pursuant to the laws of this state or 18 U.S.C. 922(d)(4) and (g)(4).
(2)(a) The department shall provide the Louisiana Supreme Court with the name of the court which issued the commitment order and the docket number of the proceeding if that information is in the possession of the department.
(b) In addition, the department shall provide the following available information regarding the client:
(i) Name.
(ii) Date of birth.
(iii) Alias names, if any.
(iv) Social security number.
(v) Sex.
(vi) Race.
B. The department shall provide all documents in its possession as authorized by the provisions of this Section upon request of the court and within a reasonable time period regardless of when the court proceedings occurred.
C. The providing of the information as required by the provisions of this Section shall not be construed to violate the confidentiality provisions of R.S. 46:56 or any other law regarding client confidentiality.
D. For the purposes of this Section, "department" means the Louisiana Department of Health and the office of elderly affairs, for the purposes of adult protection services as provided in R.S. 15:1503.
Acts 2016, No. 426, §1.
The financial and all other records of the state department and the parish and district offices, except those pertaining to individual recipients of assistance, as provided for in R.S. 46:56, are specifically made subject to the provisions of Title 44.
Acts 1978, No. 786, §6, eff. July 17, 1978. Amended by Acts 1979, No. 491, §1.
A. Fiscal records of the department relating to public welfare shall not be destroyed until the proper state and federal agencies have completed their audits and have approved the destruction of the records.
B. The department shall preserve all such departmental records for three years or until all useful purposes have been served thereby, whichever is longer.
C. To reduce the space required for retaining obsolete files, the secretary may destroy or order destroyed all files of documents as provided for in R.S. 44:39, when, in his opinion, the requirements of the department will be served thereby.
D. Public assistance recipient cancelled checks may be destroyed upon complying with the following conditions:
(1) Completion of audit by the state and federal auditors;
(2) Microfilming of these cancelled checks and preservation of the microfilmed copy for a period of at least six years; and
(3) Approval by the secretary of the department.
Acts 1978, No. 786, §6, eff. July 17, 1978.
The Department of Children and Family Services and the Louisiana Department of Health are authorized to make use of staff and equipment to carry out experimental and demonstration projects whose costs are otherwise totally financed by the federal government under the provisions of the Social Security Act (42 U.S.C. 1315) or any other programs totally financed from federal funds.
NOTE: §59 as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
§59. Welfare demonstration, experimental and other projects
The Department of Children and Family Services, Louisiana Works, and the Louisiana Department of Health are authorized to make use of staff and equipment to carry out experimental and demonstration projects whose costs are otherwise totally financed by the federal government under the provisions of the Social Security Act, 42 U.S.C. 1315, or any other programs totally financed from federal funds.
Acts 1978, No. 786, §6, eff. July 17, 1978; H.C.R. No. 59, 1999 R.S; Acts 2018, No. 206, §5; Acts 2025, No. 478, §13, eff. Oct. 1, 2027.
The secretary of the Department of Children and Family Services and Louisiana Department of Health may grant educational leave with pay to an employee of the department in compliance with federal administrative rules and federal laws that allow federal matching funds to be used in further educating employees of the Department of Children and Family Services and Louisiana Department of Health in the various states.
NOTE: §60 as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
§60. Educational leaves with pay; federal funds
The secretary of the Department of Children and Family Services, Louisiana Works, and Louisiana Department of Health may grant educational leave with pay to an employee of the department in compliance with federal administrative rules and federal laws that allow federal matching funds to be used in further educating employees of the Department of Children and Family Services, Louisiana Works, and Louisiana Department of Health in the various states.
Acts 1978, No. 786, §6, eff. July 17, 1978; H.C.R. No. 59, 1999 R.S; Acts 2025, No. 478, §13, eff. Oct. 1, 2027.
A.(1) The Louisiana Department of Health shall, following an investigation by the department, the office of elderly affairs, the office of the attorney general, or a local law enforcement agency, of any report of elderly abuse and the conviction of any person investigated for such abuse or the entering of a plea of guilty or nolo contendere by any person so investigated who is accused of such abuse, make available to any healthcare facility licensed by the department, upon request, the name and a photograph of any such person who has been convicted of or pled guilty or nolo contendere to a crime involving elderly abuse.
(2) The department shall maintain a record of the information required in this Section and shall periodically seek information from law enforcement officials and district attorneys from around the state to update such records, including the name and a photograph of any persons investigated as provided in this Section who has been convicted of or pled guilty or nolo contendere to a crime involving elderly abuse. Law enforcement officials and district attorneys shall cooperate with the department and shall provide the information requested in a timely manner.
(3) For purposes of this Section, "elderly abuse" shall mean abuse of any person sixty years of age or older and shall include the abuse of any person with an infirmity residing in a state-licensed facility.
B. The information released by the department shall constitute an authorized disclosure under the provisions of R.S. 15:1507.
C. The department, in consultation with the office of elderly affairs, shall adopt and promulgate rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Section, including provisions which establish procedures under which the department shall request information from law enforcement officials and district attorneys and which establish procedures under which healthcare facilities may request information concerning whether or not a person has been convicted of or pled guilty or nolo contendere to a crime listed in R.S. 14:403.2.
Acts 1997, No. 621, §1; Acts 2010, No. 861, §20; Acts 2014, No. 811, §24, eff. June 23, 2014; Acts 2018, No. 206, §5.
Repealed by Acts 2021, No. 352, §4, eff. June 17, 2021.
Repealed by Acts 1979, No. 769, §15
§§66 to 70 Repealed by Acts 1978, No. 786, §7, eff. July 17, 1978
There is established in the state treasury a state public assistance fund which shall consist of all funds made available for the purposes of this Chapter by the state or any of the parishes of this state or from any other source.
The department shall:
(1) Have full and complete authority to make and promulgate all rules and regulations and take such action as may be necessary or desirable for carrying out the provisions of the public welfare laws; these rules and regulations shall be binding upon all parish offices and governing authorities of the various parishes, and shall be complied with so that the spirit and purposes of the public welfare laws may be achieved and the assistance provided for therein may be administered efficiently throughout the state.
(2) Establish adequate standards for personnel employed in the parish or regional offices in the administration of the public welfare laws and make the necessary rules and regulations to maintain such standards, and
(3) Prescribe the form of and print and supply to the parish offices blanks for applications, reports, affidavits, and such other forms as it may deem necessary and advisable.
(4) Employ such additional personnel as may be necessary to establish audit teams in sufficient numbers to make an intensive investigation of any public assistance applicant or recipient whose initial eligibility or whose continued eligibility is difficult to determine. These audit teams shall work the number of hours per week specified by the Department of State Civil Service, but their working days and hours shall be arranged to obtain the greatest efficiency in accomplishing the purpose described above.
NOTE: §102 as repealed by Acts 2025, No. 478, eff. Oct. 1, 2027.
§102. Repealed by Acts 2025, No. 478, §17, eff. Oct. 1, 2027.
Added by Acts 1960, No. 314, §1. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 2025, No. 478, §17, eff. Oct. 1, 2027.
The department shall not increase the regular maximum grant for any category of public assistance over and above that which was authorized by law or by rules and regulations of the former State Department of Public Welfare in effect on July 1, 1961, if any portion of the increase is payable out of state funds, without legislative approval therefor. Such legislative approval shall be obtained only in one of the following ways:
(1) By a vote of a majority of the elected members of each house obtained while the legislature is in session, or
(2) If the legislature is not in session, by a vote of a majority of the elected members of each house obtained by mail ballot duly certified and promulgated by the commissioner of administration. In such case the proposal to be submitted to the members of the legislature shall be prepared by the commissioner of administration from information furnished by the department and he shall immediately thereafter distribute the ballots to the members, together with instructions that all ballots must be returned to him within thirty days after the date on which mailed in order to be counted. The commissioner of administration shall tabulate all ballots received within said thirty day period and promulgate the results thereof, and he shall, immediately upon completion of his tabulation, notify the secretary of the results.
Added by Acts 1961, No. 10, §1. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978.
The parish offices of the department shall administer the provisions of the public welfare laws in the respective parishes subject to the rules and regulations prescribed by the department.
NOTE: §103 as repealed by Acts 2025, No. 478, eff. Oct. 1, 2027.
§103. Repealed by Acts 2025, No. 478, §17, eff. Oct. 1, 2027.
Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 2025, No. 478, §17, eff. Oct. 1, 2027.
Applications for assistance shall be in writing in the manner and upon the form prescribed by the department.
Amended by Acts 1978, No. 786, §6, eff. July 17, 1978.
Whenever a parish office receives an application for assistance, an investigation and record shall promptly be made of the circumstances of the applicant. The object of the investigation shall be to ascertain the facts supporting the application and such other information as may be required by the rules and regulations of the department.
Amended by Acts 1978, No. 786, §6, eff. July 17, 1978.
A. Upon the completion of the investigation, the department shall decide whether the applicant is eligible for assistance and shall determine the amount and the date on which the assistance shall begin. It shall make an award which shall be binding until the award is modified or vacated. The department shall notify the applicant of its decision in writing.
B. All grants of assistance shall be mailed so as to reasonably assure that they will be received on the date due. If the due date falls on a weekend or a holiday, then the grant shall be mailed so as to reasonably assure its receipt on the last regular banking date immediately preceding the due date.
Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1981, No. 571, §1.
NOTE: Paragraph (A)(1) eff. until Oct. 1, 2027. See Acts 2025, No. 478.
A.(1) The Department of Children and Family Services and the office of the secretary of the Louisiana Department of Health, through their respective appeal sections, shall provide for a system of hearings and are responsible for fulfillment of all hearing provisions as prescribed under Title I, IV-A, X, XIV, XVI, XIX, or XX of the Social Security Act and under the Food Stamp Act, Public Law 91-671. Under these provisions, an opportunity for a hearing shall be granted at the state level to any applicant or recipient who makes a timely request for a hearing because his claim for assistance, services, or nutrition assistance benefits is denied or is not acted upon with reasonable promptness and to any recipient who is aggrieved by an agency action resulting in suspension, reduction, discontinuance, or termination of benefits.
NOTE: Paragraph (A)(1) as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
A.(1) The Department of Children and Family Services, Louisiana Works, and the office of the secretary of the Louisiana Department of Health, through their respective appeal sections, shall provide for a system of hearings and are responsible for fulfillment of all hearing provisions as prescribed under Title I, IV-A, X, XIV, XVI, XIX, or XX of the Social Security Act and under the Food Stamp Act, P.L. 91-671. Under these provisions, an opportunity for a hearing shall be granted at the state level to any applicant, recipient, or customer who makes a timely request for a hearing because his claim for assistance, services, or nutrition assistance benefits is denied or is not acted upon with reasonable promptness and to any recipient who is aggrieved by an agency action resulting in suspension, reduction, discontinuance, or termination of benefits.
(2) Under these provisions, an opportunity for a hearing shall also be granted at the state level by the Department of Children and Family Services to any child placing agency or day care center, who is aggrieved by any agency action resulting in the denial, suspension, or revocation of a license.
(3) Under these provisions, an opportunity for a hearing shall also be granted at the state level by the Louisiana Department of Health to any provider of services under the provisions of Titles XIX and XXI of the Social Security Act who is aggrieved by an agency action resulting in the denial, suspension, or revocation of a license or the refusal to enter into, suspension of, or termination of a service agreement.
(4) All final decisions in cases of appeal are rendered by the office of the secretary at the state level and such decisions exhaust the claimant's administrative remedy.
B. The agency or its subordinate presiding officer conducting a proceeding authorized hereunder shall conduct such a proceeding and shall have such authority to administer oaths and affirmations, issue subpoenas, and to otherwise regulate the conduct of the proceeding as provided by law, or in the absence of such a law, as specified and authorized by R.S. 49:975 et seq. The deposit or payment of witness fees ordinarily required of a party who desires to subpoena a witness shall not be required if the party desiring the issuance of the subpoena is an indigent person. A person shall be presumed to be indigent if he is certified for or is a recipient of any entitlement program, the eligibility for which is based on need, income, resources, or any combination of these criteria.
C. Within thirty days after mailing of notice of the final decision by the agency, or, if a rehearing is requested, within thirty days after the decision thereon, an applicant or recipient may obtain judicial review thereof by filing a petition for review of the decision in the Nineteenth Judicial District Court or the district court of the domicile of the applicant or recipient. When the petition is filed in an improper venue, the court of improper venue shall transfer the case to the district court of the domicile of the applicant or recipient or to the Nineteenth Judicial District Court.
D. Except as provided by Subsections B and C of this Section, all adjudicatory and review proceedings under this Section shall be governed by the Administrative Procedure Act.
NOTE: Subsection E as enacted by Acts 2025, No. 478, eff. Oct. 1, 2027.
E. For purposes of this Section, "customer" means an applicant or recipient of public assistance benefits and services that fall within the purview of Louisiana Works.
Amended by Acts 1974, No. 582, §1; Acts 1977, No. 657, §1; Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1979, No. 690, §1; Acts 1986, No. 78, §1; Acts 1993, No. 539, §1,eff. June 10, 1993; Acts 1999, No. 560, §1, eff. June 30, 1999; Acts 2018, No. 206, §5; Acts 2025, No. 478, §13, eff. Oct. 1, 2027.
All assistance grants shall be reconsidered as frequently as may be required by the rules of the state department. After such further investigation as the parish may deem necessary, or the state department may require, the amount and manner of giving assistance may be changed or assistance may be entirely withdrawn if the state or parish departments find that recipient's circumstances have altered sufficiently to warrant the action. The parish department may at any time cancel and revoke assistance for cause and it may for cause suspend assistance for such period as it may deem proper. Whenever assistance is thus withdrawn, revoked, suspended or in any way changed the parish department shall at once report to the state department such decision together with the report of its investigation. All such decisions shall be subject to review by the state department.
Repealed by Acts 1985, No. 610, §1.
Repealed by Acts 1985, No. 610, §1.
All assistance shall be inalienable by any assignment or transfer and shall be exempt from levy or execution under the laws of this state.
On the death of the recipient or person for whom assistance is granted, reasonable funeral expenses may be paid, subject to the rules and regulations of the state department, if the estate of the deceased is insufficient to pay them and there are no responsible relatives able to pay them.
NOTE: §112 as repealed by Acts 2025, No. 478, eff. Oct. 1, 2027.
§112. Repealed by Acts 2025, No. 478, §17, eff. Oct. 1, 2027.
Acts 2025, No. 478, §17, eff. Oct. 1, 2027.
Each parish department shall report to the state department at such times and in such manner as said state department may require or prescribe.
The state department shall make such reports, in such form and containing such information as the Social Security Board of the United States may from time to time require and comply with such provisions as the social security board may from time to time find necessary to assure the correctness and verification of the reports.
Amended by Acts 1979, No. 769, §3.
NOTE: Subsections A and B and Paragraph (C)(1)(intro. para.) eff. until Oct. 1, 2027. See Acts 2025, No. 478.
A. No person shall obtain or attempt to obtain assistance from the Department of Children and Family Services or the Louisiana Department of Health by means of any false statement, misrepresentation, or other fraudulent device. If during the life, or upon the death, of any person who is receiving or has received assistance it is found that the recipient is receiving or has received assistance through misrepresentation, nondisclosure of material facts, or other fraudulent device, the amount of assistance, without interest, shall be recoverable from him or his estate as a debt due the state by court action.
B. If at any time during the continuance of public assistance to any person, the recipient thereof, or the husband or wife of the recipient with whom he or she is living, is possessed or becomes possessed of any property or income in excess of the amount declared at the time of application or reinvestigation of his case and in such amount as would affect his needs or right to receive assistance, it shall be the duty of the recipient, or the husband or wife of the recipient, to notify the Department of Children and Family Services or the Louisiana Department of Health of possession of such property or income, and the department shall, after investigation, either cancel the assistance or alter the amount thereof in accordance with the circumstances, provided, that such investigation shows that such property or income does affect the need of the recipient or his right to receive assistance. If during the life, or upon the death, of any person who is receiving or has received assistance it is found that the recipient or his spouse was possessed of any property or income in excess of the amount reported that would affect his need or right to receive assistance, any assistance paid when the recipient or his spouse was in possession of such undeclared property or income shall be recoverable, without interest, from him or his estate as a debt due the state by court action. The possession of undeclared property by a recipient or his spouse with whom he is living shall be prima facie evidence of its ownership during the time assistance was granted, and the burden to prove otherwise shall be upon the recipient or his legal representative.
C.(1) If the personal circumstances of the recipient change at any time during the continuance of assistance, he shall immediately notify the Department of Children and Family Services or the Louisiana Department of Health of the change. Personal circumstances shall include:
NOTE: Subsections A and B and Paragraph (C)(1)(intro. para.) as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
A. No person shall obtain or attempt to obtain assistance from Louisiana Works or the Louisiana Department of Health by means of any false statement, misrepresentation, or other fraudulent device. If during the life, or upon the death, of any person who is receiving or has received assistance it is found that the recipient is receiving or has received assistance through misrepresentation, nondisclosure of material facts, or other fraudulent device, the amount of assistance, without interest, shall be recoverable from him or his estate as a debt due the state by court action.
B. If at any time during the continuance of public assistance to any person, the recipient thereof, or the husband or wife of the recipient with whom he or she is living, is possessed or becomes possessed of any property or income in excess of the amount declared at the time of application or reinvestigation of his case and in such amount as would affect his needs or right to receive assistance, it shall be the duty of the recipient, or the husband or wife of the recipient, to notify Louisiana Works or the Louisiana Department of Health of possession of such property or income, and the department shall, after investigation, either cancel the assistance or alter the amount thereof in accordance with the circumstances, provided that such investigation shows that such property or income does affect the need of the recipient or his right to receive assistance. If during the life, or upon the death, of any person who is receiving or has received assistance it is found that the recipient or his spouse was possessed of any property or income in excess of the amount reported that would affect his need or right to receive assistance, any assistance paid when the recipient or his spouse was in possession of such undeclared property or income shall be recoverable, without interest, from him or his estate as a debt due the state by court action. The possession of undeclared property by a recipient or his spouse with whom he is living shall be prima facie evidence of its ownership during the time assistance was granted, and the burden to prove otherwise shall be upon the recipient or his legal representative.
C.(1) If the personal circumstances of the recipient change at any time during the continuance of assistance, he shall immediately notify Louisiana Works or the Louisiana Department of Health of the change. Personal circumstances shall include:
(a) The members of the household.
(b) The place of residence of the recipient.
(c) The establishment of a legal or nonlegal union by the recipient.
(d) The failure of a child between the ages of sixteen and eighteen years, who is receiving aid to dependent children, to attend school regularly.
NOTE: Paragraph (C)(2) eff. until Oct. 1, 2027. See Acts 2025, No. 478.
(2) If during the life, or upon the death, of any person who is receiving assistance it is found that the recipient has received or is receiving assistance of a greater amount than he is entitled to receive as a result of his failure to notify the Department of Children and Family Services or the Louisiana Department of Health of a change of personal circumstances as set forth in this Subsection, any assistance paid during the time that the recipient was receiving assistance of a greater amount than he was entitled to receive as a result of his failure to notify the department shall be recoverable, with legal interest, from him or his estate as a debt due the state by court action.
NOTE: Paragraph (C)(2) as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
(2) If during the life, or upon the death, of any person who is receiving assistance it is found that the recipient has received or is receiving assistance of a greater amount than he is entitled to receive as a result of his failure to notify Louisiana Works or the Louisiana Department of Health of a change of personal circumstances as set forth in this Subsection, any assistance paid during the time that the recipient was receiving assistance of a greater amount than he was entitled to receive as a result of his failure to notify the department shall be recoverable, with legal interest, from him or his estate as a debt due the state by court action.
NOTE: Subsection D and Paragraph (E)(1)(intro. para.) eff. until Oct. 1, 2027. See Acts 2025, No. 478.
D. The federal government shall be entitled to share in any amount recovered under the provisions of this Section; however, the amount recovered by the federal government shall not exceed the amount contributed by the federal government in each case. The amount due the United States shall be promptly paid or credited upon collection to the designated agency of the federal government by the Department of Children and Family Services or the Louisiana Department of Health.
E.(1) Persons receiving food stamps or Aid to Families with Dependent Children, or a successor of either program, who have been determined by the Department of Children and Family Services or the Louisiana Department of Health in an administrative hearing, or a court of competent jurisdiction after final appeal, to have fraudulently obtained such food stamps or Aid to Families with Dependent Children, or benefits or assistance from a successor of either program, shall be ineligible for further participation in the program in accordance with the following schedule:
NOTE: Subsection D and Paragraph (E)(1)(intro. para.) as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
D. The federal government shall be entitled to share in any amount recovered under the provisions of this Section; however, the amount recovered by the federal government shall not exceed the amount contributed by the federal government in each case. The amount due the United States shall be promptly paid or credited upon collection to the designated agency of the federal government by Louisiana Works or the Louisiana Department of Health.
E.(1) Persons receiving food stamps or Aid to Families with Dependent Children, or a successor of either program, who have been determined by Louisiana Works or the Louisiana Department of Health in an administrative hearing, or a court of competent jurisdiction after final appeal, to have fraudulently obtained such food stamps or Aid to Families with Dependent Children, or benefits or assistance from a successor of either program, shall be ineligible for further participation in the program in accordance with the following schedule:
(a) For a period of six months upon the first occasion of such determination.
(b) For a period of one year upon the second occasion of such determination.
(c) Permanently upon the third occasion of such determination.
(2) During the period of ineligibility no household shall receive increased benefits under those programs as a result of its having been disqualified under this Subsection.
(3) Persons receiving medical assistance under provisions of Title XIX of the Social Security Act who have been determined by the Louisiana Department of Health to have fraudulently obtained such medical assistance may be suspended from the medical assistance program for twelve months.
Amended by Acts 1952, No. 29, §1; Acts 1956, No. 184, §1; Acts 1960, No. 299, §1; Acts 1979, No. 769, §4; Acts 1980, No. 769, §1; Acts 1982, No. 494, §1; Acts 1988, No. 427, §1, eff. July 9, 1988; Acts 2018, No. 206, §5; Acts 2025, No. 478, §12, eff. Oct. 1, 2025, §13, eff. Oct. 1, 2027.
To encourage the reporting of incidents of public assistance fraud, the Louisiana Department of Health shall provide a statewide, toll-free telephone service, known as the Public Assistance Fraud Hot-Line, when sufficient funds are made available by the legislature for such purpose, or when funds are available from any other source.
Added by Acts 1978, No. 376, §1. Amended by Acts 1979, No. 769, §5; Acts 1988, No. 427, §1, eff. July 9, 1988; Acts 1990, No. 744, §2, eff. July 24, 1990; Acts 2025, No. 478, §12, eff. Oct. 1, 2025.
Any person who obtains or attempts to obtain or aids and abets anyone to obtain assistance from the Department of Children and Family Services or the Louisiana Department of Health by means of any false statement, misrepresentation, or other fraudulent device or violates the provisions of R.S. 46:114 shall be guilty of theft as provided by R.S. 14:67.
NOTE: §114.2 as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
§114.2. Attempting or aiding to obtain assistance fraudulently; penalties
Any person who obtains or attempts to obtain or aids and abets anyone to obtain assistance from Louisiana Works or the Louisiana Department of Health by means of any false statement, misrepresentation, or other fraudulent device or violates the provisions of R.S. 46:114 shall be guilty of theft as provided by R.S. 14:67.
Added by Acts 1960, No. 299, §2. Amended by Acts 1979, No. 769, §6; Acts 1988, No. 427, §1, eff. July 9, 1988; Acts 2025, No. 478, §13, eff. Oct. 1, 2027.
NOTE: Subsections A and B eff. until Oct. 1, 2027. See Acts 2025, No. 478.
A. The Department of Children and Family Services shall establish, maintain, and provide for fraud detection functions in order to detect fraud in obtaining public assistance through staff in each region of the state. Each fraud detection unit shall report each incident of public assistance fraud to the fraud detection section of the office of children and family services on a monthly basis by the tenth day of each succeeding month. An annual report of the activities of all fraud detection units within a state fiscal year shall be submitted by the fraud detection section to the Senate and House committees on health and welfare by September first.
B. When the secretary of the Department of Children and Family Services or the secretary's designated representative has evidence that any person, business, or other legal entity attempted to obtain or obtained assistance or payment for services or goods from the department by means of any false statement, misrepresentation, or other fraudulent device, the secretary or the designated representative may issue an administrative investigation subpoena for deposition testimony or a subpoena duces tecum to be served upon any person, business, or other legal entity who is believed to have information, material, or physical evidence relative to the alleged or suspected violation, for the purpose of producing, revealing, identifying, or explaining documentary material or other physical evidence. Such deposition or return of subpoena shall take place in the parish in which the person, business, or other legal entity upon whom the subpoena has been served resides or conducts business. The subpoena shall be served by certified mail, return receipt requested, or by any other means authorized by the Code of Civil Procedure or the Code of Criminal Procedure for the service of process. The subpoena shall specify a return date indicating the date by which deposition testimony or information, material, or physical evidence must be received by the department.
NOTE: Subsections A and B as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
A. Louisiana Works shall establish, maintain, and provide for fraud detection functions in order to detect fraud in obtaining public assistance through staff in each region of the state. Each fraud detection unit shall report each incident of public assistance fraud to the fraud detection section of the office of children and family services on a monthly basis by the tenth day of each succeeding month. An annual report of the activities of all fraud detection units within a state fiscal year shall be submitted by the fraud detection section to the Senate and House committees on health and welfare by September first.
B. When the secretary of Louisiana Works or the secretary's designated representative has evidence that any person, business, or other legal entity attempted to obtain or obtained assistance or payment for services or goods from the department by means of any false statement, misrepresentation, or other fraudulent device, the secretary or the designated representative may issue an administrative investigation subpoena for deposition testimony or a subpoena duces tecum to be served upon any person, business, or other legal entity who is believed to have information, material, or physical evidence relative to the alleged or suspected violation, for the purpose of producing, revealing, identifying, or explaining documentary material or other physical evidence. Such deposition or return of subpoena shall take place in the parish in which the person, business, or other legal entity upon whom the subpoena has been served resides or conducts business. The subpoena shall be served by certified mail, return receipt requested, or by any other means authorized by the Code of Civil Procedure or the Code of Criminal Procedure for the service of process. The subpoena shall specify a return date indicating the date by which deposition testimony or information, material, or physical evidence must be received by the department.
C. At any time before the return date specified in the administrative investigation subpoena or subpoena duces tecum or within twenty days after the subpoena or subpoena duces tecum has been served, whichever is earlier, a petition stating good cause for a protective order to extend the return date, or to modify or set aside the subpoena, may be filed in the district court having civil jurisdiction in the parish where the person, business, or other legal entity served with the subpoena resides or has his principal place of business.
D. If no protective order from the court is secured and the investigative subpoena or subpoena duces tecum is not complied with by the return date thereof, an attorney for the department may apply to the district court having civil jurisdiction in the parish where the person, business, or other legal entity served resides or has his principal place of business for an order compelling compliance with the subpoena or subpoena duces tecum. Any disobedience of an order compelling compliance shall be punished as a contempt of court.
Acts 1990, No. 698, §1; Acts 1992, No. 773, §1, eff. July 7, 1992; Acts 1995, No. 698, §1; Acts 2004, No. 333, §1, eff. June 18, 2004; Acts 2018, No. 206, §5; Acts 2025, No. 478, §13, eff. Oct. 1, 2027.
A. The Fraud Detection Fund, hereinafter referred to as the "fund", is hereby created in the state treasury as a special fund.
B. All money recovered through fraud detection shall be deposited into the state treasury after reimbursement of the federal funding agency's share.
C.(1) After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, and prior to monies being placed in the state general fund, the following amounts shall be credited to the fund:
(a) An amount equal to that deposited as required by Subsection B of this Section.
(b) An amount equal to that deposited in accordance with R.S. 46:231.14(G).
(2) The monies in this fund shall be used solely as provided by Subsection D of this Section and only in the amounts appropriated by the legislature. The monies in this fund shall be invested by the state treasurer in the same manner as monies in the state general fund, and interest earned on the investment of these monies shall be credited to this fund, again, following compliance with the requirement of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund.
D. The monies in the fund may be appropriated by the legislature to the Louisiana Department of Health for the enhancement of fraud detection and recovery activities in an amount not to exceed the balance on hand in the fund at the end of the previous calendar year. These funds shall not be used to replace, displace, or supplant state general funds appropriated for daily operation of any regional fraud detection activities of the Louisiana Department of Health.
E. All unexpended and unencumbered monies in the fund at the end of each fiscal year shall remain in the fund to the credit of the Louisiana Department of Health.
Acts 1990, No. 698, §1; Acts 1992, No. 773, §1, eff. July 7, 1992; Acts 2001, No. 1182, §6, eff. July 1, 2001; Acts 2014, No. 842, §1, eff. June 23, 2014; Acts 2025, No. 478, §12, eff. Oct. 1, 2025.
NOTE: See Acts 2003, No. 560, §10.
The terms of this Chapter in relation to the parishes and the parish departments shall be mandatory.
Pleadings filed on behalf of the Department of Children and Family Services or the Louisiana Department of Health in actions to recover the value of ineligible public financial assistance payments or benefits shall be accompanied by an itemized statement of the amount of overissuance or overpayment together with the amount to which the recipient was entitled, if any. When accompanied by an affidavit of the assistant secretary of the office administering such payments or benefits to the correctness thereof as to the truth of the facts alleged to the best of the affiant's knowledge and belief, such itemized statement shall be accepted as prima facie proof of the disbursement and receipt of said payments and the amount thereof.
NOTE: §116 as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
§116. Prima facie proof of pleadings
Pleadings filed on behalf of Louisiana Works or the Louisiana Department of Health in actions to recover the value of ineligible public financial assistance payments or benefits shall be accompanied by an itemized statement of the amount of overissuance or overpayment together with the amount to which the recipient was entitled, if any. When accompanied by an affidavit of the assistant secretary of the office administering such payments or benefits to the correctness thereof as to the truth of the facts alleged to the best of the affiant's knowledge and belief, such itemized statement shall be accepted as prima facie proof of the disbursement and receipt of said payments and the amount thereof.
Added by Acts 1981, No. 811, §1; Acts 2025, No. 478, §12, eff. Oct. 1, 2025, §13, eff. Oct. 1, 2027.
For purposes of this Part, the following terms shall be defined as follows:
(1) "Activated military person" means a person domiciled in Louisiana for civilian purposes who names Louisiana as Home of Record (HOR) for military purposes, and who is any of the following:
(a) A member of a reserve component of the United States Army, Navy, Air Force, Space Force, Marine Corps, or Coast Guard, including the Louisiana National Guard, and called to active federal service in excess of thirty days.
(b) A member of the Louisiana National Guard and called to active state service pursuant to R.S. 29:7.
(c) Repealed by Acts 2022, No. 413, §3, eff. June 15, 2022.
(2) "Board" means the Louisiana Military Family Assistance Board.
(3) "Family member," in relation to the activated military person, means the primary next of kin or an immediate family member. Immediate family member shall include:
(a) The spouse of the person.
(b) A natural child, adopted child, stepchild, or child born outside of marriage (if acknowledged by the person or parenthood has been established by a court of competent jurisdiction) of the person, except that if such child has not attained the age of eighteen years, the term means a surviving parent or legal guardian of such child.
(c) Any other person claimed as a dependent on the federal income tax return of the activated service person.
(d) A biological or adoptive parent of the person, unless legal custody of the person by the parent has been previously terminated by reason of a court decree or otherwise under law and not restored.
(e) A brother or sister of the person, if such brother or sister has attained the age of eighteen years.
(f) Any other person, if such person was given sole legal custody of the person by a court decree or otherwise under law before the person attained the age of eighteen years and such custody was not subsequently terminated before that time.
(4) "Honorably discharged military person" means a person domiciled in Louisiana who is a veteran of the United States Army, Navy, Air Force, Space Force, Marine Corps, or Coast Guard who was on full-time active duty in the military service of the United States and received an honorable discharge and has met any of the following conditions:
(a) Completed either twenty-four months of continuous active duty or the full period of not less than ninety days for which he was ordered to active duty, other than active duty training, for which he received either an honorable discharge or a general discharge under honorable conditions.
(b) Completed at least ninety days of active duty and discharge under the specific authority of 10 U.S.C. 1171 or 1173 or a determination of having a compensable service-connected disability.
(c) Received a discharge with less than ninety days of service for a service-connected disability.
(5) "Third party administrator" shall be one or more employees of the Louisiana Department of Veterans Affairs designated by the secretary and approved by the board unless the board has entered into a cooperative agreement as provided in R.S. 46:123(C).
(6) Repealed by Acts 2022, No. 413, §3, eff. June 15, 2022.
Acts 2005, No. 151, §1, eff. June 28, 2005; Acts 2006, No. 344, §6, eff. June 13, 2006; Acts 2010, No. 256, §1; Acts 2016, No. 185, §1; Acts 2016, No. 402, §1; Acts 2017, No. 60, §1; Acts 2018, No. 206, §5; Acts 2022, No. 413, §§2, 3, eff. June 15, 2022; Acts 2025, No. 137, §6.
A.(1) Funds received by the state treasurer pursuant to the provisions of R.S. 47:120.31 and 306.3, or received by the treasurer or the Louisiana Military Family Assistance Board from other public or private donations, gifts, grants, appropriations or other revenue, including revenue derived from the Support Our Troops special prestige license plate as provided for in R.S. 47:463.131, shall be deposited and credited to a special fund hereby created in the state treasury to be known as the Louisiana Military Family Assistance Fund. The money in the fund shall be used solely as provided for in Subsection B of this Section. In addition to funds from any other source, public or private donations, gifts, or grants from individuals, corporations, nonprofit organizations, or other business entities may be made to the fund and accepted by the fund for military family relief and assistance as provided in this Part.
(2) All unexpended and unencumbered money in the fund at the end of the fiscal year shall remain in the fund. The money in the fund shall be invested by the treasurer in the same manner as money in the general fund and interest earned on the investment of the money shall be credited to the fund. The money in the fund shall not be commingled with other funds, but maintained in a separate account. Balances in the fund shall not lapse at any time, but shall be continuously available for expenditure as provided in this Part.
B. The money in the fund shall be used solely for the following purposes:
(1) To pay need-based claims of family members of activated military personnel or honorably discharged military personnel as authorized by the Louisiana Military Family Assistance Board in the manner provided for in R.S. 46:123.
(2) To provide for state administration of the program provided for in this Part as determined by the board, not to exceed five percent of the total amount deposited into the fund each fiscal year.
(3) To provide for the third party administrator's expenses in administration of the program provided for in this Part, which shall not exceed five percent of the total amount deposited into the fund each fiscal year.
(4) To pay transportation and other related costs of activated military personnel as authorized by the Louisiana Military Family Assistance Board.
(5) To conduct outreach activities for veterans of the United States Armed Forces.
(6) To pay for educational benefits for children, spouses, and surviving spouses of veterans in accordance with R.S. 29:288.
(7) To pay, at the discretion of the Louisiana Military Family Assistance Board, burial fees and costs for deceased indigent veterans or their spouses. For purposes of this Section, "indigent" is defined as an individual that was receiving public assistance, such as food stamps, Temporary Assistance to Needy Families, Medicaid, disability insurance, or residing in public housing, or earning less than two hundred percent of the Federal Poverty Guideline prior to their death.
(8) To pay sums necessary for expenses of eligible beneficiaries under R.S. 29:288, as limited by the provisions of R.S. 29:289.
C.(1) The Louisiana Military Family Assistance Board shall have the authority to issue annual grants from the Military Family Assistance Fund to tax-exempt organizations established under Section 501(c)(3) of the Internal Revenue Code, that have been in existence for at least three years. The board shall consider applications only from organizations seeking to improve the education, mental health, or housing needs of veterans and their families. Each one-time grant shall be limited to ten thousand dollars. The board's grant authority shall be cumulatively limited to one hundred thousand dollars in any fiscal year.
(2) Applicants shall submit a specific proposal for the use of any grant. Grant funds shall be used only in accordance with the project proposal and budget approved by the board.
(3) Grant funds shall not be used as collateral, to offset other financial obligations, including interest payments on lines of credit, and securing or servicing debt, or to meet cash flow or general operating expenses that are unrelated to the purpose of the grant proposal as defined in the grant agreement letter.
(4) Grantees shall be required to submit a final report outlining the expenditures of the grant. Grantees are required to retain account records, detailing all receipts and expenditures, for a minimum of four years following submission of the final grant report.
(5) Grantees shall repay any grant funds not used for the grant purpose within thirty days of submission of the final report required by this Subsection.
(6) Grantees shall be subject to audit by the Military Family Assistance Board and the legislative auditor regarding the use of grant funds.
Acts 2005, No. 151, §1, eff. June 28, 2005; Acts 2008, No. 676, §1; Acts 2010, No. 256, §1; Acts 2016, No. 402, §1; Acts 2017, No. 3, §1, eff. Jan. 1, 2018; Acts 2022, No. 413, §2, eff. June 15, 2022; Acts 2024, No. 723, §4, eff. June 19, 2024; Acts 2025, No. 241, §1.
A.(1) The Louisiana Military Family Assistance Board is hereby created and established under the jurisdiction of the Department of Veterans Affairs. The board shall be domiciled in Baton Rouge and administrative support of such board shall be provided by such department.
(2)(a) The board shall be composed of the following:
(i) The governor, or designee.
(ii) The lieutenant governor, or designee.
(iii) The adjutant general, Louisiana National Guard, or designee.
(iv) The secretary, Louisiana Department of Veterans Affairs, or designee.
(v) The state treasurer, or designee.
(vi) The secretary of the Department of Children and Family Services, or designee.
(vii) The president of the Senate, or designee.
(viii) The speaker of the House of Representatives, or designee.
(ix) Three members appointed by the governor who shall be residents of the state and honorably discharged veterans of the Louisiana National Guard or the active or other reserve components of the armed forces of the United States. Such appointed members shall be subject to confirmation by the Senate.
(b) A majority of the members of the board shall constitute a quorum for the transaction of all business. The chairman shall be elected.
(3) Members shall serve without additional compensation or reimbursement for expenses. However, members or designees who are not public officials shall be entitled to compensation or reimbursement for attendance at meetings of the board and other expenses incurred on business of the board. Such compensation or reimbursement shall be for necessary and appropriate expenses equivalent to that allowed in state law for state classified employees.
B.(1) The board shall establish rules for the implementation of this Part and proper adjudication of need-based claims submitted on behalf of activated military personnel or honorably discharged military personnel. The rules shall provide the procedures for determination and consideration of claims and appeals, application forms and claims documentation, requirements, limitations, definitions, and such other matters as the board deems necessary and appropriate to carry out the provisions of this Part and ensure the availability of funds and appropriate disbursement to claimants.
(2) Such rules shall establish a maximum dollar amount that may be awarded on behalf of an activated military person or an honorably discharged military person for a need-based claim per twelve-month period. Such maximum shall apply per active duty order.
(3) Such rules shall require that applicants attach to their applications an appropriate authorization to access personnel information contained in the military database Defense Enrollment Eligibility Reporting System (DEERS) for verification purposes.
(4) The board may provide and distribute public information as necessary regarding the provisions of this Part, including information relative to procedures for public or private contributions to the fund and the tax-exempt status of such contributions.
(5) The board shall meet as necessary to oversee the implementation of this Part.
C. The board may enter into a cooperative agreement with a third party administrator to accomplish the necessary administration or required claims adjudication in accordance with rules promulgated by the board. However, such agreement shall not be valid until approved by the Joint Legislative Committee on the Budget. If the board has not entered into a cooperative agreement, the third party administrator shall be one or more employees of the Louisiana Department of Veterans Affairs designated by the secretary and approved by the board.
D.(1) The board shall meet as necessary to review claims adjudicated by the third party administrator and make the following determinations:
(a) That all awards are on behalf of activated military personnel or honorably discharged military personnel as defined in this Part.
(b) That all awards are made pursuant to claims by family members of activated military personnel or honorably discharged military personnel as defined in this Part or by an activated military person or honorably discharged military person himself.
(c) That all awards are need-based. A claim may be considered need-based if all of the following apply:
(i) Funds are requested for necessary expenses incurred, or to be incurred.
(ii) The necessary expenses created, or will create, an undue hardship on the activated military person, a family member of the activated military person, or the honorably discharged military person.
(iii) The activated military person, a family member of the activated military person, or the honorably discharged military person does not have reasonable access to any other funding source.
(iv) Payment of the claim by the fund does not supplant other available public or private funds.
(v) The activated military person, a family member of the activated military person, or the honorably discharged military person has made reasonable attempts to secure alternative funding through another program.
(2)(a) The third party administrator shall make a written determination on a claim as soon as possible. In no event shall the time period between receipt of the completed application by the third party administrator and release by the administrator of the written determination exceed thirty days. Such determination shall be:
(i) To approve the claim.
(ii) To disapprove the claim.
(iii) To request additional information or documentation regarding the claim.
(iv) To schedule a meeting with the applicant to discuss the claim.
(b) If the third party administrator requests additional information, it shall make a written determination within fifteen days of receipt of such information. Such determination shall indicate that the administrator approved or disapproved the claim.
(c) If the third party administrator schedules a meeting, it shall make a written determination within fifteen days following such meeting. Such determination shall indicate that the administrator approved or disapproved the claim.
(d) If the third party administrator fails to make a written determination within the time periods specified in this Paragraph, the claim shall be considered disapproved.
(3) If the third party administrator approves a claim, it shall determine when the claim shall be paid, the amount of payment, to whom the payment shall be made, and such other matters as it deems necessary and appropriate.
(4)(a) An applicant may appeal the denial of a claim by the third party administrator to the board within thirty days of the receipt of such decision.
(b) The decision of the board on a claim shall be final.
(5) No claim shall be approved by the board, or the third party administrator, or paid by either of them, that does not meet the requirements of the law or rules.
E. A claim of an activated military person or person's family member or a claim of an honorably discharged military person may be denied if the activated military person or honorably discharged military person is not in good standing with the appropriate military unit at the time the application is submitted or the claim payment is made.
F.(1) The third party administrator may consider and make awards for claims arising on and after September 11, 2001.
(2) The board shall establish by rule the appropriate level of funds available in the Louisiana Military Family Assistance Fund for the program created by this Part to initially become operational. No application shall be approved until such level of funding is achieved; and thereafter, no application shall be approved by either the board or the third party administrator unless the funding is available. At no time shall the outstanding liabilities exceed the available funding.
G.(1) In extenuating circumstances as defined by rule by the board, an activated military person or honorably discharged military person, or his family, may be awarded an additional one-time lump-sum award for a service-related death or injury with a greater than fifty percent residual disability. The board shall provide by rule for a uniform lump-sum amount for such award, which shall not exceed two thousand five hundred dollars.
(2) Family members of activated military personnel or honorably discharged military personnel who are listed as missing in action or prisoner of war by the United States Department of Defense shall also be eligible for this lump-sum award.
(3) Lump-sum awards shall be limited to one per active duty order.
(4) The board shall provide by rule the maximum percentage, not to exceed twenty percent, per fiscal year of the Louisiana Military Family Assistance Fund that may be directed to lump-sum payments.
H. Revenue and expenditures related to the Louisiana Military Family Assistance Fund shall be subject to audit by the legislative auditor.
I.(1) Any person who knowingly makes a false statement or representation in submitting a claim, or knowingly fails to disclose a material fact to obtain or increase a claim, shall be guilty of a misdemeanor and shall be subject to a fine of up to an amount equivalent to double the amount claimed. Each false statement or representation or failure to disclose a material fact shall constitute a separate offense.
(2) If the board suspects that an application is submitted in violation of this Subsection, it shall refer such application to the appropriate district attorney's office.
J. The board shall provide an annual report to the Joint Legislative Committee on the Budget on the overall activities of the program and any recommendations for consideration. The initial report shall be due January 1, 2007.
K.(1) Statistical reports and reports on the overall performance of the program and revenue and expenditures related to the Louisiana Military Family Assistance Fund shall be public record.
(2) The identities of applicants and their related activated military personnel or honorably discharged military personnel shall be confidential unless waived. The filing of an appeal before the board shall be considered a waiver.
(3) Although confidential, records relating to applications and the identities of applicants and their related activated military personnel or honorably discharged military personnel shall be available to necessary parties such as the legislative auditor, legislative oversight committees for rules and annual reports, and such other parties as necessary for prudent administration of the program and verification of elements of application.
(4) Once a claim is approved, the identity of the claimant and the related activated military person or honorably discharged military person and the amount approved shall be public record.
L. The board shall provide by rule the maximum percentage, not to exceed ten percent, per fiscal year that may be directed to outreach activities for veterans.
M. Repealed by Acts 2023, No. 393, §2.
Acts 2005, No. 151, §1, eff. June 28, 2005; Acts 2008, No. 676, §1; Acts 2010, No. 256, §1; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2012, No. 156, §1; Acts 2012, No. 281, §1; Acts 2016, No. 402, §1; Acts 2017, No. 60, §1; Acts 2018, No. 206, §5; Acts 2022, No. 413, §2, eff. June 15, 2022; Acts 2023, No. 393, §2.
A. The Louisiana Department of Health shall provide a system of adult services for persons who are elderly, blind, or have disabilities pursuant to Title VI of the Social Security Act of 1935 as amended.
B. The provisions of this Section shall become effective when the necessary funds are made available to the department.
Amended by Acts 1958, No. 406, §1; Acts 1960, No. 487, §1, emerg. eff. July 9, 1960; Acts 1964, No. 337, §1; Acts 1966, No. 352, §1; Acts 1970, No. 496, §1; Acts 1974, No. 668, §1; Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 2014, No. 811, §24, eff. June 23, 2014.
Repealed by Acts 1974, No. 668, §2
A. Medical assistance in the form of payment for medical care, including medical insurance in advance of the medical care, to the extent and under such conditions as federal matching funds can be obtained under the provisions of the federal Social Security Act, may be provided under rules and regulations of the Louisiana Department of Health to any person who:
(1) Meets the requirements for public assistance, or
(2) Does not meet the requirements for public assistance, but whose income and resources are not sufficient to meet his medical needs, and
(a) Is a resident of the state, or
(b) A resident of the state needing medical care as may be required or permitted under the provisions of the federal Social Security Act for federal matching purposes.
B. All certifications of eligibility for hospital care, either in a public or a private hospital or for any type of medical vendor payments by the department, shall be subject to the provisions in the first and fourth paragraphs of R.S. 46:56.
C. Except to the extent that the responsibility for payment for medical care of certain persons is transferred to the department in Subsection A of this Section and the pertinent rules and regulations subsequently adopted, the care and treatment of medically indigent persons shall remain the responsibility of the various charity hospitals of this state as provided by existing law.
D. The responsibility for payment for medical and hospital care, as provided in this Section, shall remain in effect until such time as any or all of these responsibilities shall be vested by law in some other agency of the state or federal government.
E. By applying for, and subsequently becoming eligible to receive, or by accepting medical assistance under provisions of this Section, the applicant or recipient shall be deemed to have made an assignment to the department of his right to any hospitalization, accident, medical, or health benefits owed to applicant or recipient by any third party, as well as rights to such benefits or medical support payments owed by any third party to applicant's or recipient's children or any other person for whom applicant or recipient has legal authority to execute such an assignment.
F. The Louisiana Department of Health shall implement an expedited Medicaid eligibility review program for persons diagnosed as having acquired immune deficiency syndrome (AIDS). If a preliminary review indicates a preponderance of evidence for presumptive Medicaid eligibility, then full, temporary Medicaid coverage for the person with AIDS shall be extended immediately and shall continue until such time as the final Medicaid application either is denied or until permanent eligibility is established and full, permanent coverage commences. If a final determination of ineligibility is made, the person with AIDS shall reimburse the department for funds expended on his behalf by the department during the period of temporary Medicaid coverage. The department shall promulgate rules as necessary for the implementation of this Subsection.
G. Repealed by Acts 2003, No. 226, §2.
H. The Louisiana Department of Health shall not lose its rights to recover the assistance payments and medical expenses the department has paid or is obligated to pay on behalf of an injured, ill, or deceased person in connection with said injury, illness, or death if the department does not intervene or file its own cause of action or take any other action allowed pursuant to the assignment of rights provision of Subsection E of this Section, or R.S. 46:446.
Added by Acts 1961, No. 16, §1. Amended by Acts 1966, No. 9, §1; Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1980, No. 255, §1; Acts 1988, No. 674, §1; Acts 1995, No. 1190, §1; Acts 1999, No. 1118, §1; Acts 2003, No. 226, §2; Acts 2003, No. 1208, §1; Acts 2018, No. 206, §5.
Any state agency may, with the approval of the division of administration, transfer to the Louisiana Department of Health any portion of its appropriation that may be available for federal matching funds in accordance with the medical assistance program established by the department.
Added by Acts 1970, No. 248, §1, emerg. eff. July 7, 1970, at 1:00 P.M. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978.
A. Out of the funds received or receivable during each fiscal year by each state owned and operated hospital or other facility from the federal government or any federal agency for the care and treatment of or any other services rendered to or for the benefit of any patient eligible to receive such services under the medical assistance program provided for herein, the amount so collected or collectible during said period by each hospital or other facility shall be deposited in a special account in the state treasury to the credit of that hospital. The funds thus credited shall be available for use at the hospital or other facility making the collection for the following purposes, namely, (1) to employ necessary personnel and for other expenses incurred in connection with the proper administration of the collection of such monies by such hospital or other facility from the federal government or any agency thereof; (2) for the purchase of new equipment for use at such hospital or other facility; (3) for making major repairs at the hospital or other facility; (4) and for operating expenses and maintenance of the hospital or other facility. Any funds remaining unexpended and unencumbered in any such special account at the end of each fiscal year shall be retained in such special account.
B. Expenditures to be made under the authority of R.S. 46:153.1 and R.S. 46:153.2 shall be made only upon approval of the governing authority which administers the hospital or other facility or its designee, and the division of administration, and otherwise shall be subject to the laws and regulations relating to budgeting by state agencies and the budgetary controls provided for by Title 39 of the Louisiana Revised Statutes of 1950, as amended, insofar as said laws and regulations are not inconsistent with the purposes of R.S. 46:153.1 and R.S. 46:153.2.
Added by Acts 1970, No. 248, §1, emerg. eff. July 7, 1970, at 1:00 P.M. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978.
A. The Louisiana Legislature recognizes the need to ensure that the state delivers a medical assistance program which is cost effective and prudently administered. The legislature acknowledges that rising health care costs are creating an increased demand on the state's limited revenues. Further, the legislature finds that cost effective programs such as the medical assistance drug program optimize existing fiscal resources while improving the quality of patient care and reducing the need for more expensive health care services.
B.(1) The department may limit ingredient reimbursement for multi-source prescription drugs in accordance with state and federal law.
(2)(a) The department shall establish a single preferred drug list that utilizes a prior approval process or any other process or combination of processes that prove to be cost-effective in the medical assistance program. The single preferred drug list shall include all covered therapeutic drug classes that are subject to prior authorization. At a minimum any prior approval process shall meet all of the following criteria:
(i) Provide for a response by telephone or other form of telecommunication device within a maximum of twenty-four hours of a request for prior authorization.
(ii) Provide for the dispensing of a minimum of a seventy-two hour supply of a covered outpatient prescription drug in an emergency situation as provided by federal rule or regulation.
(iii) Comply with federal laws, rules, and regulations.
(iv) Involve medical personnel, including but not limited to pharmacists and physicians.
(v) Assure that a qualified, licensed physician is available for consultation during the prior approval process.
(b) The department may enter into contractual arrangements to perform the prior approval function and the development of the preferred drug list with a Louisiana school of medicine, a Louisiana school of pharmacy, the fiscal intermediary for the Medicaid program, or such other qualified contractor that it deems appropriate. The department may, at the expiration of any current contractual obligation, enter into contractual arrangements through a public request for proposal process to perform the development of the preferred drug list.
(c) The department is authorized to promulgate rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Paragraph.
(d) Repealed by Acts 2016, No. 339, §2, eff. June 2, 2016.
(e) Each year the department shall provide a written and public report to the legislature and the governor thirty days prior to the regular legislative session. The report shall cover:
(i) The cost of administering the preferred drug list, including the cost of administering the prior authorization function, the costs of development and maintenance of the preferred drug list and aggregate funds, returned to the federal government related to pharmaceutical rebates.
(ii) An analysis of the utilization trends for medical services provided by the state and any correlation to the preferred drug list.
(3), (4) Repealed by Acts 2016, No. 339, §2, eff. June 2, 2016.
C.(1) The department shall not restrict by prior authorization any anti-retroviral prescription drug prescribed and determined by a prescribing practitioner licensed by the state to be medically necessary for the treatment and prevention of HIV/AIDS. Such anti-retroviral prescription drugs include but are not limited to protease inhibitors, non-nucleoside reverse transcriptase inhibitors, nucleoside reverse transcriptase inhibitors, anti-virals, and fusion inhibitors prescribed for the treatment of HIV/AIDS.
(2) The department shall not restrict by prior authorization any prescription drug prescribed to an adult patient and determined by a prescribing practitioner licensed by the state to be medically necessary for the treatment and prevention of schizophrenia and schizotypal or any delusion disorders, including but not limited to first episode psychosis, if either of the following conditions are met and the request is in accordance with federal requirements:
(a) During the preceding year, the patient was prescribed and unsuccessfully treated with a preferred drug, whether a brand or generic drug.
(b) The patient has previously been prescribed and obtained prior authorization for the nonpreferred prescribed drug.
(3) Repealed by Acts 2016, No. 339, §2, eff. June 2, 2016.
(4) The department shall include data from the atypical antipsychotic drug class and the immunomodulator and hepatitis C – specific antiviral drug class with the data collected on all drug classes reviewed on the Medicaid preferred drug list for the annual report to the legislature and governor as required by Subparagraph(B)(2)(e) of this Section.
D.(1) The Medicaid Pharmaceutical and Therapeutics Committee, hereinafter referred to as "the committee", is hereby created within the Louisiana Department of Health. The committee shall be composed of fifteen members appointed by the governor and submitted to the Senate for confirmation. The governor shall ensure that appointments achieve race, gender, and geographic diversity.
(2)(a) Each nominating organization shall certify by affidavit that the practice of each nominee involves either the care of or the supervision of the care of Medicaid recipients. The committee shall be comprised of the following:
(i) One physician nominated by the Louisiana State University Health Sciences Center.
(ii) One physician nominated by Tulane University School of Medicine.
(iii) Four physicians nominated by the Louisiana State Board of Medical Examiners.
(iv) One pharmacist nominated by the University of Louisiana at Monroe School of Pharmacy.
(v) One pharmacist nominated by the Xavier University of Louisiana School of Pharmacy.
(vi) Two practicing pharmacists nominated by the Louisiana Board of Pharmacy. One pharmacist shall be an independent pharmacist and one pharmacist shall be a pharmacist representing a chain pharmacy.
(vii) The secretary of the Louisiana Department of Health, or his designee.
(viii) The director of the Medicaid program in the Louisiana Department of Health or his designee.
(ix) The president of the Senate or the president's designee.
(x) The speaker of the House of Representatives or the speaker's designee.
(xi) A consumer member who shall be a Medicaid recipient.
(b) Any committee member who misses two consecutive meetings may be replaced. The department may send notice to the nominating organization upon the second recorded absence. The nominating organization shall have thirty calendar days from issuance of the notice to submit replacement nominations to the office of the governor. If replacement nominations are not received within thirty days, the department shall nominate a replacement.
(3) Other physicians who participate in various subspecialties may act as consultants to the committee as needed.
(4) Members of the committee shall be governed by either the Code of Governmental Ethics, R.S. 42:1101 et seq. or the code of ethics governing their respective profession.
(5)(a) The committee shall meet only in public and shall permit public comment prior to voting on any changes in the preferred drug list. Minutes of the meeting shall be made available to the public within five days after the minutes are approved. All documents that are distributed to the committee and not subject to state or federal confidentiality laws shall be made available to the public within five days after the committee meets.
(b) The committee shall be responsible for developing and maintaining a preferred drug list established in conjunction with a prior approval process as provided in Subparagraph (B)(2)(a) of this Section. The preferred drug list shall comply with all applicable state and federal laws, rules, and regulations. The committee may recommend additions and deletions to the preferred drug list and the preferred drug list may change in accordance with those recommendations. The committee shall also advise the secretary of the department on policy recommendations related to the prudent administration of the Medicaid drug program. The secretary shall assure that all actions of the committee comply with applicable state and federal laws, rules, and regulations prior to implementation or modification of the preferred drug list. The clinical decisions regarding the preferred drug list shall be made transparent through a written report that is publicly available. If the decision of the Medicaid Pharmaceutical and Therapeutics Committee is contrary to the clinical evidence found in labeling, drug compendia, or peer review literature, such decisions shall be justified in writing.
(c) Any new drug approved by the United States Food and Drug Administration may be added to the preferred drug list when it becomes commercially available and the manufacturer enters into a federal medicaid drug rebate program if the department determines it is in the best interest of the medical assistance program. The Medicaid Pharmaceutical and Therapeutics Committee shall conduct an evidence-based analysis of the drug to determine if the drug shall be maintained on the preferred drug list. The analysis shall include but not be limited to the medical evidence of the clinical effectiveness of the drug as well as evidence of the cost-effectiveness of the drug in treating illness and disease. When a new drug that is included in the Medicaid Pharmaceutical and Therapeutics Committee process is approved by the United States Food and Drug Administration, the drug shall be reviewed at the next Medicaid Pharmaceutical and Therapeutics Committee meeting.
(d), (e) Repealed by Acts 2016, No. 339, §2, eff. June 2, 2016.
Acts 1989, No. 403, §1, eff. June 30, 1989; Acts 1995, No. 991, §1; Acts 1999, No. 795, §1; Acts 1999, No. 802, §7, eff. July 2, 1999; Acts 1999, No. 1245, §1; Acts 2001, No. 395, §1, eff. June 13, 2001; Acts 2001, No. 1137, §1; Acts 2003, No. 1264, §1; Acts 2004, No. 653, §1; Acts 2004, No. 677, §1; Acts 2004, No. 705, §1; Acts 2005, No. 177, §1, eff. June 28, 2005, and §2, eff. June 30, 2007; Acts 2006, No. 801, §1, eff. Jan. 1, 2007; Acts 2016, No. 339, §§1, 2, eff. June 2, 2016; Acts 2018, No. 644, §1; Acts 2019, No. 263, §1; Acts 2022, No. 76, §1.
*Acts 2006, No. 17.
A. The Legislature of Louisiana finds that:
(1) Medication choices are many, and the use of the wrong medication can cause serious health complications and cost an estimated two hundred ninety billion dollars annually in hospital admissions, extra doctor visits, lab tests, and nursing home admissions.
(2) The 2010 federal health reform legislation will require Medicaid to cover many additional Louisiana citizens, greatly expanding the state Medicaid pharmacy program, the number of expensive medications issued, and the potential for medication error.
(3) The Medicare Part D program has been successfully using medication therapy management programs since the Medicare Modernization Act of 2003, and states such as Mississippi, North Carolina, and Florida have implemented similar programs in their respective Medicaid programs.
(4) Peer-reviewed studies have demonstrated that medication therapy management both improves patient health conditions and significantly reduces health costs.
B. For the purposes of this Section, the following terms shall have the following meanings:
(1) "Medicaid medication therapy management" may include the review or modification of medication therapy regimens of patients by a licensed pharmacist, in collaboration with a primary health care provider, and may include the provision of the following services to optimize the therapeutic outcomes of a patient's medication:
(a) Conducting a medication therapy review with the patient to identify, resolve, and prevent medication-related problems, including adverse drug events.
(b) Working with the patient to develop a personal medication record that contains all prescribed and nonprescription drugs, herbal products, and dietary supplements taken by the patients.
(c) Working with the patient to develop a medication-related action plan for the patient to use in collaborative medication self-management.
(d) Providing consultative services for the patient, intervening to address medication-related issues, and when the pharmacist believes it will be beneficial to the patient's health, referring the patient to his regular health care provider for evaluation and additional referrals.
(e) Performing all necessary follow-up medication therapy management services for the maintenance and support of the patient, as recommended by the primary health care provider or specialist.
(f) Maintaining all necessary documentation, including the following and any other records required for compliance with state and federal laws and regulations requiring maintenance of patient records:
(i) Patient demographics and basic identifying information.
(ii) Pertinent patient-reported subjective information.
(iii) Objective observations regarding known allergies, diseases, conditions, laboratory results, vital signs, diagnostic signs, physical examination results, and a review of internal systems.
(iv) An assessment of medication-related problems.
(v) A care plan.
(vi) Any collaborative communications with the primary health care provider and other health care professionals.
(vii) Patient-centric lists of actions to be followed to track progress is medication self-management.
(viii) Any relevant transition plan or scheduling of follow-up visits.
(ix) Billing information including level of patient care, level of complexity, and charges.
(2) "Medication therapy review" may include the following:
(a) Interviewing the patient to gather data, including demographic information, general health and activity status, medical history, medication history, immunization history and to collect the patient's personal assessment about his disease or condition and medication use.
(b) In collaboration with a health care provider, performing necessary clinical assessments of the patient's health status, including current or previous diseases or conditions.
(c) Assessing patient values, preferences, quality of life, goals of therapy, cultural issues, education level, language barriers, literacy level, and other characteristics affecting the patient's communication skills that could affect patient outcomes.
(d) Assessing, identifying, prioritizing, and developing a plan for resolving medication-related problems related to the clinical appropriateness of each medication, the appropriateness of the dosage of each medication, including considerations of indications, contraindications, and potential adverse effects, adherence to regimen, untreated diseases or conditions, medication costs, and provider access considerations.
(e) Providing education and training on the appropriate use of medications and monitoring devices.
(f) Coaching patients to manage their own medications.
(g) Evaluating the patient's ability to detect symptoms that could be attributed to adverse reactions or interactions from medications.
(h) Interpreting, monitoring, and assessing a patient's laboratory results as ordered by the health care provider.
(i) Monitoring and evaluating the patient's responses to his medication therapies, including the safety and effectiveness of those therapies.
(j) Communicating appropriate information to the primary health care provider or other health care professionals, including consultation on the selection of medications, suggestions to address identified medication problems, updates on the patient's progress, and recommended follow-up care.
C. The Louisiana Department of Health shall consider implementing a medication therapy management program which may provide certain medication therapy management services to qualified Medicaid recipients.
D. The department shall consider the following provisions when analyzing whether to implement a Medicaid medication therapy management program:
(1) Eligibility of patients to receive medication therapy management services under the program, using standards such as minimum number of medications, multiple chronic medical conditions, and likelihood of incurring high drug costs.
(2) Requirements for pharmacists to receive reimbursement for medication therapy management services, which may include at a minimum that:
(a) The pharmacist providing the services shall hold a valid and current license issued by the Louisiana Board of Pharmacy.
(b) The pharmacist shall currently practice in a community pharmacy, ambulatory, long-term, or home health care setting.
(c) The pharmacist shall develop a structured patient care process.
(d) The pharmacist shall maintain appropriate documentation that meets the department's requirements for outcomes analysis and patient care.
(3) Amount of reimbursement to pharmacists for the provision of medication therapy management services.
(4) Requirements for patient meeting criteria.
(5) Provisions for referrals and coordination with primary care providers.
(6) Limitations on the provision of medication therapy management services.
E. Nothing in this Section shall be construed to give pharmacists who are performing medication therapy management services the authority to write prescriptions or change, alter, or adjust prescription medication without the order of a physician, exercise independent medical judgment, diagnose, request laboratory tests, provide patient care independently, or otherwise engage in the practice of medicine.
F. The department may promulgate and publish rules and regulations pursuant to this Section in accordance with the Administrative Procedure Act if the department elects to implement a Medicaid medication therapy management program.
Acts 2010, No. 629, §1.
A. Notwithstanding any provision of law to the contrary, a Medicaid managed care organization shall not deny coverage of a nonopioid prescription drug in favor of an opioid prescription drug when a licensed physician has prescribed a nonopioid medication for the treatment of chronic or acute pain.
B. The department shall not establish more restrictive or more extensive utilization controls, including but not limited to more restrictive or more extensive prior authorization or step therapy requirements, for clinically appropriate nonopioid drugs than the least restrictive or extensive utilization controls applicable to any clinically appropriate opioid or narcotic drug.
C. The department shall:
(1) Provide education, awareness, and technical assistance on the advantages of nonopioid alternative drugs.
(2) Collaborate with political subdivisions, nonprofit organizations, and other state agencies to seek funding opportunities for educational and healthcare services related to nonopioid alternatives.
(3) Assist, upon request, political subdivisions that receive opioid grant awards as a result of any money obtained through a settlement or judgment by the attorney general on behalf of this state related to opioid litigation involving pharmaceutical supply chain participants.
Acts 2024, No. 320, §1.
A. The Legislature of Louisiana finds:
(1) Louisiana has a long tradition of constitutional provisions and legislation preserving the rights of descendants to inherit the immovable property of their ascendants in the first degree. For nearly two hundred years, state laws required a portion of the estate of residents to be inherited by the children of the deceased. In addition, Louisiana has sought to ensure the inviolability of the right of home ownership to citizens of the state through numerous state constitutions since 1864.
(2) Article XII, Section 9 of the Constitution of Louisiana, the substance of which dates back to the Louisiana Constitution of 1879, guarantees an exemption from seizure and sale of a homestead. The constitutionally recognized and statutorily implemented exemption, originally enacted in 1880, provides a fifteen thousand dollar homestead exemption from sale and seizure and provides a full exemption from sale and seizure for debts related to catastrophic illness or injury.
B. The state of Louisiana must establish an estate recovery program in compliance with Subchapter XIX of the Social Security Act, 42 U.S.C. 1396p, as amended.
C. Therefore, the legislature declares that a comprehensive plan should be developed to address the federal requirements for an estate recovery program while at the same time recognizing the state's long tradition of protecting the citizens' rights to home ownership and the state's interest in assuring the transfer of real property within family units.
D. The Louisiana Department of Health shall establish an estate recovery program for the purpose of recovering medical assistance payments made on behalf of individual recipients from the succession estates of those individuals. The department shall seek recovery of medical assistance payments for only those instances mandated by Subchapter XIX of the Social Security Act, 42 U.S.C. 1396p, as amended. For purposes of this Section, the claim of the department shall be considered a privilege on the succession estate, and shall have a priority equivalent to an expense of last illness as prescribed in Civil Code Article 3252 et seq.
E. The department shall not seek recovery against the estate of a deceased recipient of the amount of any benefits paid if the amount of the assistance to be recovered is economically inappropriate in relation to the expenses of the recovery. The department shall not institute estate recovery on the first fifteen thousand dollars or one-half the median value of the homestead in each parish whichever is higher.
F.(1) The estate recovery efforts of the department shall be in accordance with Subchapter XIX of the Social Security Act, 42 U.S.C. 1396p, as amended. The department shall not take any action to recover in the case of undue hardship.
(2) An undue hardship to any heir, as defined by rule, shall exist if an heir’s family income is three hundred percent or less of the applicable federal poverty guideline as published in the Federal Register by the United States Department of Health and Human Services.
(3) The department shall promulgate rules and regulations to implement the provisions of this Section.
G. Such rules and regulations shall be in accordance with Subchapter XIX of the Social Security Act, 42 U.S.C. 1396p, as amended. The department is hereby authorized to compromise, settle, or waive any recovery of medical assistance authorized by this Section upon good cause shown. The department's recovery from the succession estate may be reduced in consideration of reasonable and necessary expenses incurred by the recipient's heirs, subsequent to the recipient's admission to a long-term care facility, in order to maintain the homestead of the recipient, if the homestead is part of the succession estate.
H. To the extent that there is any conflict between the provision of this Section and the standards that are specified by the secretary of the United States Department of Health and Human Services, the federal standard shall prevail.
Acts 2003, No. 226, §1; Acts 2018, No. 206, §5.
The secretary is authorized to promulgate rules and regulations requiring any provider participating in the Mental Health Rehabilitation Program and providing mental health rehabilitation services to be accredited by an accreditation body. The rules shall be adopted in accordance with the Administrative Procedure Act.
Acts 2003, No. 246, §1.
Assistance may be granted, under rules and regulations of the department, to other persons who have physically resided in this state for at least three years during the nine years immediately preceding application, the last year of which shall be continuous. In severe hardship cases of former longtime residents of the state, the Louisiana Department of Health may waive two of the required years of state residence.
Amended by Acts 1960, No. 487, §1; Acts 1966, No. 352, §2; Acts 1978, No. 786, §6, eff. July 17, 1978.
The Louisiana Department of Health shall require proof of either physical or mental incapacity prior to certification of any applicant who applies for public assistance under the provisions of R.S. 46:153 or R.S. 46:154.
Amended by Acts 1978, No. 786, §6, eff. July 17, 1978.
A. Any person who is aged, blind, or has a disability, within the meaning of Subchapter XVI of Chapter Seven of the Social Security Act, as amended, who, for the month of December, 1973, was a recipient of old age assistance, disability assistance, or aid to the needy blind, and is a recipient of supplemental security income under Subchapter XVI of Chapter Seven of the Social Security Act, as amended, shall be entitled to receive a monthly supplementary payment in the amount described in Subsection B of this Section, such payment to terminate the month in which such individual dies or the first month such individual ceases to be eligible for supplemental security income under Subchapter XVI of Chapter Seven of the Social Security Act, as amended.
B. The supplementary payment referred to in Subsection A of this Section shall be in an amount equal to the amount by which the individual's December, 1973 income exceeds the amount of such individual's Subchapter XVI of Chapter Seven benefit plus other income for such month. For purposes of this Subsection, the terms "December, 1973 income" and "Subchapter XVI of Chapter Seven benefit plus other income" shall have the meaning given to those terms in Act of July 9, 1973, Public Law 93-66, Section 212(a)(3), 87 Stat. 152.
C. Any person who is aged, blind, or has a disability and who was receiving old age assistance, aid to the needy blind or disability assistance under the state plan in effect on December 31, 1973, who ceased to be eligible for such assistance on January 1, 1974, solely because of the enactment of Public Law 92-603, Public Law 93-66, or by other federal legislation pertaining to such public laws, shall be entitled to receive financial assistance under the conditions and in an amount no less than that set forth in the state plan in effect December 31, 1973.
D. The secretary of the Louisiana Department of Health shall have authority to promulgate rules and regulations and take such action as may be necessary to carry out the provisions of this Section, provided that such rules and regulations and action are consistent with and in conformity with the provisions of Public Law 93-66 entitled Mandatory Minimum State Supplementation of SSI Benefits Program.
Acts 1975, No. 739, §1. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 2014, No. 811, §24, eff. June 23, 2014; Acts 2018, No. 206, §5.
A. The bureau of health services financing of the Louisiana Department of Health shall make available to persons of this state who are eligible for Medicaid benefits under Title XIX of the Social Security Act, prosthetic dentures, upon certification by a dentist licensed under Louisiana law that the person is in need of prosthetic dentures, and upon certification of such need by the Louisiana Department of Health.
B. The secretary of the Louisiana Department of Health shall promulgate the necessary rules and regulations to implement the provisions of this Section. Such rules and regulations shall ensure that no charge for prosthetic dentures shall be approved for payment in excess of that normally received in private commercial relationships for the manufacture and fitting of such dentures, based on the nature and quality of dentures provided, the extent of professional services rendered, and the fees normally and customarily received in the area where the fitting occurred.
Added by Acts 1978, No. 168, §1. Amended by Acts 1979, No. 769, §7; Acts 2018, No. 206, §5.
The bureau of health services financing of the Louisiana Department of Health shall make available to persons who are eligible for Medicaid benefits under Title XIX of the Social Security Act, 42 U.S.C. 1396 et seq., inpatient hospital services, outpatient hospital services, prescribed drugs, and all other services incident to professional treatment provided by a licensed dentist when the treatment and service is otherwise authorized and included in the Louisiana state plan for medical and dental assistance when provided or prescribed by a physician or any other licensed practitioner of the healing arts, provided that the dental health care shall be within the scope of dental professional practice as defined by R.S. 37:751 et seq.
Acts 1984, No. 259, §1; Acts 2018, No. 206, §5.
The office of the secretary of the Louisiana Department of Health shall make available to persons who are eligible for Medicaid benefits under Title XIX of the Social Security Act, 42 U.S.C. 1396 et seq., inpatient hospital services, outpatient hospital services, prescribed drugs, and all other services incident to professional treatment provided by a licensed podiatrist when the treatment and service is otherwise authorized and included in the Louisiana state plan for medical assistance when provided or prescribed by a physician or any other licensed practitioner of the healing arts, provided that the podiatric health care shall be within the scope of podiatric professional practice as defined by R.S. 37:611 et seq.
Acts 1988, No. 788, §1; Acts 2018, No. 206, §5.
A. The Louisiana Department of Health shall develop and implement a pilot project for hospice care under the Medicaid State Plan for persons who are eligible for Medicaid benefits under Title XIX of the Social Security Act. Such pilot project shall use Medicaid funds and to the extent possible reduce the Medicaid costs to the state. Implementation of the pilot project shall be subject to approval by the secretary of the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services, for federal reimbursement and shall be subject to limitations of state appropriations and federal matching funds.
B. For the purposes of this Section, the definition of "hospice care" shall be the definition in 42 U.S.C. 1396d(o).
C. Coverage of hospice care under the pilot project shall be in accordance with 42 U.S.C. 1396d(o), the Medicare Hospice Program guidelines as set forth in 42 CFR Part 418, and Sections 4305-4308.2 of the federal Centers for Medicare and Medicaid Services' State Medicaid Manual. In the case of an individual who is eligible for Medicaid benefits under Title XIX of the Social Security Act, occupies a Medicaid-certified nursing facility bed, and elects to receive hospice care, an additional amount for room and board shall be paid to the hospice that shall not be less than one hundred percent of the per diem rate that would have been paid to the nursing facility under the Medicaid State Plan.
D. In order to participate in the pilot project, a hospice shall meet the Medicare conditions of participation for hospice as set forth in 42 CFR Part 418 and shall have a valid Medicaid provider agreement.
E. The secretary of the Louisiana Department of Health shall promulgate the necessary rules and regulations to implement the provisions of this Section in accordance with the Administrative Procedure Act. Such rules and regulations shall include provisions for the certification of the reasonableness and medical necessity of the hospice care.
F. The Louisiana Department of Health is authorized to consult with other states that include hospice care under their Medicaid State Plan for assistance in implementing the provisions of this Section.
Acts 2001, No. 756, §1, eff. June 25, 2001; Acts 2018, No. 206, §5.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2001, No. 1185, §8, eff. July 1, 2001.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2022, No. 252, §4.
§§181 to 190 Repealed by Acts 1968, No. 533, §7
This Act shall be designated and known as the "Utility Relief Act for the Needy."
Acts 1980, No. 712, §1.
As used in this Subpart, the following words and phrases shall have the meanings herein ascribed to each, unless the context clearly indicates otherwise:
(1) "Residential consumer" means an individual or family eligible for utility relief under the provisions of Title III of P.L. 96-223, the "Home Energy Assistance Act of 1980."1
(2) "Utility" means any publicly owned, investor-owned, cooperative or municipally controlled company, corporation, partnership, business, system, or person which supplies gas or electricity or both to residential consumers in Louisiana.
Acts 1980, No. 712, §1.
142 U.S.C.A. §8601 et seq.
Each residential consumer shall receive utility relief in accordance with the provisions of Title III of P.L. 96-223, the "Home Energy Assistance Act of 1980."1 The secretary of the department responsible for implementation of Title III of P.L. 96-223, as designated by the governor, shall have authority to promulgate rules and regulations and take such actions as may be necessary to implement the provisions of this Section.
Acts 1980, No. 712, §1.
142 U.S.C.A. §8601 et seq.
Each individual or family who is a residential consumer as herein defined shall be eligible to receive the utility relief.
Acts 1980, No. 712, §1.
A. It is the intent of the legislature that families in Louisiana be strong and economically self-reliant so as to minimize their dependence on government benefits for basic needs. To accomplish this goal, it is the intent of this Part that the Department of Children and Family Services ensures that all cash assistance recipients, with the exception of persons with disabilities or who are incapacitated, are actively and universally engaged in meaningful activities designed to enable their transition from cash assistance to self-reliance. It is the further intent that cash assistance participants demonstrate and are expected to exercise active and diligent personal responsibility in achieving self-reliance through employment and increased workplace literacy. All appropriate state agencies responsible for employment, training, and educating Louisiana's citizens are expected to cooperate in the pursuit of this goal.
B. The Department of Children and Family Services shall submit written reports on the status of implementation of these provisions to the Performance Review Subcommittee of the Joint Legislative Committee on the Budget in March, 2004 and September, 2004, and thereafter, annually at the same time as the mid-year performance progress report is submitted as provided in R.S. 39:87.3(A)(2). Such written reports shall include but not be limited to data providing performance measures assessing the success of performance-based agreements, job readiness, workplace literacy, job development services, and such additional data as may be determined by the committee.
C. The Louisiana Workforce Commission shall work with the department to enhance program effectiveness of ongoing services on a continual basis.
NOTE: §230.1 as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
§230.1. Legislative intent
A. It is the intent of the legislature that families in Louisiana be strong and economically self-reliant so as to minimize their dependence on government benefits for basic needs. To accomplish this goal, it is the intent of this Part that Louisiana Works ensures that all cash assistance recipients, with the exception of persons with disabilities or who are incapacitated, are actively and universally engaged in meaningful activities designed to enable their transition from cash assistance to self-reliance. It is the further intent that cash assistance participants demonstrate and are expected to exercise active and diligent personal responsibility in achieving self-reliance through employment and increased workplace literacy. All appropriate state agencies responsible for employment, training, and educating Louisiana's citizens are expected to cooperate in the pursuit of this goal.
B. Louisiana Works shall submit written reports on the status of implementation of these provisions to the Performance Review Subcommittee of the Joint Legislative Committee on the Budget in March, 2004 and September, 2004, and thereafter, annually at the same time as the mid-year performance progress report is submitted as provided in R.S. 39:87.3(A)(2). Such written reports shall include but not be limited to data providing performance measures assessing the success of performance-based agreements, job readiness, workplace literacy, job development services, and such additional data as may be determined by the committee.
C. Repealed by Acts 2025, No. 478, §17, eff. Oct. 1, 2027.
Acts 2003, No. 58, §1; Acts 2004, No. 110, §1; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2013, No. 285, §1, eff. June 14, 2013; Acts 2014, No. 811, §24, eff. June 23, 2014; Acts 2025, No. 478, §§13, 17, eff. Oct. 1, 2027.
As used in this Subpart, unless the context clearly requires otherwise:
(1) "Adult paraphernalia store" means an establishment that has as a substantial or significant portion of its stock clothing, objects, tools, toys, or any other items distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement.
(2)(a) "Amusement attraction" means a movie theater, video arcade, or any other building, structure, or place principally devoted to activities providing amusement, pleasure, thrills, or excitement.
(b) "Amusement attraction" does not include any enterprise principally devoted to the exhibition of products of agriculture, industry, education, including zoos and aquariums, science, religion, sports, or the arts.
(3) "Amusement ride" means any mechanized device or combination of devices which carries passengers along, around, or over a fixed or restricted course for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. "Amusement ride" includes inflatables.
(4) "Applicant" means a parent or relative of the parent who applies for FITAP on behalf of a child.
(5) "Automated teller machine" means an electronic hardware device that is capable of dispensing currency and responding to balance inquiries through the use of a magnetic stripe card issued by or on behalf of the state for distribution of assistance through an electronic benefits transfer system as described in this Subpart.
(6) "Bail" means security given by a person to assure his appearance, or the appearance of a third party, before the proper court whenever required.
(7) "Bar" means a business that holds a Class A-General retail permit and the primary purpose of such business is to serve alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages. Bars include, without limitation, taverns, saloons, nightclubs, cocktail lounges, and cabarets.
(8) "Cash assistance" means funds that the department provides through the Family Independence Temporary Assistance Program and the Kinship Care Subsidy Program to eligible beneficiaries for the purpose of assisting those persons in meeting ongoing basic needs.
(9) "Commercial body art facility" means any location, place, area, or business, whether permanent or temporary, that provides consumers access to personal services workers who for remuneration perform any of the following procedures:
(a) Tattooing or inserting pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, to produce an indelible mark or figure visible under the skin.
(b) Body piercing or the creation of an opening in the body of a human being for the purpose of inserting jewelry or other decoration. For purposes of this Subpart, "body piercing" does not include piercing an ear with a disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear.
(c) Application of permanent cosmetics or pigments under the skin of a human being for the purpose of permanently changing the color or other appearance of the skin, including but not limited to permanent eyeliner, eye shadow, or lip color.
(10) "Cruise ship" means any commercial ship used for the domestic or international carriage of passengers.
NOTE: Paragraph (11) eff. until Oct. 1, 2027. See Acts 2025, No. 478.
(11) "Department" means the Department of Children and Family Services.
NOTE: Paragraph (11) as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
(11) "Department" means Louisiana Works.
(12) "Dependent child", in accordance with federal law and regulations relative to the TANF program, shall mean a needy child who meets all of the following criteria:
(a) A needy child under the age of eighteen or needy child under the age of nineteen who is a full-time student in a secondary school, or in the equivalent level of vocational or technical training, who may reasonably be expected to complete the program of such secondary school or training before attaining the age of nineteen.
(b) The child is living with his father, mother, stepfather, stepmother, or other relative, within the fifth degree, in a place of residence maintained by one or more of such relatives as his or their own home. For the purposes of this Subpart, all such persons shall be deemed as relatives, whether their relationship to the dependent child was acquired by adoption, marriage, or birth, and neither divorce nor death shall terminate such relationship.
(13) "Electronic benefits transfer transaction" and "EBT transaction" mean the use of a credit or debit card service, automated teller machine, point-of-sale terminal, or access to an online system for the withdrawal of funds.
(14) "Family Independence Temporary Assistance Program" or "FITAP" means the cash assistance program.
(15) "Family Success Agreement" means the mutually developed contract between a FITAP recipient, on behalf of their family, and the department that sets forth mutual and time-bound responsibilities, expectations, activities, and goals designed to transition a participant from welfare to self-sufficiency.
(16) "Federal Welfare Reform Act" means the federal Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, Public Law 104-193, and applicable changes due to its reauthorization.
(17)(a) "Gaming establishment" means a gambling casino and any other establishment which provides gaming activities that are subject to regulation by the Louisiana Gaming Control Board.
(b) "Gaming establishment" does not include either of the following:
(i) A grocery store that sells groceries including staple foods and that also offers, or is located within the same building or complex as, casino activities, gambling, or gaming activities.
(ii) Any establishment that offers casino, gambling, or gaming activities that are incidental to the principal purpose of the business.
(18) "Jewelry" means an object or thing consisting of precious stones or precious metals worn as adornment or apparel, including costume jewelry.
(19)(a) "Liquor store" means any retail establishment that sells exclusively or primarily intoxicating liquor.
(b) "Liquor store" does not include a grocery store that sells both intoxicating liquor and groceries, including staple foods.
(20) "Nail salon" means a commercial establishment that provides nail services of any kind including but not limited to trimming, filing, decorating, shaping, sculpting, or in any way caring for the nails and skin of a person's hands or feet together with massaging the hands, arms, legs, and feet.
(21) "Point-of-sale terminal" means an electronic hardware device that meets all of the following criteria:
(a) May be utilized at a retailer's place of business where consumers pay for goods or services.
(b) Is capable of the following:
(i) Initiating a request for authorization of a purchase of tangible personal property.
(ii) Disbursing currency from an account.
(iii) Initiating a balance inquiry for an account.
(iv) Distributing assistance through an electronic benefits transfer system as described in this Subpart.
(22) "Psychic" means any person or establishment engaged in the occupation of occult science including a fortune teller, palmist, astrologist, numerologist, clairvoyant, craniologist, phrenologist, card reader, spiritual reader, tea leaf reader, prophet, or advisor who in any manner claims or pretends to tell fortunes or claims or pretends to disclose mental faculties of individuals for any form of compensation.
(23) "Recipient" or "FITAP recipient" means the parent or a relative of the parent who receives FITAP on behalf of a dependent child.
NOTE: Paragraph (24) eff. until Oct. 1, 2027. See Acts 2025, No. 478.
(24) "Secretary" means the secretary of the Department of Children and Family Services.
NOTE: Paragraph (24) as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
(24) "Secretary" means the secretary of Louisiana Works.
(25) "Sexually oriented business" means any commercial enterprise that has as its primary business the offering of a service or the sale, rent, or exhibit of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.
(26) "State plan" means the state TANF block grant plan.
(27) "Strategies to Empower People" or "STEP" means the education, employment, training and related services program for families receiving cash assistance payments.
(28) "Temporary Assistance to Needy Families" or "TANF" means the federal block grant program established under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, and applicable changes due to its reauthorization.
(29) "Work-eligible" refers to families containing an adult under sixty years of age, or teen head of household, that is not disabled, incapacitated, or caring for a family member who is disabled or incapacitated as documented by a medical expert to which the status of disability is clearly established and explained. "Work-eligible" also excludes cases in which only the child portion of need that is unrelated to a sanction or penalty, known as a child-only case, is considered in determining eligibility.
Amended by Acts 1958, No. 405, §1; Acts 1960, No. 251, §1; Acts 1965, No. 18, §1; Acts 1966, No. 132, §1; Acts 1973, No. 175, §1; Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1981, Ex.Sess., No. 30, §1, eff. Nov. 19, 1981; Acts 1997, No. 1155, §1, eff. July 1, 1997; Acts 2003, No. 58, §1; Acts 2004, No. 110, §1; Acts 2005, No. 428, §3, eff. July 1, 2005; Acts 2013, No. 285, §§1, 2, eff. June 14, 2013; Acts 2014, No. 842, §1, eff. June 23, 2014; Acts 2025, No. 478, §13, eff. Oct. 1, 2027.
A. The state public assistance program shall consist of a cash assistance program, the Family Independence Temporary Assistance Program and an education, employment, training, and related services program for work-eligible families, STEP, and TANF-funded initiatives.
B. The state public assistance programs funded with federal TANF funds shall include all the requirements and prohibitions of PRWORA, and applicable changes due to its reauthorization.
Acts 1997, No. 1155, §1, eff. July 1, 1997; Acts 2003, No. 58, §1.
A.(1) The department shall develop and administer a temporary assistance program to be known as the "Family Independence Temporary Assistance Program" (FITAP) which shall provide money payments to the following:
(a) On behalf of a dependent child.
(b) On behalf of a pregnant woman, if medically verified that the woman is in the sixth month of pregnancy and if the unborn child would be eligible for family independence temporary assistance, had the child been born and living with her during the month of payment.
(2) FITAP assistance shall include money payments to meet the needs of a dependent child, including payments to meet the needs of the father, mother, stepfather, stepmother, or other relative, the relative's spouse with whom such child is living, and the needs of any other individual living in the same home if such needs are taken into account in making the determination of eligibility.
B. Notwithstanding the provisions of Subsection A of this Section, FITAP assistance shall not mean:
(1) Any amount paid to meet the needs of an unborn child.
(2) Any amount paid to or an increase in payment on behalf of a woman who has not medically verified that she is in the sixth month of pregnancy.
C. The secretary shall promulgate rules and regulations defining countable and exempt income and resources and establishing additional eligibility criteria.
D. Nothing in this Subpart shall be construed as authorizing any state official, agent, or representative in carrying out any of the provisions of this Subpart to take charge of any child over the objection of either of the parents of the child, or over the objections of the tutor or other persons having the legal care, custody and control of the child.
Acts 1997, No. 1155, §1, eff. July 1, 1997; Acts 2013, No. 285, §1, eff. June 14, 2013; Acts 2018, No. 206, §5.
A. A person who receives FITAP benefits shall not use such benefits in an electronic benefits transfer transaction in any of the following places:
(1) A liquor store.
(2) A gaming establishment.
(3) A retail establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment purposes.
(4) An adult bookstore.
(5) An adult paraphernalia store.
(6) A sexually oriented business.
(7) A commercial body art facility.
(8) A nail salon.
(9) A jewelry store.
(10) An amusement ride.
(11) An amusement attraction.
(12) A bail bonds company.
(13) A bar.
(14) A cruise ship.
(15) A psychic business.
(16) An establishment where persons under eighteen years of age are not permitted to enter.
B. A person who receives FITAP benefits shall not use such benefits in any electronic benefits transfer transaction at a retailer for the purchase of any of the following:
(1) An alcoholic beverage as defined in R.S. 14:93.10.
(2) A tobacco product as defined in R.S. 14:91.6(B).
(3) A ticket for a lottery as defined in R.S. 47:9002.
(4) Jewelry as defined in R.S. 46:231.
C. The FITAP case of any recipient who violates the provisions of this Section shall be closed in accordance with the following schedule:
(1) Case closure for a period of twelve months for the first violation.
(2) Case closure for a period of twenty-four months for the second violation.
(3) Permanent case closure for the third violation.
D. A person whose FITAP case is closed pursuant to the provisions of this Section shall have the right to a hearing conducted in accordance with the Administrative Procedure Act.
Acts 2014, No. 842, §1, eff. June 23, 2014.
NOTE: Subsection A eff. until Oct. 1, 2027. See Acts 2025, No. 478.
A. The secretary of the Department of Children and Family Services and the secretary of the Louisiana Department of Health shall require each recipient of public assistance of the programs described herein or his parent or guardian to present to the appropriate local agency issuing the public assistance sufficient evidence of immunity or immunization against vaccine-preventable diseases according to a schedule promulgated by rule by the office of public health of the Louisiana Department of Health. Sufficient evidence that such an immunization program is in progress may be substituted for proof of immunity or immunization.
NOTE: Subsection A as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
A. The secretary of Louisiana Works and the secretary of the Louisiana Department of Health shall require each recipient or customer of public assistance of the programs described herein or his parent or guardian to present to the appropriate local agency issuing the public assistance sufficient evidence of immunity or immunization against vaccine-preventable diseases according to a schedule promulgated by rule by the office of public health of the Louisiana Department of Health. Sufficient evidence that such an immunization program is in progress may be substituted for proof of immunity or immunization.
B. Except as provided herein, failure to comply with the provisions of Subsection A of this Section within a reasonable period of time, as defined by rule, after written notification of the requirements of this Section shall result in the suspension of public assistance until compliance is demonstrated.
C. No person shall be required to comply with the provisions of this Section if that person or his parent or guardian submits a written statement from a physician stating that the immunization procedure is contraindicated for medical reasons or if the person or his parent or guardian objects to the procedure on religious grounds.
NOTE: Subsection D eff. until Oct. 1, 2027. See Acts 2025, No. 478.
D. The Department of Children and Family Services and the Louisiana Department of Health shall promulgate rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Section for programs under the particular department's jurisdiction. The office of public health shall develop and promulgate by rule the immunization schedule required herein.
NOTE: Subsection D as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
D. Louisiana Works and the Louisiana Department of Health shall promulgate rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Section for programs under the particular department's jurisdiction. The office of public health shall develop and promulgate by rule the immunization schedule required herein.
E. The Louisiana Department of Health shall apply for any federal waiver necessary to ensure full federal participation in the implementation of this Section and shall submit a written report to the Senate and House committees on health and welfare at the time the waiver is either approved or denied. Failure to receive waiver approval for any one or more of the public assistance programs shall not preclude the implementation of this Section for the remaining programs, upon waiver approval, if needed.
F.(1) The following public assistance programs shall be subject to the provisions of this Section:
(a) Family Independence Temporary Assistance Program (FITAP).
(b) Public assistance with the cost of medical care under the medical assistance program (Medicaid).
(2) For purposes of this Section, "recipient" means a recipient of public assistance who is under eighteen years of age and all of a recipient's dependents who are under eighteen years of age.
Acts 1997, No. 1155, §1, eff. July 1, 1997; Acts 2018, No. 206, §5; Acts 2025, No. 478, §13, eff. Oct. 1, 2027.
A. The secretary shall establish a program to provide parenting skills education for public assistance recipients who are pregnant or have a child under age one and shall require participation as a primary work activity under a Family Success Agreement. Parents with children under age one are not considered exempt for participation in this work activity. Participants who fail to participate in these activities shall be subject to sanction for non-participation and shall be considered to be out of compliance with a Family Success Agreement. Applicable child care and transportation shall be provided to participants to enable their participation.
B. The secretary of the department shall adopt rules and regulations for the administration of the program established under this Section.
Acts 1997, No. 1155, §1, eff. July 1, 1997; Acts 2003, No. 58, §1.
A. A family shall be ineligible for FITAP benefits, including automatic eligibility for medical assistance under Title XIX of the Social Security Act (Medicaid), if any one of the following applies:
(1) The parent has received FITAP for at least twenty-four months, whether consecutive or not, out of the previous sixty months after January 1, 1997.
(2) A work-eligible parent has declined or refused the opportunity for full-time employment as specified in the participant's Family Success Agreement or has not complied with required work activities as specified in the participant's Family Success Agreement.
B. The provisions of this Section shall not apply to an individual who is incapacitated or has a disability as documented or to such an individual in the recipient's household.
C. The secretary of the department may promulgate rules and regulations which establish exceptions to the time limitations provided in this Section to the extent that funds are available for this purpose; however, any such exception shall be contingent upon the recipient maintaining compliance with the STEP Family Success Agreement pursuant to R.S. 46:231.12.
D, E. Repealed by Acts 2013, No. 285, §2, eff. June 14, 2013.
Acts 1997, No. 1155, §1, eff. July 1, 1997; Acts 2003, No. 58, §1; Acts 2004, No. 110, §1; Acts 2004, No. 675, §1; Acts 2013, No. 285, §§1, 2, eff. June 14, 2013; Acts 2014, No. 811, §24, eff. June 23, 2014.
Repealed by Acts 2013, No. 285, §2, eff. June 14, 2013.
Repealed by Acts 2013, No. 285, §2, eff. June 14, 2013.
Repealed by Acts 2013, No. 285, §2, eff. June 14, 2013.
Repealed by Acts 2013, No. 285, §2, eff. June 14, 2013.
Repealed by Acts 2013, No. 285, §2, eff. June 14, 2013.
A.(1) The department shall develop and implement STEP as the employment program for work-eligible recipients of cash assistance in accordance with the provisions of the Federal Welfare Reform Act. Louisiana Works may collaborate with the department to identify and coordinate employment services for the program.
(2) The employment services provided for in this Subsection may be delivered pursuant to performance-based contracts between the department and Louisiana Works, other government agencies, or any community partner. The services may include but shall not be limited to the following:
(a) Job readiness, job preparation, and job search.
(b) Workplace literacy and related assessments.
(c) Applicable skill-based training, employer-based training, and other employment activities designed to meet the needs of Louisiana employers with a preference towards demand occupations.
(d) Temporary and permanent job placements.
(e) Subsidized employment services.
(f) On-the-job training.
B. In order to receive cash assistance, an applicant who is work-eligible as defined in R.S. 46:231 shall fulfill each requirement set forth in his Family Success Agreement and shall participate in the employment program provided for in Subsection A of this Section.
C. Prior to receipt of cash assistance, a work-eligible participant shall be notified in writing of program expectations and participant responsibilities. When possible, notification may be delivered via e-mail or other electronic means, and notification delivered in this manner shall be deemed to satisfy the written notification requirement established in this Subsection.
D. Within the limits of appropriation therefor, the secretary shall establish and administer STEP, which shall include the allowable work activities as provided in the Federal Welfare Reform Act, for work-eligible recipients of FITAP.
E. Subject to appropriation, the department may provide support services and transitional services to facilitate progress by FITAP recipients toward self-sufficiency and sustainable employment.
F. The secretary shall promulgate in accordance with the Administrative Procedure Act any rules necessary to implement the provisions of this Section.
G. Repealed by Acts 2021, No. 209, §2, eff. June 11, 2021.
Acts 2013, No. 285, §1, eff. June 14, 2013; Acts 2021, No. 209, §§1, 2, eff. June 11, 2021.
Retailers participating in the cash assistance electronic benefits transfer system are not prohibited from charging or assessing a fee against cash assistance recipients who are accessing benefits for the sole purpose of obtaining cash. Such fee shall not exceed the retailer's normal and customary check cashing fee assessed against the general public. Retailers shall not establish maximum limits for recipient access to cash assistance benefits.
Acts 1997, No. 1155, §1, eff. July 1, 1997.
A. No retailer or other business establishment that participates in the cash assistance electronic benefits transfer system shall accept the electronic benefits transfer card in payment for any of the following:
(1) An alcoholic beverage as defined in R.S. 14:93.10.
(2) A tobacco product as defined in R.S. 14:91.6(B).
(3) A ticket for a lottery as defined in R.S. 47:9002.
(4) Jewelry as defined in R.S. 46:231.
B. The following retailers and business establishments are prohibited from conducting any electronic benefits transfer transaction:
(1) A liquor store.
(2) A gaming establishment.
(3) A retail establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment purposes.
(4) An adult bookstore.
(5) An adult paraphernalia store.
(6) A sexually oriented business.
(7) A commercial body art facility.
(8) A nail salon.
(9) A jewelry store.
(10) An amusement ride.
(11) An amusement attraction.
(12) A bail bonds company.
(13) A bar.
(14) A cruise ship.
(15) A psychic business.
(16) An establishment where persons under eighteen years of age are not permitted to enter.
C.(1) Except as provided in Paragraph (2) of this Subsection, on or before April 1, 2015, each business of any type described in Subsection B of this Section that has an automated teller machine or point-of-sale terminal on its premises shall disable access to electronic cash assistance benefits through such machine or terminal.
(2) The provisions of Paragraph (1) of this Subsection shall not apply to any business approved by the Food and Nutrition Service of the United States Department of Agriculture as a retailer in the Supplemental Nutrition Assistance Program of this state.
D. A retailer or other business establishment that violates any provision of Subsection A or B of this Section shall be subject to the following civil fines:
(1) Five hundred dollars for the first violation.
(2) One thousand dollars for the second violation.
(3) Two thousand five hundred dollars for the third violation and each violation thereafter.
E.(1) The department shall promulgate rules and regulations in accordance with the Administrative Procedure Act to effectuate the provisions of this Section. The rules and regulations shall provide, at minimum, for notice to a retailer or other business establishment of any violation, and for an appeal procedure including judicial review.
(2) The appeal provided for in this Subsection shall be suspensive. Each appeal initiated pursuant to this Subsection shall be heard by the division of administrative law in accordance with the applicable provisions of Chapter 13-B of Title 49 of the Louisiana Revised Statutes of 1950.
(3) The division of administrative law shall furnish to the department and retailer or other business establishment a copy of the decision rendered in the appeal and written notice of the manner for requesting judicial review.
(4) Authority to impose the fines provided for in Subsection D of this Section shall commence on April 1, 2015.
F. The department may institute any civil court action necessary to collect fines imposed pursuant to this Section and not timely appealed. Interest shall begin to accrue at the current judicial rate on the day following the date on which any fines become due and payable. All costs of any successful action to collect such fines, including travel expenses and reasonable attorney fees, shall be awarded to the department in addition to the fines.
G.(1) Civil fines collected pursuant to the provisions of this Section shall be deposited immediately into the state treasury.
(2) After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, and prior to the monies being placed in the state general fund, an amount equal to the amount deposited as provided in Paragraph (1) of this Subsection shall be credited to the Fraud Detection Fund created by R.S. 46:114.4.
NOTE: Paragraph (G)(3) eff. until Oct. 1, 2027. See Acts 2025, No. 478.
(3) Monies in the Fraud Detection Fund may be appropriated by the legislature to the office of children and family services of the department in the manner prescribed by and for the purposes specified in R.S. 46:114.4(D).
NOTE: Paragraph (G)(3) as repealed by Acts 2025, No. 478, eff. Oct. 1, 2027.
(3) Repealed by Acts 2025, No. 478, §17, eff. Oct. 1, 2027.
Acts 2014, No. 842, §1, eff. June 23, 2014; Acts 2025, No. 478, §17, eff. Oct. 1, 2027.
A. If any person has knowledge that any dependent child is dependent upon the public for support, or that the interest of the public requires that the child be granted aid, the person may bring the fact to the notice of the parish office of the Department of Children and Family Services of the parish in which the child resides, which department shall make an investigation and examination of the circumstances of the child before the granting of aid.
B. A report of the investigation, examination, and visit shall be made in writing and become a part of the record in the case.
Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 2018, No. 206, §5.
Repealed by Acts 1974, No. 583, §2
Assistance shall be granted to or on behalf of any child found to be in necessitous circumstances as defined by regulations for eligibility of the state agency responsible for administering the assistance program.
Amended by Acts 1950, No. 165, §1; Acts 1952, No. 67, §1; Acts 1954, No. 474, 1; Acts 1959, No. 42, §1; Acts 1960, No. 251, §1; Acts 1960, No. 306, §1; Acts 1960, No. 487, §1; Acts 1962, No. 28, §1; Acts 1964, No. 367; Acts 1966, No. 531, §1; Acts 1967, No. 121, §2; Acts 1974, No. 583, §§1, 2.
NOTE: Subsections A and B eff. until Oct. 1, 2027. See Acts 2025, No. 477.
A. The department shall establish procedures to accomplish the requirements of this Section in accordance with the Louisiana Administrative Procedure Act.
B. The department will promptly take all necessary steps to correct any overpayment, including collection, or underpayment of assistance under the state public assistance program, and, in the case of:
(1) An overpayment to or on behalf of an individual who is a current recipient of such assistance, including a current recipient whose overpayment occurred during a prior period of eligibility, recovery shall be made by repayment by the individual or by reducing the amount of any future assistance payable to or on behalf of the family of which he is a member.
(2) An overpayment to or on behalf of any individual who is no longer receiving assistance, recovery may be made by appropriate action against the income or resources of the individual or the family.
NOTE: Subsections A and B as repealed by Acts 2025, No. 477, eff. Oct. 1, 2027.
A-B. Repealed by Acts 2025, No. 477, §18, eff. Oct. 1, 2027.
NOTE: Subsection (C)(intro. para.) eff. until Oct. 1, 2027. See Acts 2025, No. 477.
C. The department shall promptly take all necessary steps to correct any overpayment, including collection, or underpayment of child support to individuals to whom the department is providing services pursuant to R.S. 46:236.1.1 et seq., and, in the case of:
NOTE: Subsection (C)(intro. para.) as amended by Acts 2025, No. 477, eff. Oct. 1, 2027.
C. The Department of Children and Family Services shall promptly take all necessary steps to correct any overpayment, including collection, or underpayment of child support to individuals to whom the department is providing services pursuant to R.S. 46:236.1.1 et seq., and, in the case of:
(1) An overpayment to an individual who is currently receiving services, including any individual whose overpayment occurred during a prior period of services, recovery shall be made by repayment by the individual or by reducing the amount of any future child support payable to the family of which he is a member.
(2) An overpayment to any individual who is no longer receiving services, recovery may be made by appropriate action against the income or resources of the individual or the family.
NOTE: Subsection (D)(intro. para.) eff. until Oct. 1, 2027. See Acts 2025, No. 477.
D. The department will promptly take all necessary steps to correct any overpayment, including collection, or underpayment of child care assistance provided under the Child Care and Development Block Grant and in the case of:
NOTE: Subsection (D)(intro. para.) as amended by Acts 2025, No. 477, eff. Oct. 1, 2027.
D. The Department of Education will promptly take all necessary steps to correct any overpayment, including collection, or underpayment of child care assistance provided under the Child Care and Development Block Grant and in the case of:
(1) An overpayment to or on behalf of an individual who is a current recipient of child care assistance, including a current recipient whose overpayment occurred during a prior period of eligibility, recovery will be made by repayment by the individual or provider who is at fault or by reducing the amount of any future child care assistance payable to or on behalf of the family of which the recipient at fault is a member or on behalf of the provider at fault.
(2) An overpayment to or on behalf of any individual who is no longer receiving child care assistance, recovery may be made by appropriate action against the income or resources of the individual at fault or his or her family, or if the provider of services is at fault, against the provider of services.
Acts 1997, No. 1155, §1, eff. July 1, 1997; Acts 2025, No. 477, §§15, 18, eff. Oct. 1, 2027.
Repealed by Acts 2017, No. 265, §2, eff. Oct. 1, 2017.
As authorized by 21 U.S.C. 862a(d)(1), this state hereby exempts all individuals domiciled in the state from the application of the prohibition provided in 21 U.S.C. 862a(a) on eligibility for the following assistance programs and benefits:
(1) Cash benefits under any state program funded under Part A of Title IV of the Social Security Act.
(2) Benefits under the Supplemental Nutrition Assistance Program as defined in Section 3 of the Food and Nutrition Act of 2008 or any state program carried out under that Act.
Acts 2017, No. 265, §1, eff. Oct. 1, 2017.
A. Except as prohibited by federal law, a state agency or political subdivision shall verify that each applicant who applies for federal, state, or local public benefit is a person who has been recognized as a citizen of the United States by birthright, naturalization, or any other method provided for under applicable federal law or has satisfactory immigration status as a qualified alien as defined in 8 U.S.C. 1641(b).
B. For an applicant claiming United States citizenship or satisfactory immigration status under 8 U.S.C. 1641(b), the state agency or political subdivision shall make every reasonable effort to ascertain verification of the applicant's citizenship or immigration status.
C. Upon the termination of any reasonable opportunity period to verify citizenship status or receipt of a final verification that indicates that the applicant is not a United States citizen or lacks satisfactory immigration status and has entered the United States without inspection or admission or remained beyond the expiration of his authorized period of stay, the state agency or political subdivision shall:
(1) Refer the applicant's information, including unsatisfactory immigration status, to United States Immigration and Customs Enforcement.
(2) Provide a monthly report compiling the information pursuant to Paragraph (1) of this Subsection to the secretary of state for voter list maintenance purposes.
(3) Terminate any recurring federal, state, or local public benefits as defined in Subsection E of this Section.
D. A state agency or political subdivision that administers federal or state public benefits shall report at the end of each fiscal year to the president of the Senate, speaker of the House of Representatives, governor, and David R. Poynter Legislative Research Library on the results of the citizenship verification requirements of this Section. The report shall include but not be limited to the number of individuals reported to United States Immigration and Customs Enforcement and the number of individuals who had public assistance terminated in accordance with this Section.
E. For the purposes of this Section, a federal, state, or local public benefit shall include any retirement, welfare, health, disability, public or assisted housing, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of the United States, this state, or a political subdivision of this state or by appropriated funds of the United States, this state, or a political subdivision of this state.
F. For purposes of any benefits paid by any public pension or retirement system, fund, or plan, the verification of a public employee's United States citizenship or satisfactory immigration status at the time of their enrollment in a public pension or retirement system, fund, or plan shall satisfy the verification requirements of Subsection A of this Section.
Acts 2025, No. 351, §1.
In lieu of selecting a payee to receive assistance, the department, pursuant to federal regulations, may require the referral of the case to the district court for a judicially appointed curator. The court is authorized to appoint a capable, interested, and willing third person, irrespective of whether he is related to the child within any of the degrees of relationship set forth in Section 406(a) of Title IV of the Social Security Act, to receive the payments and use them in the best interest of the child. The curator shall be accountable at whatever intervals are specified by the court and the court shall require a bond or whatever other security is deemed necessary by the court to ensure the faithful performance of the curator's duties. The curator, upon being appointed, shall take the oath and letters of authority may be issued to him. In those instances in which the department requires the case be referred to the court for the appointment of a curator, each local governing authority shall have the option in any case to provide compensation to the curator.
Acts 1962, No. 28, §2. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 2018, No. 206, §5; Acts 2025, No. 478, §12, eff. Oct. 1, 2025.
Assistance checks representing bonus amounts paid pursuant to 42 U.S.C. 657 and such checks representing refunds paid pursuant to 42 U.S.C. 657 in those cases in which the payee of such checks cannot be found, shall revert to the state and federal treasuries in proportion to the rate of state-federal match applicable to the assistance program. Such amounts will revert to the government only after sixty days have elapsed since the date such checks became invalid and a diligent search by the agency administering the assistance program has failed to ascertain the whereabouts of the payee.
Added by Acts 1978, No. 553, §1, eff. July 12, 1978; Acts 2018, No. 206, §5.
All assistance payments for aid for dependent children shall be mailed so as to reasonably assure that they will be received on the date due. If the due date falls on a weekend or a holiday, then the assistance payment shall be mailed so as to reasonably assure its receipt on the last regular banking date immediately preceding the due date.
Added by Acts 1981, No. 571, §1.
No state funds appropriated for public assistance shall be distributed or paid out in violation of the above provisions.
Acts 1962, No. 28, §3.
In order to extend and improve services, aid, and care to needy children and needy families with children in this state, and in order to take full advantage of existing federally funded programs on a matched basis, the Department of Children and Family Services shall be the agency of the state of Louisiana to cooperate with the United States and to administer Title IV-A, Sections 403 and 406 of the Social Security Act (42 U.S.C. 603 and 606) or any amendments thereto, relating to emergency assistance to needy families with children, and to receive and expend federal moneys for these services.
NOTE: §236 as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
§236. Administration of emergency assistance to needy families with children
In order to extend and improve services, aid, and care to needy children and needy families with children in this state, and in order to take full advantage of existing federally funded programs on a matched basis, Louisiana Works shall be the agency of the state of Louisiana to cooperate with the United States and to administer Title IV-A, Sections 403 and 406 of the Social Security Act, 42 U.S.C. 603 and 606, or any amendments thereto, relating to emergency assistance to needy families with children, and to receive and expend federal moneys for these services.
Added by Acts 1974, No. 655, §1. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 2018, No. 206, §5; Acts 2025, No. 478, §13, eff. Oct. 1, 2027.
Redesignated as R.S. 46:301 by Acts 2014, No. 533, §2(B) and Acts 2014, No. 622, §2(B), eff. Aug. 1, 2014.
For the purposes of this Subpart, the following items shall mean:
(1) "Accessible", for the purposes of health insurance, means health insurance that provides primary care services within fifty miles of the residence of the child subject to the child support order.
(2) "Cash medical support" means an amount ordered to be paid toward the cost of health insurance provided by a public entity, another parent, or person with whom the child resides, through employment or otherwise, or for other medical costs not covered by insurance.
NOTE: Paragraph (3) eff. until Oct. 1, 2027. See Acts 2025, No. 477.
(3) "CSE administrator" means the program executive director of the child support enforcement section, division of family support, office of children and family services, Department of Children and Family Services.
NOTE: Paragraph (3) as amended by Acts 2025, No. 477, eff. Oct. 1, 2027.
(3) "CSE administrator" means the assistant secretary of the office of child support, Department of Children and Family Services.
(4) "Delinquent of an amount equal to one month's support" means that an obligor becomes delinquent of an amount equal to one month's support obligation on the day after a payment is due and the total amount owed equals or exceeds one month's support obligation. A delinquency includes any judgment awarding retroactive support in accordance with R.S. 9:315.21 and 399.
(5) "Department" means the Department of Children and Family Services.
(6) "Financial institutions" means the following:
(a) A depository institution, as defined in Section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)).
(b) An institution-affiliated party, as defined in Section 3(u) of the Federal Deposit Insurance Act (12 U.S.C. 1813(u)).
(c) Any federal credit union or state credit union, as defined in Section 101 of the Federal Credit Union Act (12 U.S.C. 1752), including an institution-affiliated party of such a credit union, as defined in Section 206(r) of the Federal Credit Union Act (12 U.S.C. 1786(r)).
(d) Any benefit association, insurance company, safe deposit company, money-market mutual fund, or similar entity authorized to do business in this state.
(7) "Financial record", the meaning given such term in Section 1101 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401).
(8) "FITAP" means Family Independence Temporary Assistance Program.
(9) "Health insurance" means insurance covering medical expenses resulting from sickness or injury.
(10) "Healthcare coverage" means fee for service, health maintenance organization, preferred provider organization, and other types of private health insurance and public healthcare coverage under which medical services could be provided to the dependent child.
(11) "Medical support" means health insurance, cash medical support, and the payment of the medical expenses of the child.
(12)(a) "Noncustodial parent" means an absent parent as defined in Subparagraph (b) of this Paragraph.
(b) "Absent parent" means any person who does not reside with his dependent child and who is responsible for providing financial support for that child and against whom the child support enforcement section of the department is enforcing or seeking to enforce or modify a support obligation pursuant to a plan described in Title IV-D of the Social Security Act and made applicable to the state under this Subpart. An "absent parent" may include but is not limited to the natural parent, adoptive parent, and the putative or alleged father. This definition shall apply retroactively to all cases that the child support enforcement section of the department is enforcing or seeking to enforce or modify.
(13) "Private health insurance" means coverage by a health plan provided through an employer or union or purchased by an individual from a private health insurance company.
(14) "Public health insurance" means health insurance provided by a public entity.
(15) "Reasonable cost", as it pertains to private health insurance, means that the health insurance premiums for the minor child or children do not exceed five percent of the gross income of the parent ordered to provide support pursuant to R.S. 9:315.4. The five percent standard shall apply to the cost of adding the child to an existing policy, the difference in the cost between a single and a family policy, or the cost of acquiring a separate policy to cover the child. There is a rebuttable presumption that public health insurance is always available at a reasonable cost.
(16) "Support services" and "support enforcement services" means any action taken by the Department of Children and Family Services, upon receipt of an application or referral for services or a request made under the Uniform Interstate Family Support Act, in accordance with the federal requirements of Title IV-D of the Social Security Act and corresponding state laws and regulations without regard to whether there is any existing court order, delinquency, or presumption of paternity.
Acts 2003, No. 1068, §2, eff. July 2, 2003; Acts 2004, No. 510, §1, eff. June 25, 2004; Acts 2008, No. 532, §5; Acts 2010, No. 299, §1; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2012, No. 255, §7; Acts 2016, No. 90, §3, eff. July 1, 2016; Acts 2016, No. 253, §2; Acts 2018, No. 166, §1, eff. May 15, 2018; Acts 2025, No. 477, §15, eff. Oct. 1, 2027.
A. The department is hereby authorized to develop and implement a program of family support in FITAP cases, Title IV-E Foster Care cases, Medicaid-only cases, and any other category of cases to which the state is required by federal law or regulation to provide services, designed to do the following:
(1) Enforce, collect, and distribute the support obligation owed by any person to his child or children and to his spouse or former spouse with whom the child is living if a support obligation has been established with respect to such spouse or former spouse.
(2) Locate absent parents.
(3) Establish paternity.
(4) Obtain and modify family and child support orders.
(5) Obtain and modify medical support orders.
B.(1) In addition, as required by federal law, the department shall provide the above services to any individual including absent or noncustodial parents not otherwise eligible for such services as provided for in Subsection A of this Section upon receiving an application from such individual and upon receiving any fee which may be assessed by the department for the services, regardless of whether the individual has ever received public assistance and regardless of whether there is a delinquency.
(2) The department is hereby authorized to develop and implement a program of access and visitation designed to support and facilitate noncustodial parent's access to and visitation of their children. The program may include mediation, counseling, education, development of parenting plans, visitation enforcement, and development of guidelines for visitation and alternative custody arrangements. The program should also encourage and enable both parents to stay emotionally involved with their child or children.
C. The department may enforce, collect, and distribute medical support orders notwithstanding the absence of a specific provision in the child support order as to the amount of medical support to be paid.
D.(1) The department, except when it is not in the best interest of the child, may without the necessity of written assignment, subrogation, tutorship proceedings, or divorce proceedings take direct civil action, including actions to establish filiation against an alleged biological parent notwithstanding the existence of a legal presumption that another person is the parent of the child solely for the purpose of fulfilling its responsibility under this Section, in any court of competent jurisdiction, to obtain an order, judgment, or agreement of support against the responsible person in any case in which the department is providing services under this Subpart. The amount of such support shall be set only by order of the court or by the consent of the parties, but in either case the department shall be designated as payee. Additionally, the department may take direct action to modify an order or judgment of support, including actions to increase or decrease support, in any case in which the department is providing services pursuant to this Subpart. A separate and distinct cause of action in favor of the department is hereby created, and suits brought under this provision need not be ancillary to or dependent upon any other legal proceeding.
(2) In cases where the department is providing support enforcement services, if the name of the father appears on the birth certificate of the child, the department may proceed to establish a court order for child support and medical support against the father whose name does appear on the birth certificate without the need to establish paternity in accordance with Civil Code Article 197.
E. The department shall enter into an agreement with a financial institution to develop and operate a data match system, using automated data exchange to the maximum extent feasible.
F. If the district attorney neglects or refuses to file a proceeding to establish filiation against an alleged biological parent, the department may file the ex parte motion.
G. In any case in which the department is providing services under this Subpart to obtain an order, judgment, or agreement of support or to recoup support payments against the responsible person, the court shall not cancel any accrued arrearages unless the department, through the CSE administrator, has determined that there is no reasonable possibility of collecting the arrearages.
H. In addition to any other legal remedies provided by law, the department shall take all steps necessary to implement and utilize procedures for collection of past due support from federal tax refunds by sending notice to the federal secretary of the treasury that a person owes past due support which has been assigned to the department as a condition of eligibility or in a case where the department is providing services as provided in Subsection B of this Section. The department shall comply with all rules and regulations imposed by the secretary of the treasury and by the federal secretary of health and human services, including payment of any fee assessed by the secretary of the treasury for the cost of applying the offset procedure. As used in this Part, "past due support" means the amount of a delinquency, determined under a court order under state law for support and maintenance of a child, or of a child and the parent with whom the child is living. A court in a civil proceeding has jurisdiction to render a judgment for past due support which has accrued under a civil court order for support and also has limited jurisdiction to render a judgment for past due support which has accrued under any criminal or juvenile court order for support pursuant to an assignment of support rights during any period in which there was no outstanding civil court order for support and, effective August 13, 1981, such a support obligation is not released by a discharge in bankruptcy under Title 11, United States Code.
I. In providing support services required by Title IV-D of the Social Security Act in cases provided for in Subsection A of this Section, the department may provide for application and other fees to be charged each individual who is receiving services from the department or any individual who owes a duty of support. The fees shall comply with any applicable federal laws, rules, and regulations and may not exceed the maximum set by federal laws, rules, and regulations or the actual costs incurred by the department in providing the support services, whichever is less.
J. The department, in conjunction with the administrator of Louisiana Works, shall take all steps necessary to implement and utilize procedures for collection of child support payments from unemployment compensation benefits, pursuant to R.S. 23:1600(8) and 1693. The department shall determine on a periodic basis, from information supplied to it pursuant to the federal unemployment statute, 29 U.S.C. 49(b), whether any persons receiving compensation under the state's unemployment compensation law, including amounts payable pursuant to any agreement under any federal unemployment compensation law, owe child support obligations which are being enforced by the department. The department may enforce any such obligation which is not being met by the person through a written agreement with the person to have specified amounts withheld from compensation benefits otherwise payable to the person and by submitting a copy of the agreement to the administrator of Louisiana Works or, in the absence of such an agreement, by using legal means to require the withholding of specified amounts from the unemployment compensation benefits to apply toward satisfaction of the support obligation, provided that in either case the maximum amount of withholding shall not exceed the amount specified in the garnishment statute, R.S. 13:3881. However, if the amount deducted and withheld is less than the amount of the support obligation, the balance is not discharged and shall remain an outstanding debt of the person. The department shall comply with all rules and regulations imposed by the administrator of Louisiana Works, including payment of any fee assessed to reimburse that office for the administrative costs incurred in applying the withholding procedure.
K. The department shall require private collection agencies which handle any portion of a case authorized by Subsection A of this Section to comply with the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq. and the Federal Trade Commission Act, 15 U.S.C. 42 et seq.
L.(1)(a) The department, when providing support enforcement services, shall pursue an order to require one or both parties to provide medical support for the child pursuant to R.S. 9:315.4. If private health insurance is not available to either parent at a reasonable cost at the time the support order is rendered or modified, the court shall order the party responsible for providing medical support to provide private health insurance as soon as it becomes available at a reasonable cost and is accessible to the minor child.
(b) The court may order the noncustodial parent to pay cash medical support when either:
(i) The child has no healthcare coverage.
(ii) The child is covered by private health insurance but there is a need for additional funds to cover the child's healthcare costs.
(c) Notwithstanding any provision to the contrary, the court shall order the noncustodial parent to pay cash medical support when the child is covered by public health insurance.
(2) When the court orders the noncustodial parent to provide cash medical support, it shall be owed until such time as private health insurance is provided by the party responsible for providing medical support.
(3) Cash medical support shall be set at an amount not to exceed three percent of the noncustodial parent's gross income. An award for cash medical support shall be separate from the child support order and shall not be included in the child support calculations.
(4) Cash medical support payments shall be collected by the department and distributed in accordance with the Code of Federal Regulations and the Louisiana Administrative Code.
(5) If a court orders a parent to pay cash medical support, it shall be in lieu of, and not in addition to, requiring the parent to also pay reimbursement for extraordinary medical expenses as set forth in R.S. 9:315.5.
Acts 2003, No. 86, §1; Acts 2003, No. 632, §1; Acts 2003, No. 1068, §2, eff. July 2, 2003; Acts 2004, No. 380, §1, eff. June 23, 2004; Acts 2010, No. 238, §4; Acts 2010, No. 299, §1; Acts 2012, No. 255, §7; Acts 2016, No. 253, §2; Acts 2018, No. 166, §1, eff. May 15, 2018; Acts 2018, No. 206, §5; Acts 2022, No. 271, §5.
A. The secretary of the department shall have the authority to promulgate rules and regulations and take such action as may be necessary to carry out the provisions of R.S. 46:236.1.2(A), provided that such rules and regulations and action are consistent with and in conformity with the provisions of Title IV-D and Title IV-A of the Social Security Act, as amended.
B. The secretary of the department may secure information from criminal records, including those of the Louisiana Bureau of Criminal Identification and Information, records of the Department of Public Safety and Corrections, records of the Department of Revenue, and records under the Louisiana Employment Security Law, which may be necessary to carry out the provisions of R.S. 46:236.1.2(A), and shall have access to any system used by the state for purposes relating to motor vehicles or law enforcement, to carry out the provisions of R.S. 46:236.1.2(A).
C. In addition, the secretary shall utilize other records, not otherwise confidential, and may secure information from other records or sources which may be specifically required to be utilized by the provisions of Title IV-D and Title IV-A of the Social Security Act, as amended, and the regulations promulgated thereunder.
D. Upon request of the secretary of the department or his designee, all departments, boards, bureaus, and agencies of the state shall provide to the department any information which may be necessary to carry out the provisions of R.S. 46:236.1.2(A), including but not limited to the address and social security number of the person designated by the department as an absent parent. In addition, upon the request of the secretary of the department or his designee, any private employer or payor of any income to a person designated by the department as an absent parent shall provide to the department verification of employment or payment and the address and social security number of the person so designated. All such records and information secured shall be confidential and shall not be used for any purposes other than those specified by this Subpart.
Acts 2003, No. 1068, §2, eff. July 2, 2003.
A. A financial institution shall provide the name, record address, social security number or other taxpayer identification number, other identifying information and an average daily account balance for the most recent thirty-day period for each calendar quarter for each noncustodial parent who maintains an account at such institution and who owes past due support. A financial institution may provide the information described in this Subsection pertaining to any co-owner listed on the applicable account.
B.(1) For the purposes of this Subsection, the following definitions shall apply:
(a) "Financial institution" shall have the meaning ascribed in R.S. 46:236.1.1.
(b) "Title IV-D agency" shall mean an agency that administers child support programs pursuant to Title IV-D of the Social Security Act of 1975.
(2) In response to a notice of lien or levy, a financial institution shall encumber or surrender assets held by such institution on behalf of the noncustodial parent who is subject to a child support lien pursuant to 42 U.S.C. 666(a)(4). The state shall recognize the authority of Title IV-D agencies in other states to enforce all child support matters if the provisions of this Subsection are met.
(3) Any Title IV-D agency may enforce a lien in this state by attaching and seizing of assets of the delinquent obligor held in a financial institution operating in Louisiana without the necessity of obtaining an order from any other judicial or administrative tribunal if the financial institution is presented with a properly documented request. To be properly documented and valid, such request shall contain all of the following:
(a) A certified copy of the judgment or administrative order issued by the appropriate legal authority establishing the lien.
(b) A letter or notice of lien or levy which includes all of the following information:
(i) The name of the Title IV-D agency responsible for making the request for attachment and seizure of assets.
(ii) The name of the Title IV-D agency representative responsible for making the request for attachment and seizure of assets.
(iii) The name of the financial institution to whom the request for attachment and seizure is directed.
(iv) The name and social security number of the obligor against whom the lien is sought to be enforced.
(v) The name and address of the Title IV-D agency to whom the financial institution is to remit the seized assets or deposits.
(vi) A statement confirming that a copy of the request for attachment and seizure of assets or deposits was sent to the obligor by certified mail with return receipt requested.
(4) To transmit a request prepared in accordance with the provisions of this Subsection, a Title IV-D agency shall send the request by certified mail with return receipt requested to all of the following:
(a) A financial institution through its registered agent as defined in R.S. 6:285(C).
(b) The obligor against whom the lien is sought to be enforced.
(5) If, after fifteen days from the date that a financial institution receives a request which conforms with the provisions of this Subpart, the person against whom the lien is sought has not provided written notice stating that he has taken legal action to enjoin or otherwise restrain compliance with the request, then the financial institution may remit funds or other assets to the Title IV-D agency making the request.
(6) No financial institution, including its directors, officers, employees, attorneys, accountants, or other agents, shall incur liability to any person, including any depositor or other customer, as a result of remitting deposits or other assets to a Title IV-D agency in compliance with a request that conforms to the provisions of this Subsection.
C. The Department of Children and Family Services may pay a reasonable reimbursement fee to a financial institution for conducting the data match, not to exceed the actual costs incurred by such financial institution. The reimbursement fee may be paid quarterly or annually at the end of the state fiscal year upon request of any financial institution.
D. A financial institution, including any of its directors, officers, employees, attorneys, accountants, or other agents, shall not be civilly or criminally liable to any person, including any customer, for any disclosure of information made in accordance with this Subpart, including any disclosure of account balances provided in cooperation with this Subpart since July 1, 1997, or for encumbering or surrendering assets in response to a notice of lien or levy made in compliance with or authorized by the provisions of this Subpart. However, if the financial institution actually receives written notice that the customer has taken legal action to enjoin or otherwise restrain the encumbering or surrendering of assets and the financial institution receives such written notice sufficiently in advance of the encumbrance or surrender so as to allow the financial institution a reasonable time to act on said notice, then the financial institution shall postpone the encumbrance or surrender until such time as it is provided with satisfactory evidence that the encumbrance or surrender by it is permitted.
NOTE: Subsection E eff. until Oct. 1, 2027. See Acts 2025, No. 477.
E. The office of children and family services, child support enforcement section, which obtains data match information on an individual from a financial institution pursuant to this Subpart may disclose such data match information only for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation of such individual.
NOTE: Subsection E as amended by Acts 2025, No. 477, eff. Oct. 1, 2027.
E. The office of child support which obtains data match information on an individual from a financial institution pursuant to this Subpart may disclose such data match information only for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation of such individual.
F. If any state employee or any person working under a contract with the state knowingly, or by reason of negligence, discloses data match information of an individual in violation of any provision of this Subpart, such individual may bring a civil action for damages against such person in any district court of this state.
G. No liability shall arise under this Subpart with respect to any disclosure which results from a good faith, but erroneous, interpretation of this Subpart except in cases of gross negligence; however, nothing in this Subsection shall be interpreted contrary to federal law.
H. In any action brought under this Subpart, upon a finding of liability on the part of the defendant, the defendant shall be liable to the plaintiff in an amount equal to the sum of the greater of one thousand dollars for each act of unauthorized disclosure of data match information with respect to which such defendant is found liable; or the sum of the actual damages sustained by the plaintiff as a result of such unauthorized disclosure. In the case of a willful disclosure or a disclosure which is the result of gross negligence, the defendant shall be liable for punitive damages and all costs and attorney fees.
I. The violation of the provisions of this Subpart shall be unlawful and any person convicted of violating the provisions of this Subpart shall be guilty of a misdemeanor and shall pay a fine of not more than five hundred dollars or be sentenced to not more than six months in prison, or both.
Acts 2003, No. 639, §2, eff. June 27, 2003; Acts 2003, No. 1068, §2, eff. July 2, 2003; Acts 2010, No. 272, §1; Acts 2010, No. 272, §1; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2012, No. 255, §7; Acts 2015, No. 215, §2; Acts 2025, No. 477, §15, eff. Oct. 1, 2027.
A. By accepting FITAP for or on behalf of himself or another individual, the applicant or recipient shall be deemed, without the necessity of signing any document, to have made an assignment to the department of his entire right, title, and interest to any support obligation such applicant or recipient may have in his own behalf or on behalf of any family member for whom the applicant is applying for or receiving FITAP which has accrued at the time of the certification for FITAP and which accrues during the time FITAP is furnished. The assigned support rights shall constitute an obligation owed to the department by the person responsible for providing such support, and said obligation shall be established by an order of a court of competent jurisdiction, and the department may thereafter collect by appropriate process any outstanding debt thus created. Voluntary child support payments made to the applicant or recipient at the time of certification for FITAP or during the time FITAP is furnished shall be deemed to have been assigned to the department, unless such assignment is contrary to a valid court order. The department may thereafter collect such support payments by appropriate process.
B. The applicant or recipient shall also be deemed, without the necessity of signing any document, to have consented to the designation of the department as payee in an initial or amended order of support and to have appointed the SES program administrator as his or her true and lawful attorney-in-fact to act in his or her name, place, and stead to perform the specific act of endorsing any and all drafts, checks, money orders, or other negotiable instruments representing support payments which are received on behalf of such individual or his caretaker. The department shall be an indispensable party to any proceeding involving a support obligation or arrearages owed under this Subpart. The provisions of this Subpart shall apply retrospectively to all support rights assigned, whether by written assignment or by operation of law, prior and subsequent to October 1, 1981.
C. The applicant or recipient of services shall also be deemed without the necessity of signing any document to have appointed the CSE administrator as his or her true and lawful attorney-in-fact to act in his or her name, place, and stead to perform the specific act of endorsing any and all drafts, checks, money orders, or other negotiable instruments representing support payments which are received on behalf of such individual or caretaker.
D. No applicant or recipient who has accepted FITAP for or on behalf of himself or another individual shall be permitted to enter into a contract for the collection of support pursuant to R.S. 51:1441 et seq. Any such contract shall be considered a violation of public policy and shall be void.
Acts 2003, No. 1068, §2, eff. July 2, 2003; Acts 2010, No. 872, §1, eff. July 2, 2010; Acts 2012, No. 255, §7.
All proceedings brought to establish filiation against an alleged biological parent pursuant to R.S. 9:396(B) shall not be open to inspection except on written authorization by the court, and there shall be no publication thereof. Such written authorization shall be granted only upon a showing of compelling reasons. In satisfying the requirement that information shall be revealed only to the extent necessary to satisfy such compelling reasons shown, the court is authorized to use the services of a curator ad hoc appointed pursuant to Code of Civil Procedure Article 5091.2. The court may punish for contempt anyone violating the provisions of this Subpart. All records obtained in connection herewith shall be retained in confidential files, and it shall be unlawful, except in purposes directly connected with the department's responsibilities established in this Subpart, to disclose any information concerning any individual case. Any person who violates the foregoing provision shall be fined not more than five hundred dollars or imprisoned for not more than ninety days, or both.
Acts 2003, No. 1068, §2, eff. July 2, 2003.
A. The district attorney, department, and their respective staff acting pursuant to this Subpart and R.S. 9:396(B) shall be immune from civil liability that otherwise might be incurred or imposed. Such immunity shall extend to participation in any judicial proceeding resulting from any actions under this Subpart but shall not limit or otherwise affect the liability of any person for damages resulting from such person's gross negligence or from his reckless, wanton, or intentional misconduct.
B. Any attorney initiating legal proceedings pursuant to this Subpart and Titles IV-D and IV-A of the Social Security Act shall represent the state of Louisiana, Department of Children and Family Services exclusively. An attorney-client relationship shall not exist between the attorney and any applicant or recipient of child support enforcement services for and on behalf of a child or children, without regard to the name in which legal proceedings are initiated. In those cases in which the Department of Children and Family Services is providing child support services, the attorney representing the department shall not represent any party in matters involving custody or visitation. The provisions of this Subsection shall apply to a staff attorney in the child support enforcement section of the Department of Children and Family Services, district attorney, or contract attorney providing support services pursuant to Title IV-D.
C. In the course of carrying out the provisions of this Subpart, no employees of the state shall be exempt from civil liability.
Acts 2003, No. 1068, §2, eff. July 2, 2003; Acts 2012, No. 255, §7.
A. In cases in which the person responsible for the support of an individual agrees to support such individual, the department through the SES administrator may enter into a written agreement with that person to secure support for the individual. Such agreement shall designate the department as payee, may be enforced as an ordinary contract, and may provide for the legal rate of interest on any amounts due and not paid.
B. For purposes of initiating prosecutions under R.S. 14:74 for criminal neglect of family, the support enforcement officer handling a given support case may execute an affidavit alleging that offense pursuant to Code of Criminal Procedure Article 385, provided that the individual or his caretaker refuses to initiate such prosecution.
C. No department employee shall supervise or provide services to an individual as provided in R.S. 46:236.1.2(B) until the department has received an application for support services in that case and has received any application fee assessed.
NOTE: Subsection D eff. until Oct. 1, 2027. See Acts 2025, No. 477.
D. The support services authorized by this Subpart shall be provided by the office of children and family services, child support enforcement section. Field officers responsible for supplying these services shall be designated by the secretary. Such officers shall have the power and authority to make arrests, supervise the probation of offenders, serve notices, orders, subpoenas, summonses, citations, motions, and writs, and to execute all warrants and orders and to perform any other duties incident to their office. All such officers are hereby authorized to carry weapons and arms, concealed or openly, while in the actual performance of any duty or while under assignment to any duty, but under no circumstances shall officers be authorized to carry weapons unless they have been trained in the proper carrying and use of firearms by a recognized firearm training program.
NOTE: Subsection D as amended by Acts 2025, No. 477, eff. Oct. 1, 2027.
D. The support services authorized by this Subpart shall be provided by the office of child support. Field officers responsible for supplying these services shall be designated by the secretary. Such officers shall have the power and authority to make arrests, supervise the probation of offenders, serve notices, orders, subpoenas, summonses, citations, motions, and writs, and to execute all warrants and orders and to perform any other duties incident to their office. All such officers are hereby authorized to carry weapons and arms, concealed or openly, while in the actual performance of any duty or while under assignment to any duty, but under no circumstances shall officers be authorized to carry weapons unless they have been trained in the proper carrying and use of firearms by a recognized firearm training program.
E. In addition, department support personnel shall possess full notarial powers in connection with any document required in the course of providing services authorized by this Subpart, including but not limited to documents required under the Uniform Interstate Family Support Act (1996), Children's Code Articles 1301 et seq., and any documents necessary to secure warrants for criminal neglect of family (R.S. 14:74 et seq., and Children's Code Articles 1351 et seq.). Any documents passed, acknowledged, or sworn to and subscribed before department support personnel pursuant to this Subsection shall have the same force and effect as if taken before a duly commissioned notary public. Support enforcement personnel employed by a district attorney's office providing support services pursuant to Title IV-D shall possess these same powers except the supervision of probationers.
Acts 2003, No. 1068, §2, eff. July 2, 2003; Acts 2006, No. 516, §1, eff. June 22, 2006; Acts 2012, No. 66, §1; Acts 2012, No. 255, §7; Acts 2025, No. 477, §15, eff. Oct. 1, 2027.
A. The agencies, courts, and persons in Louisiana carrying out provisions of this Subpart and of Title IV-D of the Social Security Act and related portions of Title IV-A of such Act shall have the affirmative responsibility to act in the best interest of the individual on whose behalf action is taken.
B. Any court that collects child support pursuant to state laws and regulations shall forward that portion of the collections due to the Department of Children and Family Services within two days of receipt.
C.(1) In any proceeding concerning paternity, a support obligation, or arrearages owed the department shall be an indispensable party when providing support enforcement services on behalf of a child involved in the proceeding.
(2) A party shall not commence an action, file a pleading, or submit a written stipulation to the court without complying with Paragraph (3) of this Subsection, if the purpose or effect of the action, pleading, or stipulation is to accomplish any of the following:
(a) Establish, disavow, or contest paternity.
(b) Establish, modify, or terminate a support obligation.
(c) Change the court-ordered manner of payment of support.
(d) Enforce support or arrears due or owing.
(3)(a)(i) When taking an action described in Paragraph (2) of this Subsection, a party shall certify in the initial pleading whether support enforcement services are being provided on behalf of a child who is a subject of the action, pleading, or stipulation.
(ii) If support enforcement services are being provided, the party shall have a copy of the pleading or stipulation served on the department.
(b) Any party who knows, or with the exercise of due diligence should know, that a child is receiving support enforcement services during the pendency of an action pursuant to Paragraph (2) of this Subsection shall notify the court and the plaintiff shall provide the department with a copy of any hearing notice pertaining to a pending proceeding.
(c) If notice is not given in accordance with this Subsection, the department shall not be bound by any decision, judgment, or stipulation rendered in an action described in Paragraph (2) of this Subsection.
(4) "Support enforcement services" shall have the same meaning as provided in R.S. 46:236.1.1.
Acts 2003, No. 1068, §2, eff. July 2, 2003; Acts 2008, No. 532, §4; Acts 2021, No. 11, §1, eff. Jan. 1, 2022.
A. Any consumer reporting agency, as defined in R.S. 46:56(M)(2), shall provide a consumer report to the secretary or his designee, provided the department pays a fee to the consumer reporting agency and certifies all of the following:
(1) The consumer report is needed for the purpose of establishing an individual's capacity to make child support payments or for the determination of the appropriate level of such payments.
(2) The paternity of the individual for the child to which the obligation relates has been established or acknowledged by the individual in accordance with state law.
B. The consumer report shall be confidential and shall be used solely for the purpose described in Subsection A of this Section and shall not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose.
Acts 2003, No. 1068, §2, eff. July 2, 2003; Acts 2016, No. 29, §1; Acts 2018, No. 206, §5.
A.(1) The department shall be authorized to obtain health insurance enrollment data currently being provided in accordance with federal law and R.S. 44:14, through data sharing agreements between the department and health insurers, as defined in R.S. 46:446.6, or through an interagency agreement with the Louisiana Department of Health, at the discretion of the department.
(2) As a condition of conducting business in Louisiana, health insurers, defined as any insurance company or other entity who is authorized to transact and is currently transacting health insurance business in this state, including self-insured plans, group health plans as defined in Section 607(1) of the Employee Retirement Income Security Act of 1974, service benefit plans, managed care organizations, pharmacy benefit managers, third party administrators and any other parties that are, by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service, shall permit and participate in data matching with the department to assist in determining the availability of other sources of health care insurance or coverage for beneficiaries of the child support program. If not providing data through the Louisiana Department of Health, health insurers shall provide to the department or its designee, no less than quarterly, an electronic listing of all individuals who may be covered by a health insurer and the nature of coverage that is provided, their social security numbers, addresses, dates of birth, policy holder, policy identification number, group number and effective dates for purposes of identifying coverage and enforcing medical child support orders administered by the department.
(3) The provisions of Paragraphs (1) and (2) of this Subsection shall not apply to the following types of insurance: limited benefit health and accident; TRICARE; dental; disability income; fixed indemnity; long-term care; Medicare supplement; Medicare Advantage; specified disease; vision; basic hospital expense; and basic medical-surgical expense.
B.(1) If any state employee or any person working under a contract with the state knowingly, or by reason of gross negligence, discloses data match information of an individual in violation of any provision of this Section, the aggrieved individual may bring a civil action for damages against such person in any court of competent jurisdiction of this state in accordance with Subsection C of this Section.
(2) No liability shall arise under this Section with respect to any disclosure which results from a good faith, but erroneous, interpretation of this Section except in cases of gross negligence.
C. In any action brought under this Section for unauthorized disclosure, upon a finding of liability on the part of the defendant, the defendant shall be liable to the aggrieved individual in an amount equal to the greater of one thousand dollars for each act of unauthorized disclosure of data match information with respect to which such defendant is found liable or the actual damages sustained by the aggrieved individual as a result of such unauthorized disclosure. In the case of a willful disclosure or a disclosure which is the result of gross negligence, the defendant shall be liable for punitive damages and all costs and attorney fees.
Acts 2008, No. 578, §2; Acts 2009, No. 241, §1.
A. Obligations ordered for support of a child are for the use and benefit of the child and shall follow the child.
B. If a child with an existing support order has a caretaker who is not the obligee listed in the current support order, the department shall obtain from the court that rendered the support order an amended order naming the current caretaker as the obligee in accordance with the provisions of this Section.
C. When the current caretaker applies for support enforcement services pursuant to R.S. 46:236.1.2, the caretaker shall execute an affidavit stating that the minor child resides with him. The affidavit shall contain the following information in substantially the following form:
AFFIDAVIT OF CHILD(REN)'S PHYSICAL
PRESENCE IN THE CARETAKER'S HOME
AFFIDAVIT
I, ____________________________________ , the undersigned affiant
Name of the Affiant
do hereby certify and affirm that I am the caretaker of the minor child(ren) named below;
That I am the applicant/recipient of support enforcement services on behalf of the minor child(ren) whose name(s) appear(s) below;
That I have requested that the Department of Children and Family Services, Child Support Enforcement (DCFS, CSE) secure a court order to authorize the child support payments that are due and payable by the obligor and/or the obligee on behalf of the minor child(ren) whose name(s) appear(s) below to be redirected to me, the affiant, on behalf of the minor child(ren);
That I do hereby further certify and affirm that the minor child(ren) whose name(s) appear(s) below have been physically residing with me in my residence since ___________________, __________, located in the parish/county of ____________________, state of _________________.
Name(s) of Children
Date of Birth
I solemnly swear or affirm that the foregoing statements are true and correct to the best of my knowledge and belief.
SIGNATURE OF AFFIANT
PRINT NAME OF AFFIANT
SUBSCRIBED AND SWORN TO BEFORE ME ON THIS _________ DAY OF __________________ AT __________________, LOUISIANA
PRINT NAME OF ATTORNEY OR NOTARY PUBLIC
SIGNATURE OF ATTORNEY OR NOTARY PUBLIC
NOTARY NUMBER OF NOTARY PUBLIC OR BAR ROLL
NUMBER OF ATTORNEY
MY COMMISSION EXPIRES:__________________
D. Upon receiving the application and affidavit pursuant to Subsection C of this Section, the department shall send written notice to the obligor and obligee at their last known addresses through the United States Postal Service. The notice shall inform the obligor and obligee of the department's intent to redirect payments to the current caretaker. The notice shall include a copy of the caretaker's affidavit.
E. In addition to the notice sent pursuant to Subsection D of this Section, an attempt to contact the obligor and obligee at their last known telephone numbers or e-mail addresses shall be made when telephone numbers or e-mail addresses are available in the department's record.
F. At least fifteen days after mailing written notice to the obligor and obligee, the department shall file an ex parte motion and order to have the caretaker recognized as the new obligee and have the department redirect child support payments to the current caretaker.
(1) The ex parte motion shall include an affidavit executed by the current caretaker pursuant to the provisions of Subsection C of this Section.
(2) The ex parte motion shall also include an affidavit executed by an authorized representative of the department. The affidavit shall contain the following information in substantially the following form:
AFFIDAVIT OF RECEIPT OF SERVICE AND NOTICE
AFFIDAVIT
I, _____________________________________________, an authorized
Name of the Affiant
representative of the Department of Children and Family Services, Child Support Enforcement hereby certify and affirm:
That support enforcement services are being furnished to _____________.
Caretaker
The following efforts have been made to give the obligor reasonable notice of the department's intent to redirect child support payments to the current caretaker. The obligor has not notified the department that (s)he objects to the redirection of support payments.
Date of Action
Action Taken
The following efforts have been made to give the obligee reasonable notice of the department's intent to redirect child support payments to the current caretaker. The obligee has not notified the department that (s)he objects to the redirection of support payments.
Date of Action
Action Taken
I solemnly swear or affirm that the foregoing statements are true and correct to the best of my knowledge and belief.
SIGNATURE OF AFFIANT
PRINT NAME OF AFFIANT
SUBSCRIBED AND SWORN TO BEFORE ME ON THIS ________DAY OF _____________ AT __________________, LOUISIANA
PRINT NAME OF ATTORNEY OR NOTARY PUBLIC
SIGNATURE OF ATTORNEY OR NOTARY PUBLIC
NOTARY NUMBER OF NOTARY PUBLIC OR BAR ROLL
NUMBER OF ATTORNEY
MY COMMISSION EXPIRES:______________________________
G. Upon submission of the ex parte motion, order, and affidavits, the court shall determine whether the department has made sufficient efforts to notify the obligor and obligee of the department's intent to redirect child support payments to the current caretaker. Upon finding that the department has made sufficient efforts, the court shall:
(1) Issue an interim order naming the current caretaker as the obligee and authorizing the department to redirect payments to the current caretaker, and
(2) Issue a rule to show cause ordering the obligor and obligee to appear and show cause why the interim order should not be made permanent.
H. The rule to show cause shall be set for a hearing not more than thirty days after the court signs the interim order.
I. The interim order shall remain in effect until the rule to show cause is heard and ruled upon by the court or until the court orders otherwise.
J. The provisions of this Section shall not change the legal custody of a child or affect the rights and obligations of a parent relating to a child.
Acts 2012, No. 444, §1.
A.(1) Pursuant to 42 U.S.C. 654b(a)(1)(A), the department is authorized to receive and disburse support payments made on behalf of each child who is a recipient of public assistance, or for any obligee when an individual has applied for support enforcement services pursuant to Title IV-D of the Social Security Act. Except as provided in this Section, the department is not required to seek an amendment to the support order, file a motion to intervene, or subrogate itself to the rights of the obligee to exercise its standing as independent party.
(2) To carry out and effectuate the purposes and provisions of this Section and 42 U.S.C. 666(c)(1)(E), the department shall administratively change the payee of a support order to the department. Such change shall not occur until the department has provided notice of the change to all parties under this Subsection.
(3) If a court has ordered support payments to be made to an obligee, the department shall, on providing notice to the obligee and the obligor, direct the obligor or other payor to make support payments payable to the department and to transmit the payments to the state disbursement unit. The department shall file a copy of the notice with the court by which the order was issued or last registered. The redirection of payment to the department is effective when mailed to the parties and no further action is necessary for the department to enforce the support order. The notice shall include all of the following:
(a) A statement that the child's family is receiving support enforcement services.
(b) The name of the child and the obligee for whom support has been ordered by the court.
(c) The docket number and court by which support was ordered or last registered.
(d) Instructions for the payment of ordered support to the department.
(4) The notice shall be sent by regular mail to the obligor and the obligee at the last known address of each as listed in the state case registry. The obligor shall be required to submit payment, in accordance with Subparagraph (3)(d) of this Subsection, ten days after the date of the notice.
(5) On receipt of a copy of the notice, the clerk of court shall file the notice in the appropriate case record. Upon receipt of the notice, the court upon its own motion shall issue an order, as promulgated in the Rules for Louisiana District Courts, recognizing that the department upon mailing of the notice became payee of the support order. The order shall be granted ex parte without contradictory hearing. The order shall be served upon the obligor, the obligee, and the department.
B.(1)(a) Notwithstanding the provisions of R.S. 13:1599(B), in cases receiving support enforcement services from the department, upon the motion of the district attorney or the department to transfer, a support order shall be transferred for subsequent enforcement and modification to the appropriate juvenile court within the parish wherein the support order was rendered or last registered.
(b) The provisions of Subparagraph (a) of this Paragraph shall not apply in East Baton Rouge Parish.
(2)(a) Notwithstanding the provisions of R.S. 13:1599(B), in cases no longer receiving support enforcement services from the department, upon motion to transfer by the interested party, a support order shall be transferred for subsequent enforcement and modification to the district or family court in the same parish as the juvenile court transferring the order.
(b) As used in this Section, "interested party" shall include only the department, the district attorney, the contract attorney providing support services pursuant to Title IV-D, the person owing the support obligation, or the individual or current caretaker to whom the support obligation is owed.
(3) In any of the cases in this Subsection, the court shall grant its order ex parte and without hearing any adverse party.
C.(1) On termination of support enforcement services under 45 CFR 303.11(b), or upon the death of the obligee or caretaker, the department shall send a notice to the obligor and the obligee to terminate the redirection. The notice shall include all of the following:
(a) A statement that either:
(i) The child's family is no longer receiving support enforcement services.
(ii) The obligee or caretaker is now deceased.
(b) The name of the child and the obligee for whom support has been ordered by the court.
(c) The docket number and court in which support was ordered or last registered.
(d) Instructions for the payment of ordered support and any past-due support that has accrued.
(2) The notice shall be sent by regular mail to the address listed in the state case registry for the obligor and the obligee, as appropriate. The obligor shall be required to submit payments in accordance with the instructions in this notice ten days after the date of the notice.
(3) The department shall file a copy of the notice with the court in which the order was issued or last registered. On receipt of a copy of the notice, the clerk of the court shall file the notice in the appropriate case record. Upon receipt of the notice, the court upon its own motion shall issue an order, as promulgated in the Rules for Louisiana District Courts, recognizing that the department was removed as payee of the support order, effective upon the date that notice of redirection of payment was mailed to the parties. The order shall be granted ex parte without contradictory hearing. The order shall be served upon the obligor, obligee, and the department.
D. This Section applies regardless of whether the individual applying for or receiving support enforcement services has ever received any public assistance and regardless of whether there is a delinquency.
E. The department shall not enforce or collect any past-due support that accumulated before support enforcement services were provided until a contradictory hearing is held by the appropriate court to determine the amount of past-due support owed.
Added by Acts 1976, No. 313, §1. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1981, No. 812, §2, eff. Aug. 2, 1981; Acts 1981, Ex.Sess., No. 36, §2, eff. Nov. 19, 1981; Acts 1984, No. 358, §1; Acts 1997, No. 603, §4; Acts 1999, No. 762, §1; Acts 1999, No. 1089, §1, eff. July 1, 1999; Acts 2004, No. 510, §1, eff. June 25, 2004; Acts 2009, No. 83, §1; Acts 2010, No. 754, §3, eff. Jan. 1, 2011; Acts 2010, No. 913, §2; Acts 2012, No. 444, §1; Acts 2018, No. 373, §2, eff. Oct. 1, 2018; Acts 2019, No. 277, §1.
A. For purposes of this Section, the following words have the meaning ascribed to them by this Section unless the context clearly indicates a different meaning:
(1) "Delinquent of an amount equal to one month's support" means that an obligor becomes delinquent of an amount equal to one month's support obligation on the day after a payment is due, and the total amount owed equals or exceeds one month's support obligation. A delinquency includes any judgment awarding retroactive support in accordance with R.S. 9:315.21 and 399.
NOTE: Paragraph (A)(2) eff. until Oct. 1, 2027. See Acts 2025, No. 477.
(2) "Department" means the Department of Children and Family Services, office of children and family services, child support enforcement section.
NOTE: Paragraph (A)(2) as amended by Acts 2025, No. 477, eff. Oct. 1, 2027.
(2) "Department" means the Department of Children and Family Services, office of child support.
(3) "Income" means any form of singular or periodic payment to an individual, regardless of source, including but not limited to wages, salary, interest, commission, compensation as an independent contractor, disability income, unemployment compensation, workers' compensation, bonuses, judgments, settlements, annuity and retirement benefits, and any other payments made by any person, private entity, federal or state government, any unit of local government, school district, or any entity created by public act.
(4) "Obligee" means the person for whom support has been ordered, or the person whose support rights have been assigned to the department or for whom the department is providing support enforcement services, or the department.
(5) "Obligor" means the person ordered to pay support.
(6) "Payor" means the payor of any income to a person ordered to pay support, or any financial institution in which the obligor has assets.
(7) "Support" means child support, spousal support, and medical support established by a court order and any amounts ordered under R.S. 46:236.5.
B.(1) Upon entry of any court order for the establishment or modification of support, the court shall order an immediate income assignment, which shall be effectuated immediately by providing a written notice to the payor or payors of income, unless there is a written agreement between the parties or the court finds good cause not to require immediate income assignment. This income assignment may be effectuated by providing a written notice to any payor or payors of income, advising the payor to withhold an amount for current support, any judgments entered for the costs of genetic testing, plus an additional amount, to be determined by the obligee, toward any arrearage.
(2)(a) For purposes of this Subsection, a "written agreement" means a written alternative arrangement signed by both the custodial parent and the noncustodial parent, and signed by the state in cases in which there is an assignment of support rights to the state.
(b) For purposes of this Subsection, "good cause" exists if the court or the department finds that implementing an immediate income assignment would not be in the best interests of the child or finds proof of timely payment of previous support awards within the immediate past twelve consecutive months.
C.(1) In any case in which the department is not providing services and in which an immediate income assignment has not been issued, the case shall be subject to immediate income assignment upon a delinquency of an amount equal to one month's support. To effectuate an income assignment under this Subsection, the obligee shall provide the obligor written notice that there is a delinquency and that the obligee intends to seek the issuance of an income assignment order. The notice shall include a form petition to stay service. The notice shall be served by any method provided by law for service of process. The cost of such service shall be paid by the person for whom support has been ordered.
(2) The person ordered to pay support may prevent an income assignment order from being served by filing a petition to stay service with the clerk of court within fifteen days after the notice.
(3)(a) Upon receipt of a petition to stay service, the clerk of court shall certify the petition and forward it to the appropriate court, which shall set a hearing on the petition within forty-five days.
(b) The court shall notify the person ordered to pay support and the person for whom support has been ordered or the department or its representative of the time and place of the hearing on the petition to stay service.
(4) If the obligor does not file a petition to stay service, any payor or payors of income may be served with a notice to withhold an amount for current support, plus an additional amount toward any arrears, to be determined by the court.
D.(1) In any case in which the department is providing services and in which an income assignment has not been issued, the case shall be subject to an immediate income assignment upon a delinquency of an amount equal to one month's support. In such cases, the department may provide a written notice to the payor or payors of income to withhold an amount for the current support, plus an additional amount, determined by the department, toward any arrears. Subsequently, the department shall provide the obligor with a notice advising that an arrearage exists and that a notice of an immediate income assignment has been served on the payor of income. The notice may be by certified mail, regular mail, transmission by electronic means, or personal or domiciliary service upon the payor or payors of income. The notice to the obligor may be served at the obligor's last known address. The cost of service of the notice upon the payor and notice to the obligor shall be borne by the department.
(2) The obligor may contest the effectuation of the income assignment by filing a petition to stay service with the court within fifteen days after receipt of the notice. The petition to stay shall stop the income assignment. The grounds to stay service shall be limited to a dispute concerning the existence or amount of the delinquency. The hearing on the petition to stay shall be scheduled within thirty days of filing the petition. If the court rules against the obligor, he shall pay all court costs, including reimbursing the department the cost of service to the payor and notice to the obligor.
E.(1)(a) Upon receipt of a notice to withhold, the payor of income shall withhold from the income of the obligor the amount ordered for support, as it becomes due, together with an additional sum, determined by the obligee, subject to the limitations provided by R.S. 13:3881, to discharge the past due amount, and shall continue the withholding each pay period or each singular or periodic payment until further order of the court or until the requirements in Subparagraph (b) of this Paragraph have been met. The payor of income shall implement withholding no later than the first pay period or first singular or periodic payment that occurs following receipt of the notice of income assignment and shall remit amounts withheld within seven days.
(b) An income assignment may be terminated by the obligor by complying with all of the following:
(i) Provide the payor and the obligee with an affidavit for the termination of the income assignment order which states current support is no longer due and no arrears are present and due.
(ii) The affidavit or a true copy thereof must be sent within three days after the affidavit is executed, by certified mail to last known addresses of both the payor and the obligee. The affidavit or a true copy thereof must be filed with the court which issued the income assignment order. The obligee has thirty days from the date the affidavit was executed to notify both the payor and the obligor, by certified mail, of an objection to the termination.
(iii) If the payor does not timely receive an objection to the affidavit for the termination of the income assignment order from the obligee, the payor shall stop withholding from the obligor's income no later than the first pay period or first singular or periodic payment that occurs thirty days after the affidavit was executed.
(iv) If the payor timely receives notice of the obligee's objection to the affidavit for the termination of the income assignment order, the payor shall continue withholding income according to the assignment order until further order of the court.
(v) If the payor receives an objection to the obligor's affidavit for the termination of the assignment from the obligee after the income assignment has been terminated pursuant to this Subsection and within ninety days from the date the affidavit for the termination was executed by the obligor, the income assignment order shall be reinstated by the payor no later than the first pay period or first singular or periodic payment of income.
(vi) The nonprevailing party shall pay all court costs and attorney fees of the prevailing party if a court order to terminate the income assignment is requested because of an objection made by the obligee.
(2) If the income seized is from disposable earnings, the sum shall not exceed the percentage of disposable earnings subject to seizure as defined in R.S. 13:3881 for the payment of a support obligation.
(3) The total amount withheld, including the name and social security number of the obligor, shall be forwarded within seven days as provided in the income assignment order. If the payor is withholding more than one support payment for a person ordered to receive support or the department or its representative per pay period or per singular or periodic payment of income, the payor may combine the payments into one check each pay period or singular or periodic payment of income, but shall identify the amount withheld from each person ordered to pay support and the date on which the money was withheld. In all cases in which the department is providing services, the payor shall include the case number or numbers, as indicated on the notice to withhold, with each check submitted.
(4) The payor may deduct a five-dollar processing fee from the income of the person ordered to pay support per each pay period or per singular or periodic payment during which the income assignment order is in effect.
(5) When two or more orders to withhold income for support are received, the orders shall be prorated; however, the total amount withheld for all support orders shall not exceed the percentage of disposable earnings subject to seizure as defined in R.S. 13:3881 for the payment of a support obligation. If there are insufficient funds available to satisfy all orders, the orders for current support shall be given priority on a pro rata basis.
(6)(a) For the purpose of this Paragraph, "lump-sum payment" means a single payment made all at once from any source, in lieu of recurring payments that would be received by an obligor over a period of time.
(b)(i) When a payor intends to issue a lump-sum payment in the amount of three hundred dollars or more to an obligor, the payor shall notify the department at least fifteen days prior to its issuance of the lump-sum payment. Nothing in this Paragraph shall prevent a payor from reporting a lower lump-sum payment at the payor's discretion.
(ii) Notice of the lump-sum payment shall be provided in a method approved by the department. The department shall provide information regarding all approved methods on its website.
(c) If, after fifteen days from the date the payor notifies the department, the payor has not received any verification from the department as to any withholdings of the lump-sum payment, then the payor may dispense the lump-sum payment in full to the obligor.
(d) The provisions of this Paragraph apply only when the department is providing support enforcement services.
(e) A payor who complies with the requirements of this Paragraph shall not be subject to the penalties provided for in Subsection K of this Section.
F. When the court renders judgment in an action brought pursuant to this Section, attorney fees and court costs may be awarded to the prevailing party.
G. Any person whose income is assigned under the provisions of this Section shall advise the court of any change in his employment during the effective period of assignment and shall advise the court of the name and address of any new payor of any singular or periodic payment of income. The information required herein shall be filed with the clerk of court on a form which shall be developed and distributed by the Department of Children and Family Services. The payor of a person whose income is assigned under the provisions of this Section shall inform the assignee in writing within ten days when the obligor terminates employment or the payment of income terminates and provide the obligor's last known address and the name and address of the obligor's new employer, if known. Any person who violates the provisions of this Subsection may be found guilty of contempt of court.
H. A support order issued pursuant to this Section shall be given preference to any other garnishment proceeding.
I.(1) The notice to withhold shall operate as an assignment and shall be binding, fourteen days after mailing or other transmission, or from the department by administrative order of income assignment, upon any existing or future employers or payors of income of the person ordered to pay support.
(2) Notwithstanding any provision of this Section, a payor may choose to receive notices to withhold in an electronic format from the department in accordance with the provisions of 42 U.S.C. 654a(g)(1)(A).
J. No payor shall discharge, discipline, or otherwise penalize any person ordered to pay support because of the duty to withhold income.
K. When a payor willfully fails to withhold or pay over income pursuant to a valid income assignment order or willfully discharges, disciplines, or otherwise penalizes a person ordered to pay support, or otherwise fails to comply with any duties imposed by this Section, the court, upon due notice and hearing:
(1) Shall enter judgment against the payor and direct the issuance of an execution for the total amount that the payor failed to withhold or pay over.
(2) May impose a fine against the payor, up to fifty dollars per day, for the failure to withhold or pay over the support in accordance with the provisions of the income assignment notice.
(3) May order reinstatement of or restitution to the person ordered to pay support, or both, where the person has been discharged, disciplined, or otherwise penalized by the payor as prohibited in this Section.
L.(1) When a person failing to comply with an order of support derives income from self-employment, commission, or from any payor not subject to the jurisdiction of the court, or any other type of employment which makes the application of Subsection E of this Section impractical, the court may require the person to enter into bond to the court in the amount of the past due support plus a sum fixed by the court to ensure the payment of support as it becomes due for a period of not less than three months, with sureties approved by the court, conditioned upon the person making payment as previously ordered.
(2) The court may order the cancellation of the bond upon proof of full payment of past due and current support pursuant to the support order as follows:
(a) The court may order cancellation of a bond issued pursuant to an initial order twelve months after proof of full payment of past due and current support payments.
(b) The court may order the cancellation of a bond issued pursuant to a second or subsequent order twenty-four months after proof of full payment of past due and current support payments.
M. Any person who willfully initiates a false proceeding under this Section or who willfully fails to comply with the requirements of this Section shall be punished as in cases of contempt of court.
N. The rights, remedies, duties, and penalties created by this Section are in addition to and not in substitution for any other rights, remedies, duties, and penalties created by any other law.
O. A payor who complies with a notice to withhold issued in accordance with this Section shall not be subject to civil liability to any person or agency with regard to the payor's withholding of support from the obligor's income.
Acts 1990, No. 743, §1, eff. July 24, 1990; Acts 1991, No. 503, §2; Acts 1993, No. 145, §2; Acts 1995, No. 426, §1; Acts 1995, No. 480, §1; Acts 1997, No. 1250, §1, eff. July 1, 1997; Acts 1998, 1st Ex. Sess., No. 7, §1, eff. April 24, 1998; Acts 1999, No. 563, §1; Acts 2001, No. 564, §1; Acts 2001, No. 859, §1, eff. June 26, 2001; Acts 2003, No. 1068, §2, eff. July 2, 2003; Acts 2004, No. 510, §1, eff. June 25, 2004; Acts 2008, No. 444, §3; Acts 2010, No. 358, §1; Acts 2010, No. 686, §1, eff. June 29, 2010; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2012, No. 64, §1; Acts 2012, No. 255, §7; Acts 2015, No. 80, §2, eff. Oct. 1, 2015; Acts 2016, No. 102, §1; Acts 2018, No. 206, §5; Acts 2025, No. 477, §15, eff. Oct. 1, 2027.
Repealed by Acts 1999, No. 561, §1.
A. All actions to establish paternity or to establish or enforce a support obligation which are brought by the Department of Children and Family Services, hereafter called "the department", on its own behalf or on behalf of any person for whom support has been ordered and whose support rights have been assigned to the department or for whom the department is providing support enforcement services, must be completed, from the time of service of process of the action to the time of disposition, within the following time frames:
(1) Seventy-five percent in six months.
(2) Ninety percent in twelve months.
B.(1) Any court with jurisdiction to establish paternity or to establish or enforce support obligations shall implement an expedited process for the establishment or enforcement thereof in accordance with existing judicial procedures or the provisions of Subsection C of this Section. "Expedited process" means administrative or expedited judicial processes or both which increase effectiveness and meet completion time frames specified in Paragraphs (1) and (2) of Subsection A of this Section. Such a court may collect and distribute support obligations and may, by court order or rule, assess and collect a sum payable by the obligor as a fee of not more than five percent of all existing and future support obligations to fund the administrative costs of a system for expedited process. The fee may be assessed and collected against existing and future arrearages as well as ongoing support payments, whether or not an arrearage exists. The fee shall be assessed only against the payor of support and such assessment shall not reduce the amount of child support owed the obligee.
(2) A court may assess a one-time fee in each case payable by the obligor not to exceed twenty-five dollars to fund the expenses incurred by the district public defender office in the representation of individuals ordered to pay support under Subsection A of this Section. The court may designate the district public defender office as agent for the collection of the assessed fee.
C. An expedited process for the establishment of paternity and the establishment and enforcement of support and other related family and domestic matters in district courts using hearing officers may be implemented as follows:
(1) The judge or judges of the appropriate court or courts for the establishment of paternity or the establishment and enforcement of support and other domestic and family matters may appoint one or more hearing officers to hear paternity, support, and other domestic and family related matters. Domestic and family matters shall include divorce and all issues ancillary to a divorce proceeding; all child-related issues such as paternity, filiation, custody, visitation, and support in non-marital cases; all protective orders filed in accordance with R.S. 46:2131 et seq., R.S. 46:2151 et seq., and the Children's Code and all injunctions filed in accordance with R.S. 9:361, 371, and 372 and Code of Civil Procedure Articles 3601 et seq., which involve personal abuse, terrorizing, stalking, or harassment; and enforcement of orders in any of these matters, including contempt of court.
(2) The hearing officer shall be a full-time or part-time employee of the court and shall be an attorney who has been in good standing with any state bar association for not less than five years and has prior experience in cases involving child support services.
(3) The hearing officer shall act as a finder of fact and shall make written recommendations to the court concerning any domestic and family matters as set forth by local court rule, including but not limited to the following matters:
(a) Hear and make recommendations on establishment and modification of child and spousal support, child custody and visitation.
(b) Hear and make recommendations on the method of collection of child and spousal support.
(c) Hear and make recommendations on enforcement of child and spousal support, including but not limited to proceedings under Children's Code Articles 1352 through 1355, and on enforcement of child custody and visitation.
(d) Hear and make recommendations on contested and uncontested paternity cases.
(e) Hear and make recommendations on default orders or rules to show cause, if the absent parent does not respond to notice.
(f) Hear and make recommendations on the punishment by the court for the constructive contempt of an order of the court or hearing officer.
(g) Hear and make recommendations regarding confirmation of domestic and family default judgments, provided that no judgment shall be effective until signed by a district judge.
(h) Hear and make recommendations regarding the granting of uncontested divorces and approve domestic and family consent judgments provided that no judgment shall be effective until signed by a district judge.
(i) Hear and make recommendations regarding the resolution of disputes concerning discovery or the issuance of subpoenas.
(j) Hear and make recommendations regarding the referral of parties to mediation, medical and psychological evaluation, and drug testing in accordance with R.S. 9:306 and 331 et seq., and to make recommendations regarding the referral of parties to counseling and substance abuse treatment.
(k) Hear and make recommendations on all protective orders filed in accordance with R.S. 46:2131 et seq., R.S. 46:2151 et seq., R.S. 46:2171 et seq., R.S. 46:2181 et seq., and the Children's Code and on all injunctions filed in accordance with R.S. 9:361 et. seq., 371, and 372 and Code of Civil Procedure Articles 3601 et seq., which involve personal abuse, terrorizing, stalking, or harassment; and hear and make recommendations on all motions for contempt of court and motions to extend, modify, or dissolve protective orders and injunctions.
(4) In furtherance of and in addition to making written recommendations as set forth in Paragraph (3), the hearing officer may do the following:
(a) Administer oaths.
(b) Compel the attendance of witnesses and issue subpoenas.
(c) Order blood and tissue tests for the determination of paternity in accordance with R.S. 9:396 et seq.
(d) Issue bench warrants for the failure to respond to summons or attend hearings or produce documents as ordered, or for the failure otherwise to appear in court or at hearings.
(e) Conduct hearings on bench warrants issued in accordance with this Section and recommend punishment to the court.
(f) Take testimony.
(g) Contemporaneously fine and punish direct contempt of court.
(h) Accept voluntary acknowledgments of support liabilities and stipulated agreements setting forth the amount of support to be paid.
(i) Make a record of the hearings authorized by this Section.
(j) Sign and issue all rules nisi, orders to appear and show cause, and other orders necessary to the performance of the duties of the office.
(5) The written recommendation of the hearing officer shall contain all of the following:
(a) A statement of the pleadings.
(b) A statement as to the findings of fact by the hearing officer.
(c) A statement as to the findings of law based on the pleadings and facts, including his opinion thereon.
(d) A proposed judgment.
(6) A copy of any written recommendations, orders, or uncontested judgments rendered by the hearing officer shall be provided to the parties and their counsel at the time of the hearing officer's ruling, if present. Any party who disagrees with a judgment or ruling of a hearing officer on a matter set forth in Paragraph (3) may file a written objection to the findings of fact or law of the hearing officer within the time and manner established by court rule. The objection shall be heard by the judge of the district court to whom the case is assigned. Upon filing of the objection, the court shall schedule a contradictory hearing where the judge shall accept, reject, or modify in whole or in part the findings of the hearing officer. If the judge in his discretion determines that additional information is needed, he may receive evidence at the hearing or remand the proceeding to the hearing officer.
(7) If no written objection is filed with the clerk of court within the time and manner established, the order shall become a final judgment of the court and shall be signed by a judge and appealable as a final judgment. The judgment after signature by a district judge shall be served upon the parties in accordance with law.
Acts 1986, No. 517, §1; Acts 1987, No. 511, §1; Acts 1988, No. 970, §1, eff. July 27, 1988; Acts 1990, No. 880, §1; Acts 1992, No. 799, §1; Acts 1992, No. 870, §1, eff. Aug. 1, 1992; Acts 1995, No. 252, §1; Acts 1998, 1st Ex. Sess., No. 104, §1; Acts 2003, No. 964, §1; Acts 2007, No. 307, §8; Acts 2015, No. 242, §3.
A.(1) If a defendant violates the terms of a court order, issued pursuant to the provisions of R.S. 46:236.1.1 et seq. and 236.2, Children's Code Article 1301.1 et seq., or R.S. 13:4241, requiring him to pay child support to the Department of Children and Family Services, a representative of the child support collection agency as set forth in R.S. 46:236.1.8 may issue and serve on the defendant a summons ordering him to appear and show cause before the proper court of competent jurisdiction, on a date which shall be specified by the court, why he should not be held in contempt of court. Prior to or at the hearing, the Department of Children and Family Services or the district attorney shall file with the court any summons served and a rule for contempt which shall be served in open court on the defendant, setting forth the terms of the original court order for child support and all modifications thereof, along with the allegations purporting to place the defendant in contempt. If the defendant denies the allegations or offers a defense to the rule, the court may, upon motion of either party or on its own motion, continue the hearing.
(2) In the alternative, a representative of the child support collection agency as set forth above may serve on the defendant a rule to show cause why he should not be held in contempt for failing to abide by the previous orders of the court, with the rule setting forth the same terms as in a rule for contempt, if the representative does not serve a summons on the offender. The rule shall contain a specific time, place, and date where the offender is to appear and show cause in answer to the rule. Hearings tried on rules for contempt or rules to show cause shall be tried in a summary manner.
(3) Any rule served on the defendant under Paragraph (1) or (2) of this Subsection shall inform the defendant that his ability to pay child support will be a critical issue in the contempt proceeding.
(4) The court may find a defendant in contempt if the court expressly finds that the defendant is in arrears, had knowledge of the child support order, and any of the following apply:
(a) The court is satisfied that the defendant had the capacity to pay out of currently available resources all or some portion of the amount due under the support order.
(b) The court is satisfied that by the exercise of diligence the defendant could have obtained the capacity to pay all or some portion of the amount due under the support order and that the defendant failed or refused to do so.
(c) The defendant has willfully failed to participate in an approved plan for parental participation of support under R.S. 46:236.12.
B. If at the hearing of such rule the court finds the accused guilty of contempt for failure to comply with the previous judgment, the contempt shall be deemed constructive contempt under Code of Civil Procedure Article 224(2) and the defendant may be punished as follows:
(1) For a finding of contempt of court, the court shall impose a sentence of imprisonment for not more than ninety days or a fine of not more than five hundred dollars, or both. At the discretion of the court, the sentence may be suspended upon payment of all of the following:
(a) The amount of the order for unpaid support.
(b) The total amount of unpaid support accruing since the date of the order.
(c) The amount of all attendant court costs.
(2) Upon recommendation of the state attorney or the representative of the child support collection agency, or both, all or part of the sentence at or after imposition may be suspended upon payment of a lesser amount plus attendant court costs. Such payment shall apply toward but not extinguish the total amount due. If, upon any finding of contempt, the court imposes a period of incarceration without suspension and renders a money judgment against the defendant, the incarceration will not relieve the defendant from his obligation to pay the amount of arrears after release from incarceration.
(3) In any instance where the court imposes a period of incarceration, the defendant may purge himself of contempt and be released from jail upon paying the full amount of arrearages owed. Upon receipt of payment, the child support collection agency shall immediately notify the appropriate court that the full amount of arrearages have been paid, and the court shall direct an order to the proper authorities requiring the defendant's release forthwith.
(4) It is a defense as provided by R.S. 9:311.1 to a charge of contempt of court for failure to comply with a court order of child support if an obligor can prove that he was incarcerated during the period of noncompliance. This defense applies only to the time period of actual incarceration.
(5) The court shall consider the defendant's present ability to comply before imposing any sentence under Paragraph (1) or (2) of this Subsection.
C. In addition to any other penalty provided for in this Section, the court shall render judgment in favor of the applicable payee for the amount of unpaid support plus attendant court costs. The judgment shall have the same force and effect as a final judgment for money damages against the defendant. This judgment shall become executory upon its rendition, subject to the delays for filing a motion for new trial or appeal, and may be registered with any Louisiana court of competent jurisdiction on petition of the Department of Children and Family Services, the district attorney's office, or the applicable payee.
D. The court may order the defendant to post a bond to ensure his subsequent appearance or payment of future child support. Should he not pay the support which the court has ordered, the court may order the forfeiture of the bond and enforcement thereof by execution. The sum recovered shall be paid in whole or in part to the applicable payee. However, should the court order both the forfeiture of the bond and at the same time order the defendant to pay all unpaid support under the sentence for contempt, the amount of unpaid support plus attendant court costs and fines shall be the maximum payable.
E. The termination of a court order issued pursuant to the provisions of R.S. 46:236.1.1 et seq. and 236.2, Children's Code Article 1301.1 et seq., or R.S. 13:4241, requiring a defendant to pay child support to the Department of Children and Family Services does not abate the power of any court or the department to collect any overdue and unpaid support or arrearage owed under the terminated support order or the power of the court to punish any person for a failure to comply with, or to pay any support as ordered in, the terminated court order.
F. The provisions and remedies provided by this Section shall be construed as an addition to, and not in substitution for, any other remedy otherwise available to obtain or enforce an order for support. Relief under this Section shall not be denied, delayed, or otherwise affected because of the availability of other remedies, nor shall relief under any other statute be delayed or denied because of the availability of the remedies provided by this Section.
G.(1) Upon request of any representative of a newspaper and to the extent permitted by federal law, the Department of Children and Family Services shall supply a list of names and addresses of all persons who have been found guilty of criminal neglect of family as provided in R.S. 14:74 et seq. or who have been found in contempt of court for failure to comply with a support order enforced by the Department of Children and Family Services. The newspaper may publish such a list or any part of this list it considers necessary.
(2) The Department of Children and Family Services may adopt rules governing the publication of the names of persons who are delinquent in the payment of child support obligations under orders which are enforced by the department and the publication of information which is related to those delinquent payments. The rules shall be adopted in accordance with the Administrative Procedure Act and shall establish the criteria for the selection of the individuals whose names may be published, the criteria for the determination of the types and amount of related information which may be published, and the criteria for the determination of the types of media and individual media outlets in which the names and related information may be published. The department may publish the names and related information at the expense of the department or may release the names and related information for publication on a public service basis.
Acts 1989, No. 741, §1; Acts 1999, No. 519, §1; Acts 2003, No. 1068, §9, eff. July 2, 2003; Acts 2010, No. 605, §1, eff. June 25, 2010; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2017, No. 264, §4, eff. Aug. 1, 2019; Acts 2018, No. 136, §1, eff. May 11, 2018; Acts 2018, No. 206, §5; Acts 2019, No. 277, §2; Acts 2020, No. 149, §1.
A.(1) In cases in which the responsible parent or other person owes a duty of support to a spouse or minor child, the responsible parent or other person owing such duty and the district attorney may stipulate to an order of support. The juvenile and family courts of this state shall have the power to issue an order of support under the provisions of this Section. This order shall be considered a civil order of support enforceable in the juvenile or family court of this state which rendered the order. This order may be registered in other family or juvenile courts of this state pursuant to the provisions of Children's Code Article 1301.3 et seq. This support shall be ordered payable to the spouse, to the tutor or custodian of the child, to the court-approved fiduciary of the spouse or child, or to the Department of Children and Family Services in a FITAP case or in a non-FITAP case in which the department is rendering services, whichever is applicable; hereinafter, said payee shall be referred to as the "applicable payee". The amount of support as set by the court may be increased or decreased as the circumstances may require.
(2) The court may also require the defendant to enter into a recognizance, with or without surety, in order to ensure the payment of support. The condition of the recognizance shall be that the defendant shall make his or her personal appearance in court whenever required to do so, and shall further comply with the terms of the order or of any subsequent modification thereof.
B.(1) If a defendant violates the terms of a court order issued pursuant to the provisions of this Section requiring him to pay child support to the Department of Children and Family Services, a representative of the child support collection agency as set forth in R.S. 46:236.1.1 et seq. may issue and serve on the defendant a summons ordering him to appear and show cause before the proper court of competent jurisdiction, on a date which shall be specified by the court, why he should not be held in constructive contempt of court. Prior to or at the hearing, the Department of Children and Family Services or the district attorney shall file with the court any summons served and a rule for contempt which shall be served in open court on the defendant, setting forth the terms of the original court order for child support and all modifications thereof, along with the grounds for contempt. If the defendant denies the allegations or offers a defense to the rule, the court may, upon motion of either party or on its own motion, continue the hearing.
(2) In the alternative, a representative of the department may serve on the defendant a rule to show cause why he should not be held in constructive contempt for violating the previous order of the court, with the rule setting forth the same terms as in a rule for contempt, if the representative does not serve a summons on the offender. The rule shall set forth a specific time, place, and date where the offender is to show cause in answer to the rule. Hearings held on rules for contempt or rules to show cause shall be tried in a summary manner.
(3) Any rule served on the defendant under Paragraph (1) or (2) of this Subsection shall inform the defendant that his ability to pay child support will be a critical issue in the contempt proceeding.
(4) The court may find a defendant in contempt if the court expressly finds that the defendant is in arrears, had knowledge of the child support order, and any of the following apply:
(a) The court is satisfied that the defendant had the capacity to pay out of currently available resources all or some portion of the amount due under the support order.
(b) The court is satisfied that by the exercise of diligence the defendant could have obtained the capacity to pay all or some portion of the amount due under the support order and that the defendant failed or refused to do so.
(c) The defendant has willfully failed to participate in an approved plan for parental participation of support under R.S. 46:236.12.
C. If the defendant is held in contempt by the court, he may be punished as follows:
(1) By imprisonment for not more than ninety days or a fine of not more than five hundred dollars, or both. The court may suspend all or any part of the sentence upon payment by the offender of the amount of the order for unpaid support, the total amount of unpaid support accruing since the date of the order, and the amount of all attendant court costs.
(2) Upon recommendation of the district attorney or representative of the department, the court may suspend all or any part of the sentence upon payment by the offender of a portion of the amount of unpaid support due and all court costs. Payment by the offender of such portion and costs shall not relieve or extinguish his obligation to pay the remaining amount of support due.
(3) If the defendant is ordered imprisoned under this Subsection, the court shall amend the sentence after imprisonment has begun upon payment by the defendant of the full amount of arrearages owed. The department shall notify the court upon receipt of payment. The court shall order the release of the defendant from imprisonment.
(4) It is a defense as provided by R.S. 9:311.1 to a charge of contempt of court for failure to comply with a court order of child support if an obligor can prove that he was incarcerated during the period of noncompliance. This defense applies only to the time period of actual incarceration.
(5) The court shall consider the defendant's present ability to comply before imposing any sentence under Paragraph (1) or (2) of this Subsection.
D. In addition to any penalty set forth in Subsection C of this Section, the court shall render judgment in favor of the applicable payee for the amount of unpaid support due and court costs. Such judgment shall have the same force and effect as a judgment for money damages against the defendant. The judgment shall become executory upon its rendition, subject to the delays for filing a motion for new trial or appeal as provided by law, and may be registered with any state court of competent jurisdiction on petition of the district attorney or applicable payee.
E. If the defendant has entered into a recognizance in the amount fixed by the court to ensure the payment of the support, the court may order the forfeiture of the recognizance and enforcement thereof by execution. The sum recovered shall be paid in whole or in part to the applicable payee. However, should the court order both the forfeiture of the recognizance and at the same time order the defendant to pay all unpaid support under the sentence for contempt, the amount of unpaid support plus attendant court costs and fines shall be the maximum payable.
F. The termination of a court order issued pursuant to the provisions of R.S. 46:236.1.1 et seq. and 236.2, Children's Code Article 1301.1 et seq., or R.S. 13:4241, requiring a defendant to pay child support to the Department of Children and Family Services does not abate the power of any court or the department to collect any overdue and unpaid support or arrearage owed under the terminated support order or the power of the court to punish any person for a failure to comply with, or to pay any support as ordered in, the terminated court order.
G. The provisions and remedies provided by this Section shall be construed as an addition to, and not in substitution for, any other remedy otherwise available to obtain or enforce an order of support. Relief under this Section shall not be denied, delayed, or otherwise affected because of the availability of other remedies, nor shall relief under any other statute be delayed or denied because of the availability of the remedies provided by this Section.
Acts 1989, No. 741, §1; Acts 1997, No. 1155, §5; Acts 2010, No. 238, §4; Acts 2010, No. 605, §1, eff. June 25, 2010; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2017, No. 264, §4, eff. Aug. 1, 2019; Acts 2018, No. 136, §1, eff. May 11, 2018; Acts 2018, No. 206, §5; Acts 2019, No. 277, §2; Acts 2020, No. 149, §1.
A. When a court orders a parent to provide medical support for the child, specifically requiring the parent to enroll or maintain the child in a health insurance program, the Department of Children and Family Services, in any case in which the department is rendering services, shall enforce the court order through the use of the National Medical Support Notice, regarding group health plans that are covered under the provisions of 42 U.S.C. §666(a)(19), 29 U.S.C. §1169, and 45 CFR §303.32, and shall serve on the parent's employer the National Medical Support Notice to enroll the child and employee in the employee's health insurance program in accordance with the medical support order.
B.(1) Unless a court order provides for alternative coverage, in any case in which a parent is required to provide health care coverage and the employer of the parent is known, the following procedure shall be complied with:
(a) The department shall use the National Medical Support Notice to transfer notice of the provisions for the health care coverage of the child to the employer.
(b) Within twenty business days after the date of the National Medical Support Notice, the employer is required to transfer the plan administrator portion of the notice to the appropriate plan providing health care coverage for which the child is eligible.
(c) In any case in which the parent is a newly hired employee entered in the State Directory of New Hires pursuant to 42 U.S.C. §653a(e) and R.S. 46:236.14, the department shall provide the National Medical Support Notice and an income withholding notice issued pursuant to 42 U.S.C. §666(b) and R.S. 46:236.3, within two days after the date the employee is entered into the directory.
(d) Employers shall withhold any obligation of the employee necessary for coverage of the child or children and employee and forward the amount withheld directly to the plan.
(e) If the employment of the parent is terminated and the employer has received a National Medical Support Notice, the employer is required to notify the department of the termination pursuant to R.S. 46:236.3(G).
(f) When a plan administrator reports that more than one option is available under the plan, the department shall promptly select a plan from the available options.
(2) An employer shall not refuse to employ, take disciplinary action, or terminate an employee due to medical child support withholding or the failure to withhold or transmit income to the applicable plan as the National Medical Support Notice directs.
C. Any liability of the parent to the plan regarding required employee contributions for enrollment of the child is effectively subject to enforcement unless the parent contests the enforcement based on a mistake of fact.
D. Upon request by the department, the employer may, without liability to the parent, provide the department with the name of the insurer and the parent's insurance policy number. The employer shall notify the department of any changes or lapses in health insurance coverage after a National Medical Support Notice to enroll the child and employee has been served.
E. The signature of the parent who rendered payment for service for the child is a valid authorization to the insurer for purposes of processing an insurance reimbursement claim and for payment to the provider of services.
F. The department may serve on all present and future employers of the parent the National Medical Support Notice to enroll the child and employee without having to amend the medical support order.
G. When a court orders a parent who is a participant or is eligible to participate in a group health plan to enroll or maintain a minor child in a health insurance program, the insurance company or health maintenance organization shall:
(1) Allow that parent to enroll in family coverage and include the child in the enrollment during the enrollment season.
(2) Allow the child's other parent, the department, or the Louisiana Department of Health for the Medicaid program to enroll the child and the employee without regard to any enrollment season restrictions.
(3) Continue the enrollment and the coverage of the child and the employee until the employee or the child is no longer eligible under the policy, or, if earlier, unless the employee provides written proof that the court order is no longer in effect or that the child has been enrolled or will be enrolled in comparable health insurance coverage, with the new coverage to take effect no later than the effective date of disenrollment.
(4) Not deny enrollment of a child under a parent's health insurance coverage on the grounds the child was born out of wedlock, is not claimed as a dependent on the parent's federal income tax return, provided the parent provides other satisfactory proof of dependency, or does not reside with the parent or in the insurer's service area.
(5) Allow the provider, the Louisiana Department of Health for the Medicaid Plan, or the Department of Children and Family Services to submit claims for covered services without the approval of the custodial or the noncustodial parent.
(6) Reimburse the parent who rendered payment for services for the child, the provider, the Louisiana Department of Health for the Medicaid Plan, or the Department of Children and Family Services directly for claims submitted by them.
H. An employer who complies with the National Medical Support Notice in accordance with this Section is not subject to civil liability to any individual or entity regarding the withholding of necessary contributions from the employee's income for coverage of the child or children and employee under the plan.
Acts 1992, No. 869, §1; Acts 1995, No. 707, §1; Acts 1997, No. 1155, §5; Acts 2002, 1st Ex. Sess., No. 115, §2, eff. April 18, 2002; Acts 2003, No. 618, §1, eff. June 27, 2003; Acts 2006, No. 481, §2, eff. October 1, 2006.
A. In addition to other remedies provided in this Subpart, if a defendant violates the terms of a court order, issued pursuant to the provisions of R.S. 46:236.1.1 et seq., 236.2, R.S. 13:4241 and Children's Code Article 1301 et seq. requiring him to pay child support, the delinquency may be reported to the Department of Revenue. Such a report shall be deemed a referral for collection of delinquent child support.
B. When a delinquency is referred to the Department of Revenue, hereinafter referred to in this Section as the "department", pursuant to the provisions of this Section, the amount of child support due, and any accrued interest and costs shall be collected from the obligated parent by the department in any manner authorized by law, and as specifically provided in Part III of Chapter 18 of Subtitle II of Title 47 of the Louisiana Revised Statutes. All funds generated from the collection efforts shall be remitted periodically to the Department of Children and Family Services for distribution as provided by law for collected child support payments. However, the department shall be entitled to any allowable federal reimbursement, and to fifty percent of any fees or payments that would ordinarily be due to the Department of Children and Family Services for the collection made, except for incentives.
C. The department shall treat the delinquency referral in the same manner as an assessment that has become final without restriction or delay. Thus, the department need only give the obligated parent notice that he has sixty days within which to pay the delinquent amount, and inform the parent of the department's intent to use the various collection means available under law in its collection efforts after the expiration of the sixty day period, including the filing of liens, and invoking of distraint proceedings.
D. If the official acting on behalf of the department finds that an obligated parent is undertaking acts that tend to prejudice or render wholly or partly ineffectual, any efforts to collect the payments due, the department shall act immediately to institute collection measures without necessity of the sixty-day delay.
E. The referred child support delinquency shall be final and due and payable, however, no expenses or fees incurred by the department in the collection shall be the obligation of the already obligated parent.
F. Notwithstanding any provision of law to the contrary, upon the request of the secretary of the department, any employer or payor of any income to the obligated parent shall provide to the department verification of employment or payment and the address and social security number of such parent. All such information shall remain confidential except as used for the purposes of this Section. Likewise, upon the request of the secretary, a financial institution shall disclose information concerning funds and other assets on deposit belonging to the obligated parent subject to notice required by law.
G. In the event the collection action would cause undue hardship to the obligated parent, would threaten the health or welfare of his family, or would cause irreparable loss, the obligated parent may so notify the secretary. In such case, the secretary may, in his discretion, refer the receipt of such information to the secretary of the Department of Children and Family Services, who shall determine whether to halt the department's collection procedures.
H. Should the use of collection procedures pursuant to the provisions of this Section result in the overpayment of a liability, the obligated parent shall be entitled to an offset as to additional child support responsibility, or to a refund. However, in no case shall the department be liable for damages due to an overpayment, or for any effort undertaken in the collection process that does not constitute a willful and wanton act.
I. A child support delinquency referred to under these provisions shall have the same priority against attachment, execution, assignment and other collection action as is provided for child support payments by law.
J. For the collection of any child support delinquency from an obligated parent who is out of state, the department is authorized to utilize the procedures and mechanisms currently available for collection of taxes owed from out-of-state taxpayers. To this end, the child support delinquency shall be considered a final assessment as to an out-of-state obligated parent, and the department may seek reciprocal agreements with other states, and may share information with the United States Internal Revenue Service in an effort to improve collections.
K. The Department of Revenue and the Department of Children and Family Services are hereby authorized to promulgate rules and regulations as may be necessary to effectuate the provisions of this Section, and to enter into interagency agreements as necessary.
Acts 1995, No. 894, §1; Acts 2003, No. 1068, §9, eff. July 2, 2003.
NOTE: Subsection A eff. until Oct. 1, 2027. See Acts 2025, No. 477.
A. The secretary of the Department of Children and Family Services shall create an automated state case registry of child support orders within the office of children and family services, child support enforcement section.
NOTE: Subsection A as amended by Acts 2025, No. 477, eff. Oct. 1, 2027.
A. The secretary of the Department of Children and Family Services shall create an automated state case registry of child support orders within the office of child support.
B. The automated state case registry of child support orders, hereinafter referred to as the "state case registry", shall contain records with respect to each case in which services are being provided by the child support enforcement section and each support order established or modified in the state on or after October 1, 1998.
C.(1) The state shall use the state case registry herein to extract information from, to share and compare information with, and to receive information from other databases and information comparison services. Such information comparison activities shall include the federal case registry of child support orders, federal parent locator services, temporary family assistance and Medicaid agencies, intrastate and interstate information comparisons, and any other entities required by federal law.
(2) The department shall implement procedures to safeguard any confidential information contained in the state case registry, including the following:
(a) Safeguards against the unauthorized use or disclosure of information relating to paternity, child support, or child custody proceedings.
(b) Prohibitions against disclosure of the whereabouts of a party or child to a party against whom a protective order was entered with respect to that party or child.
(c) Prohibitions against the release of information if the department has reason to believe that such disclosure of the whereabouts of a party or child may result in physical or emotional harm to that party or child.
(d)(i) If the department discloses information to a court, the department shall advise the court if there is reasonable evidence of domestic violence or child abuse perpetrated against a person or child who is the subject of the inquiry.
(ii) The court shall determine whether or not disclosure to the requesting party would likely result in physical or emotional harm to the person or child who is the subject of the inquiry. If the court determines that such disclosure would likely result in harm to that person or child, the court shall not disclose the information.
D. Clerks of court in the state's judicial districts shall provide the required information to the child support enforcement section for use in developing the state case registry. The court shall require the parties, or the attorneys representing the parties, to provide the required information to the clerks of court. The Department of Children and Family Services shall enter into cooperative agreements with clerks of court to provide for reimbursement of the actual costs of collecting and transmitting the information required by this Section.
E. The Department of Children and Family Services shall develop and distribute the forms which shall be used to obtain the information. Such forms shall contain, at a minimum, the data elements identified by the secretary of the United States Department of Health and Human Services.
F. Except as provided herein, information contained in the state case registry shall be made available as public records in accordance with law.
Acts 1997, No. 391, §1; Acts 1999, No. 213, §1; Acts 2012, No. 255, §7; Acts 2025, No. 477, §15, eff. Oct. 1, 2027.
A. The secretary of the Department of Children and Family Services shall create a state disbursement unit for collection and disbursement of child support.
B.(1) This unit shall collect and disburse child support payments in cases being enforced by the state pursuant to this Subpart and 42 U.S.C. 654(4), and all child support orders as provided in R.S. 9:303. All applicable payments shall be sent directly to such unit by employers and payers.
(2) The provisions of this Section shall apply to child support payments made through any court. Any such court may enter into a cooperative agreement with the secretary of the Department of Children and Family Services to authorize the department to collect those support payments and administrative costs collected and distributed by the court pursuant to R.S. 46:236.5(B). The department may retain an amount equal to the actual costs incurred in collecting and distributing the child support, including administrative costs. However, such amount shall not exceed one percent of the total amount collected for the court. The department shall distribute such amounts collected pursuant to this Subsection in accordance with federal regulations.
(3) The unit shall use automated procedures to the extent feasible to ensure efficient collection and disbursement of support payments.
(4) The unit shall distribute all collections within two business days after receipt from the employer or other source, if sufficient information identifying the payee is available except in cases where a timely appeal has been filed.
NOTE: Subsection C eff. until Oct. 1, 2027. See Acts 2025, No. 477.
C. The Department of Children and Family Services support enforcement program, office of children and family services, shall administer the state disbursement unit. The support enforcement program may contract for the provision of these services in accordance with the applicable provisions of Chapter 17 of Subtitle III of Title 39 of the Louisiana Revised Statutes of 1950 and the Louisiana Procurement Code.
NOTE: Subsection C as amended by Acts 2025, No. 477, eff. Oct. 1, 2027.
C. The Department of Children and Family Services, office of child support shall administer the state disbursement unit. The support enforcement program may contract for the provision of these services in accordance with the applicable provisions of Chapter 17 of Subtitle III of Title 39 of the Louisiana Revised Statutes of 1950 and the Louisiana Procurement Code.
Acts 1997, No. 1121, §2, eff. Oct. 1, 1998; Acts 1999, No. 562, §1, eff. Oct. 1, 1999; Acts 2014, No. 864, §§4 and 5; Acts 2025, No. 477, §15, eff. Oct. 1, 2027.
A. When a court orders income to be withheld in accordance with R.S. 9:303 or R.S. 46:236.3, it shall order the income to be paid to the state disbursement unit within the department.
B. To redirect payments in accordance with R.S. 46:236.10, the department shall issue a notice to the obligor, obligee, and employer that income withheld for child support shall be paid to the state disbursement unit. A copy of the notice shall be filed with the court of continuing jurisdiction and the clerk of court shall file it in the appropriate case file.
C. The notice shall include all of the following:
(1) The name of the child and the name of the obligee.
(2) The caption and docket number of the case in which support is ordered.
(3) Instructions for the payment of support to the state disbursement unit.
D. The notice may be used by the department to redirect child support payments from the state disbursement unit of this state to the state disbursement unit of another state in accordance with 42 U.S.C. 654b.
Acts 2009, No. 241, §1; Acts 2010, No. 238, §4; Acts 2018, No. 206, §5.
A. No later than the second business day after the date the state disbursement unit receives a child support payment, it shall distribute the payment to the department or the obligee.
B. The state disbursement unit shall deposit daily, in a trust fund with the state treasurer, all child support payments received. In agreement with the state treasurer, the unit may issue checks from the trust fund.
Acts 2009, No. 241, §1.
A. The record of child support payments previously maintained by an obligee is the official record of a payment received directly by the obligee.
B. The record of child support payments maintained by the state disbursement unit is the official record of a payment received directly by the unit.
C. Upon the redirection of child support payments from an obligee to the state disbursement unit, an obligee may combine his records and a record of payments furnished by the unit to present a complete payment record to the court.
D. If the obligee does not add payments received by the state disbursement unit to the record maintained by the registry as provided by Subsection C of this Section, the official record of child support payments shall consist of the record previously maintained by the obligee for payments received directly by the obligee and the record maintained by the state disbursement unit for payments received directly by the unit.
E. A certified child support payment record produced by the state disbursement unit shall be admissible as self-authenticating and shall be prima facie proof of such payments.
Acts 2009, No. 241, §1.
A. Upon request, the state disbursement unit shall provide to an obligor or obligee a copy of the record of child support payments maintained by the unit. The record shall include the amounts and dates of all payments received from or on behalf of the obligor and disbursed to the obligee.
B. An obligor or obligee may request that the department investigate any alleged discrepancy between the child support payment record provided by the unit and the payment records maintained by the requestor. The obligor or obligee shall provide documentation of any alleged discrepancy, including a canceled check or other evidence of a payment or disbursement.
C. The department shall respond to a request regarding a discrepancy no later than twenty days after receipt. If after an investigation the department determines that the child support payment record maintained by the unit is not accurate, the record shall immediately be amended and the requestor shall be notified.
Acts 2009, No. 241, §1.
A.(1) In addition to any provision of this Subpart, and particularly the provisions of R.S. 46:236.6 and 236.7, when an obligor owes past-due support with respect to a child receiving state assistance, the department or the district attorney may request that a court issue an order requiring the obligor to pay support in accordance with an approved plan for parental participation of support.
(2) If the obligor is not incapacitated or disabled, the plan for parental participation of support shall include a requirement that the obligor engage in a work activity.
B. For purposes of this Section:
NOTE: Paragraph (B)(1) eff. until Oct. 1, 2027. See Acts 2025, No. 477.
(1) "Department" means the child support enforcement section, office of children and family services, Department of Children and Family Services.
NOTE: Paragraph (B)(1) as amended by Acts 2025, No. 477, eff. Oct. 1, 2027.
(1) "Department" means the office of child support, Department of Children and Family Services.
(2) "Past-due support" means the amount of court-ordered support for the support and maintenance of a child which has not been paid in accordance with the terms and conditions of the support order.
(3) "Plan for parental participation of support" means a plan approved by the court for the payment of support by the obligor.
(4) "State assistance" means assistance under a state program funded under Title IV-A of the Social Security Act.
(5) "Work activity" means such activities, as defined in 42 U.S.C. 607(d), as the court deems appropriate.
Acts 1997, No. 464, §1; Acts 2012, No. 255, §7; Acts 2025, No. 477, §15, eff. Oct. 1, 2027.
A. The Department of Children and Family Services or its designee, as defined in R.S. 46:236.1.1 et seq., shall have a privilege for executory child support arrears on an amount payable to an injured person, his heirs, or legal representatives, out of the total amount of any recovery or sum had, collected, or to be collected, whether by judgment or by settlement or compromise, from another person on account of such injuries, and on the amount payable by any insurance company under any contract providing for indemnity or compensation to the injured person.
B.(1) The privilege created herein shall become effective against the noticed person if and when, prior to the payment of insurance proceeds, or to the payment of any judgment, settlement, or compromise on account of injuries, a written notice containing the name and address of the injured person named in a pending legal proceeding wherein compensation for injuries is claimed by the injured person is served on or is sent by the department, certified mail, return receipt requested, to any of the following:
(a) The injured person.
(b) His attorney.
(c) Third person alleged to be liable to the injured person for the injuries sustained.
(d) To any insurance carrier which has insured such third person against liability.
(e) To any insurance company obligated by contract to pay indemnity or compensation to the injured person.
(2) The written notice shall be accompanied by a certified copy of the executory judgment of child support arrears.
C. Any person who, having received notice in accordance with the provisions hereof, pays over any monies subject to the privilege created herein, to any injured person, or to the attorney, heirs, or legal representatives of any injured person, shall be liable to the department for the amount of the executory judgment of child support arrears and any costs incurred to pursue this privilege. The liability created under this privilege shall not exceed the amount paid to the injured person, or to the attorney, heirs, or legal representatives of the injured person. The privileges created herein shall be paid in the order in which the third party receives notice of said privilege.
D. If the department fails to comply with the provisions of this Section, the privilege created shall be dissolved and ineffective.
E. The remedy herein provided is in addition to any other remedy otherwise available to enforce a support order. Relief under this Section shall not be denied, delayed, or otherwise affected because of the availability of other remedies, nor shall relief under any other provision of law be delayed or denied because of the availability of this remedy.
Acts 1997, No. 996, §1; Acts 2003, No. 1068, §9, eff. July 2, 2003.
A. The legislature finds that the ultimate success of child support establishment and enforcement actions depends on the accuracy of information regarding the obligor's current employment and that a significant number of obligors who are delinquent in their child support obligations change jobs frequently or work in seasonal or cyclical industries. The legislature further finds that enforcing child support orders through wage withholdings or other means against these obligors is difficult, as employment often terminates before the notice to withhold income reaches the employer. In these cases, information presently obtained from quarterly cross-matches or other sources is outdated and puts the state's Title IV-D programs several paces behind the obligor. The legislature further finds that reducing the gap between hiring and withholding for support enforcement can improve the Title IV-D programs' effectiveness and responsiveness.
B. As used in this Section, the following terms shall have the following meanings:
(1) "Employee" means an individual who is an employee within the meaning of Chapter 24 of the Internal Revenue Code of 1986. "Employee" does not include an employee of a federal or state agency performing intelligence or counterintelligence functions, if the head of such agency has determined the reporting pursuant to this Section with respect to the employee could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission.
(2) "Employer" has the meaning given such term in Section 3401(d) of the Internal Revenue Code of 1986 and any labor organization and any governmental entity except for any department, agency, or instrumentality of the United States.
(3) "Labor organization" has the meaning given such term in Section 2(5) of the National Labor Relations Act, and includes any entity which may be known as a "hiring hall" which is used by the organization and an employer to carry out requirements described in Section 8(f)(3) of that Act of an agreement between the organization and the employer.
(4) "Wage and claim information" has the meaning given such term under Section 303(h) of the Social Security Act.
C. The Department of Children and Family Services shall establish an automated directory known as the "state directory of new hires".
NOTE: Paragraph (D)(1)(intro. para.) eff. until Oct. 1, 2027. See Acts 2025, No. 477.
D.(1) An employer shall report to the Department of Children and Family Services, office of children and family services, child support enforcement section any of the following:
NOTE: Paragraph (D)(1)(intro. para.) as amended by Acts 2025, No. 477, eff. Oct. 1, 2027.
D.(1) An employer shall report to the Department of Children and Family Services, office of child support any of the following:
(a) The hiring of any person to whom the employer anticipates paying earnings.
(b) The rehiring or return to work of any employee who was laid off, furloughed, separated, granted a leave without pay, or terminated from employment.
(2) The Department of Children and Family Services shall secure either electronically or by hard copy all of the following:
(a) Wages and unemployment compensation information which is required to be submitted to the secretary of the United States Department of Labor for entry into the state directory of new hires.
(b) Any information reported to the Department of Revenue in accordance with R.S. 47:114.1.
E.(1) An employer shall submit the report required in Paragraph D(1) of this Section no later than twenty days after the hiring or rehiring of the employee.
(2)(a) If an employer transmits a report magnetically or electronically, two monthly transmissions shall be made not less than twelve days nor more than sixteen days apart.
(b) If an employer has employees who are employed in two or more states and transmits a report magnetically or electronically, the employer may comply with this Section by designating one of the states to which he shall report. The employer shall notify the Department of Children and Family Services in writing as to which state he will report.
(3) The report shall contain all of the following:
(a) The employee's name, address, social security number, and occupation, and the date services for remuneration were first performed by the employee.
(b) The employer's name, address, and employer identification number assigned under Section 6109 of the Internal Revenue Code of 1986.
(4) Each report required by this Section shall be made on a W-4 form, or, at the option of the employer, on an equivalent form. The report may be transmitted by first class mail, magnetically, or electronically.
F.(1) An employer who fails to report as required under this Section may be fined a civil penalty which shall not exceed twenty-five dollars.
(2) If the failure to report is the result of a conspiracy, as determined under state law, between the employer and the employee to withhold the required report or to supply a false or incomplete report the employer may be fined a civil penalty which shall not exceed five hundred dollars.
G.(1) The Department of Children and Family Services shall enter the information into the data base for the state directory of new hires no later than five days after receipt from an employer.
(2) The Department of Children and Family Services shall provide the data entered into the state directory of new hires to the national directory of new hires no later than three business days after the data entry.
(3) "Business day", for purposes of this Subsection, means a day on which state offices are open for regular business.
H.(1) The state directory of new hires shall conduct an automated comparison of the social security numbers reported by employers pursuant to this Section and the social security numbers appearing in the records of the state case registry.
(2) If a match is revealed with respect to the social security numbers in the state directory of new hires and is in the state case registry, the state directory of new hires shall provide the child support enforcement section with the employee's name, address, and social security number, and the employer's name, address, and employer's identification number.
I. The state directory of new hires shall furnish extracts of the reports concerning the wages and unemployment compensation paid to individuals to the national directory of new hires by such dates, in such format, and containing such information as the secretary of the United States Department of Health and Human Services shall specify in regulations.
J.(1) The Department of Children and Family Services shall use information received pursuant to this Section to locate individuals for purposes of establishing paternity and for establishing, modifying, and enforcing child support obligations. The Department of Children and Family Services may disclose the information received pursuant to this Section to any agent of the Department of Children and Family Services that is under contract to carry out such purposes.
(2) The Department of Children and Family Services shall provide access to information received pursuant to this Section for purposes of verifying eligibility for the program specified in Section 1137(b) of the Social Security Act.
(3) The Department of Children and Family Services shall provide access to the information received pursuant to this Section to Louisiana Works for the purposes of administering the employment security and workers' compensation programs.
Acts 1997, No. 97, §1, eff. Oct. 1, 1997; Acts 1999, No. 453, §1, eff. June 18, 1999; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2012, No. 255, §7; Acts 2012, No. 444, §1; Acts 2021, No. 285, §1, eff. July 1, 2021; Acts 2025, No. 477, §15, eff. Oct. 1, 2027.
A. Genetic testing.
NOTE: Paragraph (A)(1) eff. until Oct. 1, 2027. See Acts 2025, No. 477.
(1) In cases in which the Department of Children and Family Services, office of children and family services, child support enforcement section, referred to in this Section as "agency", is providing services, the agency may, in cases in which paternity is at issue, order all parties to submit to genetic testing.
NOTE: Paragraph (A)(1) as amended by Acts 2025, No. 477, eff. Oct. 1, 2027.
(1) In cases in which the Department of Children and Family Services, office of child support, referred to in this Section as "agency", is providing services, the agency may, in cases in which paternity is at issue, order all parties to submit to genetic testing.
(2) To order an alleged father to submit to genetic testing, the agency shall provide the alleged father with a notice by certified mail, personal service, or domiciliary service. The notice shall advise the alleged father that he has been named as the father of one child or more and list each child, each child's date of birth, and the mother of each child. The notice shall advise the alleged father that he is being ordered to submit to genetic testing and shall give the time and place where the genetic sample is to be taken. The date the genetic test is scheduled for shall be at least twenty days from the date of notice on the alleged father.
(3) Genetic test results obtained under this Section shall be admissible in any subsequent paternity proceedings.
(4) The agency shall serve both parties with the results of the genetic tests. If either party requests an additional test and pays in advance for the test, the agency shall order all the parties to submit to another genetic test.
(5) If the genetic test excludes the alleged father, the agency shall be precluded from taking any further action against him.
(6) The department shall take no further administrative action against an alleged father who refuses or fails to submit to genetic testing pursuant to this Subsection. However, nothing in this Subsection shall preclude the department from taking action in the appropriate court to establish paternity and requesting the court to order such party to submit to genetic testing in accordance with state law.
B. Subpoena authority.
The agency shall have the administrative authority to subpoena information needed to establish, modify, or enforce a support order, or to establish paternity, or to locate a non-custodial parent, and to impose penalties not to exceed twenty-five dollars for failure to respond to such a subpoena. To order such subpoena, the agency shall provide a written notice to the appropriate entity which has the information. The notice shall provide the entity with the appropriate statutory authority that allows the agency to issue the subpoena, and shall list the penalties for failure to comply. The entity shall also be given thirty days to file an appeal with the agency.
C. Access to information.
Notwithstanding any other provision of law, subject to the safeguards on privacy and information security, and subject to the nonliability of entities that afford such access according to this Subsection, the agency shall have the right to access information contained in the following records, including information maintained in automated databases, to assist in actions relating to the establishment of paternity or to the establishment, modification, or enforcement of support orders, without obtaining an order from any other judicial or administrative tribunal:
(1) Vital records, including marriage, birth, and divorce records.
(2) State and local tax and revenue records, including information on residence address, employer, income, and assets.
(3) Records concerning real and titled property.
(4) Employment security records.
(5) Corrections records.
(6) Records of occupational and professional licenses and records concerning the ownership and control of corporations, partnerships, and other business entities.
(7) Records of agencies administering public assistance programs.
(8) Records of the office of motor vehicles.
(9) The names and addresses of individuals who owe or are owed support, or against or with respect to whom a support obligation is sought, and the names and addresses of employers of such individuals, as appearing in customer records of electronic communications and Internet service providers, public utilities, cable television companies, and cellular telephone companies, pursuant to an administrative subpoena in accordance with Subsection B of this Section.
D. Authority to seize and intercept.
(1) In cases in which there is a child support arrearage or child support overpayment made to a custodial parent, and after notice of such arrearage or overpayment has been made by certified or regular mail, personal service, or domiciliary service, the agency shall have the administrative authority to:
(a) Intercept, encumber, freeze, or seize periodic or lump sum payments from a state or local agency or any entity licensed or permitted by any state agency or board under Chapters 1, 4, 5, or 7 of Title 27 of the Louisiana Revised Statutes of 1950, including but not limited to unemployment compensation benefits, workers' compensation, and other benefits, judgments, settlements, lottery winnings, progressive slot machine annuities beginning with the second annuity payment, cash gaming winnings, assets held in financial institutions, and public and private retirement funds. However, child support overpayments are excluded from recovery from unemployment compensation benefits. The provisions of R.S. 13:3881 providing general exemptions from seizure are applicable to the provisions of this Subparagraph. After the agency encumbers, intercepts, or freezes any assets set out in this Subsection, it shall notify the payor or custodial parent that he has thirty days to advise the agency that he wishes to appeal the seizing of the assets. Upon receipt of such notice, the agency shall either release the property or schedule a hearing in accordance with the Administrative Procedure Act. Such hearing may be conducted telephonically or by means of any other such electronic media. The sole issue at the administrative hearing shall be whether the payor is in compliance with an order of support or whether the custodial parent owes an overpayment of support. If the payor or custodial parent fails to file an appeal within thirty days, the agency may institute proceedings through administrative process to seize or sell the property in accordance with state law.
(b) Impose liens, force sale of property, and distribute proceeds in accordance with state law.
(2) Nothing in this Subsection shall grant administrative authority to the agency to place a lien, privilege, or legal mortgage on any licensed or titled motor vehicle.
E. Interstate cases.
The provisions of this Section shall also apply to the agency's handling of interstate cases when the agency has received, by electronic or other means, a request from another state to enforce a support order. Such transmittal shall constitute a certification by the requesting state of the amount of support under the order, the amount of arrears owed and that the requesting state has complied with all procedural due process requirements applicable to the case.
Acts 1997, No. 1248, §1, eff. July 1, 1997; Acts 2006, No. 121, §1, eff. June 2, 2006; Acts 2006, No. 375, §1, eff. June 15, 2006; Acts 2010, No. 425, §2, eff. June 22, 2010; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2012, No. 87, §1; Acts 2012, No. 255, §7; Acts 2016, No. 359, §1; Acts 2018, No. 194, §1; Acts 2025, No. 477, §15, eff. Oct. 1, 2027.
A. The director of the child support enforcement section, office of children and family services, Department of Children and Family Services may cause a "Child Support Mortgage and Privilege by Affidavit of DCFS", as provided in R.S. 13:4291(B), to be recorded in the mortgage records of any parish in which the support obligor owns movable or immovable property, and with the office of the secretary of state for inclusion in the master index authorized under R.S. 10:9-519. Such affidavit when filed shall operate as a first lien, privilege, and legal mortgage on all of the movable and immovable property of the support obligor only from the date of such filing, and shall not affect liens, privileges, chattel mortgages, or security interests as provided in R.S. 10:9-101 et seq. or mortgages already affecting or burdening such property at the date of such filing. Such filing shall apply to all unpaid support obligations that may accrue after such filing, and the property of the support obligor shall be subject to seizure and sale for the payment of such support obligation and arrearages according to the preference and rank of the lien, privilege, security interest, and mortgage securing their payment. Notwithstanding any provision of this Subsection, such affidavit shall not operate as a lien, privilege, or legal mortgage on any licensed or titled motor vehicle.
B. The director of the child support enforcement section, office of children and family services, Department of Children and Family Services, or his designee, may release all or any portion of the property subject to any lien or judgment obtained pursuant to this Section from such lien or judgment, or may subordinate such lien or judgment to other liens and encumbrances if he determines that the support obligation and arrearages are sufficiently secured by a lien or judgment on other property or through other security, or that the release, partial release, or subordination of such lien or judgment will not endanger or jeopardize the collection of support obligations or arrearages.
NOTE: §236.16 as amended by Acts 2025, No. 477, eff. Oct. 1, 2027.
§236.16. Child support mortgage and privilege by affidavit; effect of filing
A. The program executive director of the office of child support, Department of Children and Family Services may cause a "Child Support Mortgage and Privilege by Affidavit of DCFS", as provided in R.S. 13:4291(B), to be recorded in the mortgage records of any parish in which the support obligor owns movable or immovable property, and with the office of the secretary of state for inclusion in the master index authorized under R.S. 10:9-519. Such affidavit when filed shall operate as a first lien, privilege, and legal mortgage on all of the movable and immovable property of the support obligor only from the date of such filing, and shall not affect liens, privileges, chattel mortgages, or security interests as provided in R.S. 10:9-101 et seq. or mortgages already affecting or burdening such property at the date of such filing. Such filing shall apply to all unpaid support obligations that may accrue after such filing, and the property of the support obligor shall be subject to seizure and sale for the payment of such support obligation and arrearages according to the preference and rank of the lien, privilege, security interest, and mortgage securing their payment. Notwithstanding any provision of this Subsection, such affidavit shall not operate as a lien, privilege, or legal mortgage on any licensed or titled motor vehicle.
B. The assistant secretary of the office of child support, Department of Children and Family Services, or his designee, may release all or any portion of the property subject to any lien or judgment obtained pursuant to this Section from such lien or judgment, or may subordinate such lien or judgment to other liens and encumbrances if he determines that the support obligation and arrearages are sufficiently secured by a lien or judgment on other property or through other security, or that the release, partial release, or subordination of such lien or judgment will not endanger or jeopardize the collection of support obligations or arrearages.
Acts 1997, No. 1118, §2; Acts 2001, No. 128, §16, eff. July 1, 2001; Acts 2012, No. 255, §7; Acts 2025, No. 477, §15, eff. Oct. 1, 2027.
NOTE: Subsection A eff. until Oct. 1, 2027. See Acts 2025, No. 478.
A. Creation. There is hereby established a Kinship Care Subsidy Program in the office of children and family services of the Department of Children and Family Services, for the purpose of assisting eligible kinship caregivers, including grandparents, step-grandparents, or other adult relatives within the fifth degree who have legal custody or guardianship of their minor relatives.
NOTE: Subsection A as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
A. Creation. There is hereby established a Kinship Care Subsidy Program in Louisiana Works for the purpose of assisting eligible kinship caregivers, including grandparents, step-grandparents, or other adult relatives within the fifth degree who have legal custody or guardianship of their minor relatives.
B. Definitions. For purposes of this Section:
(1) "Adult paraphernalia store" means an establishment that has as a substantial or significant portion of its stock clothing, objects, tools, toys, or any other items distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement.
(2)(a) "Amusement attraction" means a movie theater, video arcade, or any other building, structure, or place principally devoted to activities providing amusement, pleasure, thrills, or excitement.
(b) "Amusement attraction" does not include any enterprise principally devoted to the exhibition of products of agriculture, industry, education, including zoos and aquariums, science, religion, sports, or the arts.
(3) "Amusement ride" means any mechanized device or combination of devices which carries passengers along, around, or over a fixed or restricted course for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. "Amusement ride" includes inflatables.
(4) "Automated teller machine" means an electronic hardware device that is capable of dispensing currency and responding to balance inquiries through the use of a magnetic stripe card issued by or on behalf of the state for distribution of assistance through an electronic benefits transfer system as described in Subpart A of this Part.
(5) "Bail" means security given by a person to assure his appearance, or the appearance of a third party, before the proper court whenever required.
(6) "Bar" means a business that holds a Class A-General retail permit and the primary purpose of such business is to serve alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages. Bars include, without limitation, taverns, saloons, nightclubs, cocktail lounges, and cabarets.
(7) "Cash assistance" means funds that the department provides through the Family Independence Temporary Assistance Program and the Kinship Care Subsidy Program to eligible beneficiaries for the purpose of assisting those persons in meeting ongoing basic needs.
(8) "Commercial body art facility" means any location, place, area, or business, whether permanent or temporary, that provides consumers access to personal services workers who for remuneration perform any of the following procedures:
(a) Tattooing or inserting pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, to produce an indelible mark or figure visible under the skin.
(b) Body piercing or the creation of an opening in the body of a human being for the purpose of inserting jewelry or other decoration. For purposes of this Section, "body piercing" does not include piercing an ear with a disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear.
(c) Application of permanent cosmetics or pigments under the skin of a human being for the purpose of permanently changing the color or other appearance of the skin, including but not limited to permanent eyeliner, eye shadow, or lip color.
(9) "Cruise ship" means any commercial ship used for the domestic or international carriage of passengers.
(10) "Electronic benefits transfer transaction" and "EBT transaction" mean the use of a credit or debit card service, automated teller machine, point-of-sale terminal, or access to an online system for the withdrawal of funds.
(11)(a) "Gaming establishment" means a gambling casino and any other establishment which provides gaming activities that are subject to regulation by the Louisiana Gaming Control Board.
(b) "Gaming establishment" does not include either of the following:
(i) A grocery store that sells groceries including staple foods and that also offers, or is located within the same building or complex as, casino activities, gambling, or gaming activities.
(ii) Any establishment that offers casino, gambling, or gaming activities that are incidental to the principal purpose of the business.
(12) "Jewelry" means an object or thing consisting of precious stones or precious metals worn as adornment or apparel, including costume jewelry.
(13) "Kinship caregiver" means the grandparent, step-grandparent, aunt, uncle, or other adult relative within the fifth degree of consanguinity.
(14)(a) "Liquor store" means any retail establishment that sells exclusively or primarily intoxicating liquor.
(b) "Liquor store" does not include a grocery store that sells both intoxicating liquor and groceries, including staple foods.
(15) "Minor relative" means a grandchild, step-grandchild, or other minor relative not the natural or adopted child of the kinship caregiver who is under eighteen years of age and who meets the definition of "dependent child" specified in R.S. 46:231.
(16) "Nail salon" means a commercial establishment that provides nail services of any kind including but not limited to trimming, filing, decorating, shaping, sculpting, or in any way caring for the nails and skin of a person's hands or feet together with massaging the hands, arms, legs, and feet.
(17) "Point-of-sale terminal" means an electronic hardware device that meets all of the following criteria:
(a) May be utilized at a retailer's place of business where consumers pay for goods or services.
(b) Is capable of the following:
(i) Initiating a request for authorization of a purchase of tangible personal property.
(ii) Disbursing currency from an account.
(iii) Initiating a balance inquiry for an account.
(iv) Distributing assistance through an electronic benefits transfer system as described in Subpart A of this Part.
(18) "Psychic" means any person or establishment engaged in the occupation of occult science including a fortune teller, palmist, astrologist, numerologist, clairvoyant, craniologist, phrenologist, card reader, spiritual reader, tea leaf reader, prophet, or advisor who in any manner claims or pretends to tell fortunes or claims or pretends to disclose mental faculties of individuals for any form of compensation.
(19) "Sexually oriented business" means any commercial enterprise that has as its primary business the offering of a service or the sale, rent, or exhibit of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.
C. Eligibility. To be eligible to qualify for a subsidy under the program, a kinship caregiver of a minor relative shall meet the following requirements:
(1) Possess or obtain, within one year of enrolling in the program, legal custody or guardianship of a minor relative who is living in his home.
(2) Have an annual income of less than one hundred fifty percent of the federal poverty threshold, in accordance with the size of the family applying for the subsidy.
(3) Apply for benefits through the Family Independence Temporary Assistance Program (FITAP).
(4) Have neither of the minor relative's parents residing in applicant's household.
(5) Agree to pursue the enforcement of child support obligations against the parents of the minor relative with the assistance of the Department of Children and Family Services in accordance with applicable law.
D. Repealed by Acts 2017, No. 265, §2, eff. Oct. 1, 2017.
NOTE: Subsections (E)-(G) eff. until Oct. 1, 2027. See Acts 2025, No. 478.
E. Subsidy amounts. The office of children and family services shall promulgate rules and regulations to establish the amount of the subsidy to be awarded on behalf of each minor relative.
F. Rules, regulations, and procedures. The office of children and family services shall promulgate rules and regulations to provide for any other eligibility requirements which are reasonably necessary to administer the Kinship Care Subsidy Program in accordance with this Section and any federal requirements, to promote the safety and well-being of any minor relative for whom subsidies are issued, and to establish procedures for reconsideration of eligibility of applicants no less than annually.
G. Administration and funding. The subsidy provided for in this Section shall be administered by the office of children and family services and funded through the TANF block grant.
NOTE: Subsections (E)-(G) as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
E. Subsidy amounts. Louisiana Works shall promulgate rules and regulations to establish the amount of the subsidy to be awarded on behalf of each minor relative.
F. Rules, regulations, and procedures. Louisiana Works shall promulgate rules and regulations to provide for any other eligibility requirements which are reasonably necessary to administer the Kinship Care Subsidy Program in accordance with this Section and any federal requirements, to promote the safety and well-being of any minor relative for whom subsidies are issued, and to establish procedures for reconsideration of eligibility of applicants no less than annually.
G. Administration and funding. The subsidy provided for in this Section shall be administered by Louisiana Works and funded through the TANF block grant.
H. Prohibited uses of benefits. (1) A recipient of Kinship Care Subsidy Program benefits shall not use such benefits in an electronic benefits transfer transaction in any of the following places:
(a) A liquor store.
(b) A gaming establishment.
(c) A retail establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment purposes.
(d) An adult bookstore.
(e) An adult paraphernalia store.
(f) A sexually oriented business.
(g) A commercial body art facility.
(h) A nail salon.
(i) A jewelry store.
(j) An amusement ride.
(k) An amusement attraction.
(l) A bail bonds company.
(m) A bar.
(n) A cruise ship.
(o) A psychic business.
(p) An establishment where persons under eighteen years of age are not permitted to enter.
(2) A recipient of Kinship Care Subsidy Program benefits shall not use such benefits in any electronic benefits transfer transaction at a retailer for the purchase of any of the following:
(a) An alcoholic beverage as defined in R.S. 14:93.10.
(b) A tobacco product as defined in R.S. 14:91.6(B).
(c) A ticket for a lottery as defined in R.S. 47:9002.
(d) Jewelry as defined in R.S. 46:231.
(3) The Kinship Care Subsidy Program case of any recipient who violates the provisions of this Section shall be closed in accordance with the following schedule:
(a) Case closure for a period of twelve months for the first violation.
(b) Case closure for a period of twenty-four months for the second violation.
(c) Permanent case closure for the third violation.
(d) A recipient whose Kinship Care Subsidy Program case is closed pursuant to the provisions of this Subsection shall have the right to a hearing pursuant to the Administrative Procedure Act.
Acts 1999, No. 990, §1, eff. July 9, 1999; Acts 2001, No. 857, §1, eff. June 26, 2001; Acts 2014, No. 842, §1, eff. June 23, 2014; Acts 2017, No. 265, §2, eff. Oct. 1, 2017; Acts 2018, No. 206, §5; Acts 2025, No. 478, §13, eff. Oct. 1, 2027.
A. The legislature hereby finds and declares that the enforcement of child support orders and the collection of child support is in the best interest of its citizens by providing resources for the children who are the beneficiaries of those payments and by relieving burdens upon the public fisc. The legislature further declares that the cooperative endeavors authorized by this Section are for a public purpose as envisioned by Article VII, Section 14(C) of the Louisiana Constitution.
NOTE: Subsections (B)-(E)(intro. para.) eff. until Oct. 1, 2027. See Acts 2025, No. 477.
B. The Department of Children and Family Services, office of children and family services, may participate in cooperative endeavors with private attorneys to release information authorized by this Section for the purpose of collecting unpaid child support in accordance with the provisions of this Section.
C. When a private attorney retained by the obligee receives a certification from the office of children and family services that an obligor is in arrears in the payment of child support for more than six months or whose whereabouts have been unknown for more than six months, the private attorney retained by the obligee may apply to the district court for the parish where the order is being enforced for an ex parte order on a motion to determine that the obligor is in arrears or is an absentee.
D. If the court finds that the obligor is in arrears for more than six months or whose whereabouts have been unknown for more than six months, the court may authorize the office of children and family services to enter into cooperative endeavors with a private attorney who has been retained by the obligee for the purpose of collecting the unpaid child support in the obligee's case.
E. Pursuant to a cooperative endeavor authorized by the provisions of this Section and to the extent allowed by state and federal laws and regulations, the office of children and family services shall provide to a private attorney who has been retained by the obligee for the purpose of collecting unpaid child support all of the following information that it may have regarding the obligor:
NOTE: Subsections (B)-(E)(intro. para.) as amended by Acts 2025, No. 477, eff. Oct. 1, 2027.
B. The Department of Children and Family Services, office of child support, may participate in cooperative endeavors with private attorneys to release information authorized by this Section for the purpose of collecting unpaid child support in accordance with the provisions of this Section.
C. When a private attorney retained by the obligee receives a certification from the office of child support that an obligor is in arrears in the payment of child support for more than six months or whose whereabouts have been unknown for more than six months, the private attorney retained by the obligee may apply to the district court for the parish where the order is being enforced for an ex parte order on a motion to determine that the obligor is in arrears or is an absentee.
D. If the court finds that the obligor is in arrears for more than six months or whose whereabouts have been unknown for more than six months, the court may authorize the office of child support to enter into cooperative endeavors with a private attorney who has been retained by the obligee for the purpose of collecting the unpaid child support in the obligee's case.
E. Pursuant to a cooperative endeavor authorized by the provisions of this Section and to the extent allowed by state and federal laws and regulations, the office of child support shall provide to a private attorney who has been retained by the obligee for the purpose of collecting unpaid child support all of the following information that it may have regarding the obligor:
(1) Social security number.
(2) Address.
(3) Driver's license number.
(4) Information from hunting licenses.
(5) Tax records.
(6) Information from professional licenses.
NOTE: Paragraph (E)(7) eff. until Oct. 1, 2027. See Acts 2025, No. 477.
(7) Any other information which the office of children and family services reasonably believes will assist in the collection of child support.
NOTE: Paragraph (E)(7) as amended by Acts 2025, No. 477, eff. Oct. 1, 2027.
(7) Any other information which the office of child support reasonably believes will assist in the collection of child support.
(8) Information received from other states through interstate registration of support orders.
NOTE: Subsection F eff. until Oct. 1, 2027. See Acts 2025, No. 477.
F. Nothing in this Section shall authorize the Department of Children and Family Services or the child support enforcement section to contract for hire with any private attorney or entity for the collection of child support or the provision of IV-D services.
NOTE: Subsection F as amended by Acts 2025, No. 477, eff. Oct. 1, 2027.
F. Nothing in this Section shall authorize the Department of Children and Family Services or the office of child support to contract for hire with any private attorney or entity for the collection of child support or the provision of IV-D services.
G. Any district attorney under contract to the Department of Children and Family Services to provide child support services shall not be authorized to release information to a private attorney under the provisions of this Section.
H. Nothing in this Section shall limit the Department of Children and Family Service's contractual authority.
Acts 1999, No. 1003, §1; Acts 2012, No. 255, §7; Acts 2025, No. 477, §15, eff. Oct. 1, 2027.
Repealed by Acts 1997, No. 1155, §3, eff. July 1, 1997.
Repealed by Acts 1997, No. 1155, §3, eff. July 1, 1997.
Repealed by Acts 2022, No. 252, §4.
REPEALED BY ACTS 1993, NO. 468, §2, EFF. JUNE 9, 1993.
REPEALED BY ACTS 1993, NO. 468, §2, EFF. JUNE 9, 1993.
REPEALED BY ACTS 1993, NO. 864, §1.
REPEALED BY ACTS 1993, NO. 864, §1.
REPEALED BY ACTS 1993, NO. 864, §1.
REPEALED BY ACTS 1993, NO. 864, §1.
REPEALED BY ACTS 1993, NO. 864, §1.
REPEALED BY ACTS 1993, NO. 864, §1.
REPEALED BY ACTS 1993, NO. 864, §1.
REPEALED BY ACTS 1993, NO. 864, §1.
REPEALED BY ACTS 1993, NO. 864, §1.
The provisions of this Subpart shall apply to persons who contract with the office of children and family services of the Department of Children and Family Services to provide temporary or long-term foster care for not more than six children.
NOTE: §281 as amended by Acts 2025, No. 477, eff. Oct. 1, 2027.
§281. Applicability
The provisions of this Subpart shall apply to persons who contract with the Department of Children and Family Services to provide temporary or long-term foster care for not more than six children.
Added by Acts 1978, No. 741, §1; H.C.R. 115, 2001 R.S; Acts 2025, No. 477, §15, eff. Oct. 1, 2027.
A. The Department of Children and Family Services, office of children and family services, shall investigate the background of each person who applies to be a foster or adoptive parent of a child in foster care. The investigation required by this Section shall include but shall not be limited to a determination of whether the applicant or any adult member of the applicant's household has been charged with a crime and, if so, the disposition of those charges. The office shall require each applicant and adult family member to provide fingerprints and such authorization as is necessary to conduct state and national criminal history record checks and to obtain any other information required to complete the investigation. The department is authorized to promulgate regulations as may be necessary to conduct the criminal history record checks authorized in this Section.
B. The office of children and family services shall request such information and assistance from federal, state, or local governmental agencies as is necessary to complete the investigation required by this Section. Only information which bears a reasonable relation to the performance of the duties of a foster parent shall be requested.
C. The office of children and family services shall not require an applicant to provide any physical identity materials other than photographs or fingerprints. Such materials shall be returned to the applicant upon completion of the investigation, and no copy of such materials may be retained by the office or by any agency to which such identity materials were transmitted.
D. All inquiries from persons wishing to contract to care for foster children shall be responded to within three working days of the inquiry. The response shall either be the mailing of application forms or the scheduling and notification of a foster parent orientation meeting to be held within twenty-one days of the inquiry. Upon receipt of a completed application form, the background and fitness investigation concerning the prospective foster parents shall be completed and a determination regarding fitness made within ninety days of the receipt of a properly completed application, provided that the department may extend the investigatory period for the purpose of allowing potential foster parents to come into compliance with program standards. The applicants shall be notified of the determination within ten days of its completion.
Added by Acts 1978, No. 741, §1. Acts 1983, No. 710, §1; Acts 1997, No. 1349, §2; H.C.R. 115, 2001 R.S.
A. The office of children and family services shall determine the fitness and eligibility of each person who applies for a contract to provide foster care services to which the provisions of this Subpart apply.
B. The office of children and family services may award a contract for foster care services to any person who is determined to be eligible for such contracts, but no contract shall be awarded prior to such determination.
C.(1)(a) No new contract for foster care services shall be awarded to any person who has not completed a training program approved by the department, that includes but is not limited to the following areas:
(i) Obtaining needed services for foster children.
(ii) Discipline and foster children.
(iii) Legal aspects of foster care.
(iv) Working with parents and the agency.
(v) Knowledge and skills relating to the reasonable and prudent parent standard for participation by the child in age- or developmentally-appropriate activities as defined in Subsection D of this Section.
(b) The Department of Children and Family Services shall provide such training through its own personnel or by contracting with outside persons or agencies.
(2)(a) Notwithstanding the provisions of Paragraph (1) of this Subsection, in emergency situations, relatives and friends of the foster child who have applied to be foster parents and who appear to meet eligibility criteria for such foster homes may be certified by the department for one ninety-day period without such training.
(b) All other foster parent applicants may be certified in emergency situations by the department for one ninety-day period provided that such applicants have:
(i) Participated in a home visit by the department.
(ii) Met requirements for a criminal record clearance.
(iii) Completed at least one-half of the preservice training.
(c) One ninety-day extension may be granted by the department in emergency situations when it judges such extension to be in the best interests of the foster child. There shall be no more than one ninety-day extension granted under the provisions of this Section.
(d) The department may establish separate minimum training requirements for relatives of a foster child or foster parents certified to care only for a specific child or children in those homes not open to placement of other children. These minimum requirements shall include ten hours of preservice training as specified in Paragraph (C)(1), requirements for a criminal records clearance as specified in Item (C)(2)(b)(ii), participation with the department in periodic home visits and legally mandated status reviews, and annual training as prescribed in the child's service plan at the status review.
(3) The provisions of Paragraph (1) of this Subsection shall not apply to persons acting as foster parents prior to the effective date of this Subsection.
D.(1) For purposes of this Section, the following definitions shall apply:
(a) "Age- or developmentally-appropriate" means activities or items that are generally accepted as suitable for children of the same chronological age or level of maturity, or that are determined to be developmentally appropriate for a child, based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group; and in the case of a specific child, activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical, and behavioral capacities of the child.
(b) "Caregiver" means a person with whom the child is placed in foster care, or a designated official for a child residential facility licensed by the state.
(c) "Reasonable and prudent parent standard" means the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while at the same time encouraging the emotional and developmental growth of the child, that a caregiver shall use when determining whether to allow a child in foster care under the responsibility of the state to participate in extracurricular, enrichment, cultural, social, and sporting activities.
(2) Nothing in this Section shall be construed to authorize any decision that conflicts with the residual parental rights, as defined in Children's Code Article 116, of a parent of a child.
E.(1) Each caregiver shall use the reasonable and prudent parent standard in determining whether to give permission for a child living in foster care under the responsibility of the state to participate in extracurricular, enrichment, cultural, social, or sporting activities.
(2) When using the reasonable and prudent parent standard, the caregiver shall consider all of the following:
(a) The child's age, maturity, and developmental level in order to maintain the overall health and safety of the child.
(b) The potential risk factors and the appropriateness of the extracurricular enrichment, cultural, social, or sporting activity.
(c) The best interest of the child, based on information known by the caregiver.
(d) The importance of encouraging the child's emotional and developmental growth.
(e) The importance of providing the child with the most family-like living experience possible.
(f) The behavioral history of the child and the child's ability to safely participate in the proposed activity.
F. Each child in foster care shall be allowed to travel out of state with his foster parent or another department-approved adult so long as the foster parent confirms with the department in advance of the departure date that no reason exists to prevent such travel and provides a travel itinerary to the department.
G.(1) A foster caregiver who approves a foster child's participation in an age- and developmentally-appropriate extracurricular, enrichment, cultural, social, or sporting activity is not liable for harm caused to the child at such activity, provided that the caregiver has acted in accordance with the reasonable and prudent parent standard.
(2) Nothing in this Section shall be construed to remove or limit any existing liability protection afforded by law.
Added by Acts 1978, No. 741, §1. Acts 1983, No. 710, §1; Acts 1987, No. 595, §1, eff. July 9, 1987; Acts 1995, No. 696, §1, eff. June 21, 1995; H.C.R. 115, 2001 R.S; Acts 2015, No. 124, §2, eff. June 19, 2015; Acts 2015, No. 278, §2, eff. June 29, 2015; Acts 2015, No. 310, §1.
A. Any information derived from the investigation required by this Subpart, including the source of information, and any conclusions or recommendations based on the information shall be confidential, shall not be transmitted outside of the office of community services, and shall not be transmitted within that office except to the extent necessary for the purpose of evaluating the application. Such information shall be made available, upon request of the applicant, to the applicant or his designee, except as prohibited from disclosure by R.S. 46:56.
B. Whoever violates any provision of this Section shall be punished by imprisonment for not more than six months or a fine of not more than five hundred dollars, or both.
Added by Acts 1978, No. 741, §1. Acts 1995, No. 696, §1, eff. June 21, 1995.
A. No employee of the Department of Children and Family Services, office of children and family services, with direct responsibility for cases dealing with families and children after January 1, 1984, shall exercise responsibility for any cases until that employee has completed a training program consisting of at least thirty-two hours of instruction, addressing such appropriate topics as:
(1) Causes and effects of child abuse and neglect.
(2) Legal aspects of child protection and foster care including the legal duties of the representatives, which may consist of various methods of informing such representatives of such duties, in order to protect the constitutional and statutory rights and safety of children and families from the initial time of contact during investigation through treatment.
(3) Treatment of abused and neglected children.
(4) Treatment of abusive and neglectful parents.
(5) Permanency planning for children.
(6) Training to ensure that workers are knowledgeable in best practices for promoting collaboration with families and that they are fully aware of the extent and the limits of their legal authority and the legal rights of parents in carrying out such investigations. Training shall include legal duties of workers to protect the constitutional and statutory rights of children and families from the initial time of contact during investigation through treatment.
B. All representatives or employees of the Department of Children and Family Services shall, at the initial time of contact with the individual subject to a child abuse and neglect investigation, advise the individual of the specific complaints or allegations made against the individual in a manner that is consistent with laws protecting the rights of the informant.
C. Any employee hired on or after July 1, 2010, who has graduated from a Council on Social Work Education accredited program of social work certifying that the employee has completed course work and demonstrated competency in the core areas of effective child welfare practice, including successful completion of a child welfare specific internship, shall be deemed to have met the thirty-two hour training requirement specified in Subsection A of this Section and may begin exercising responsibility for cases under agency supervision. The Department of Children and Family Services in partnership with the Louisiana University Child Welfare Workforce Alliance shall define the core competencies, which shall include but not be limited to the competencies set forth in Subsection A of this Section, of effective child welfare practice. The Department of Children and Family Services shall be specifically authorized to promulgate rules and regulations, pursuant to the Administrative Procedure Act, which may be necessary to effect the provisions of this Section.
D. Within six months following the commencement of responsibility for cases, each employee designated in Subsection A of this Section shall complete a training program consisting of thirty-two hours of job-related instruction in addition to the training required in Subsection A of this Section.
E. Notwithstanding the provisions of Subsections A and D of this Section, employees of the office of children and family services shall be permitted to exercise responsibility for cases on an emergency basis prior to the completion of required training if the unavailability of these employees pending such training would result in the agency's inability to meet the needs of abused or neglected children or to satisfy legal mandates, provided that appropriate training may not be delayed beyond sixty days.
F. Within the second and third full year of employment, each child protection caseworker and supervisor or foster care caseworker or supervisor as designated in Subsection A of this Section, shall receive thirty-two hours of in-service training annually, relevant to providing child welfare services.
G. Following completion of three full years of child welfare casework experience, each employee as designated in Subsection A of this Section, shall receive at least twenty hours of in-service training annually, relevant to providing child welfare services.
H. The Department of Children and Family Services shall provide such training through its own personnel, partnerships with universities, or by contracting with outside persons or agencies.
I. The Department of Children and Family Services may continue incentive pay schedules established by the Department of State Civil Service to compensate social work personnel with selected graduate degrees at a higher rate than other persons without such specialized advanced degrees as provided by the Department of State Civil Service and the State Civil Service Commission.
Added by Acts 1983, No. 710, §1; Acts 1990, No. 432, §1, eff. July 18, 1990; Acts 1995, No. 696, §1, eff. June 21, 1995; Acts 2004, No. 729, §1; Acts 2010, No. 76, §1, eff. June 1, 2010; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2018, No. 206, §5.
The Department of Children and Family Services shall establish a system for reimbursement of foster home child care costs based on the level of care for all foster children placed in foster homes providing temporary or long-term foster care for not more than six children receiving the services of the department. The department shall promulgate rules for implementation of the reimbursement system by January 1, 1995, but only if funds are made available by appropriation by the legislature, and shall submit such rules to the committees on health and welfare of the House of Representatives and the Senate in accordance with the Administrative Procedure Act. At a minimum, the department shall seek each year through the budgetary process funds sufficient to reimburse foster parents at a rate at least equal to the cost for child care as reported and published by the United States Department of Agriculture for the Southeastern United States.
Acts 1993, No. 848, §1; Acts 2018, No. 206, §5.
A. As used in this Section the following terms shall have the following meaning:
(1) "Department" means the Department of Children and Family Services.
(2) "Foster parent" means any person with whom a child in the care, custody, or guardianship of the office of children and family services is placed for temporary or long-term care of not more than three years, but shall not include any person with whom a child is placed for the purpose of adoption.
(3) "Office" means the office of children and family services of the Department of Children and Family Services.
B. There is hereby established a Kinship Foster Care Program in the office of children and family services of the Department of Children and Family Services.
C.(1) Except as provided by Paragraph (2) of this Subsection, when a child has been removed from his home and is in the care, custody, or guardianship of the office of children and family services, the office shall make reasonable attempts to place the child with a relative for kinship foster care. If the relative is approved by the office to provide foster care services, in accordance with rules and regulations adopted by the Department of Children and Family Services regarding foster care services and a placement with the relative is made, the relative shall be eligible to receive payment for the full foster care rate for the care of the child and any other benefits that might be available to foster parents, whether in money or in service. The reimbursement rate shall be in accordance with the system established by the department pursuant to R.S. 46:286.
(2) A relative who has been granted legal custody or guardianship over the child shall not be eligible to participate in kinship foster care.
(3) A relative may continue to be eligible for foster care reimbursement for caring for a child in the care, custody, or guardianship of the office of children and family services beyond three years when:
(a) The child cannot safely return home.
(b) Adoption has been determined not to be an appropriate or legally viable permanent plan for the child in accordance with the best interest of the child.
(c) Other higher priority permanency options for the child, including placement with a legal guardian or in the legal custody of a relative willing and able to offer a safe, wholesome, and stable home for the child, have also been determined not to be appropriate and in the best interest of the child.
(d) The department has documented a compelling reason for the child to remain in foster care on a long-term basis, the relative has committed to a permanent, lifetime relationship with the child and parenting the child through minority, and the juvenile court has determined in accordance with Louisiana Children's Code Article 702 that long-term foster care is the most appropriate permanent plan for the child.
D. The office of children and family services shall establish, in accordance with the provisions of this Section, eligibility standards for becoming a kinship foster parent including the following:
(1) Relatives within at least the second degree to the parent or step-parent of a child who may be related through blood or marriage may be eligible for approval as a kinship foster parent.
(2) The kinship foster parent shall be twenty-one years of age or older, except that if the spouse or partner of the relative is twenty-one years of age or older and living in the home, and the relative is between eighteen and twenty-one years of age, the office of children and family services shall waive the age requirement.
E.(1) A person shall be eligible to become a kinship foster parent only upon the completion of an investigation to ascertain if there is a state or federal record of criminal history for the prospective kinship foster parent or any other individual residing in the prospective parent's home.
(2) The office of children and family services shall conduct the investigation required by this Section and shall require each prospective kinship foster parent to provide such information as is necessary to obtain the information required to complete the investigation. The office of children and family services shall request such information and assistance from federal, state, and local governmental agencies as necessary to complete the investigation. Only information which bears a reasonable relation to the performance of the duties of a kinship foster parent shall be considered.
(3) Any confidential information obtained pursuant to this Subsection shall remain confidential.
F. The office of children and family services shall determine whether the person is able to care effectively for the child by completing all of the following:
(1) Reviewing personal and professional references.
(2) Observing the kinship foster parent with household members during a home visit.
(3) Interviewing the kinship foster parent.
G. The office of children and family services and the kinship foster parent shall develop a case plan for the foster care of the child, which shall be periodically reviewed and updated. If the plan includes the use of an approved day care center or family day care home, the office of children and family services shall pay for child care arrangements, according to the rates established by the department, but only if funds are made available by appropriation by the legislature. The kinship foster parent shall cooperate with any activities specified in the case plan for the foster child, such as counseling, therapy, court sessions, or visits with the foster child's parents or other family members. The kinship foster parent shall also cooperate and assist in efforts to achieve a safe, permanent home for the child.
H. The kinship foster parent shall have all the rights and privileges afforded a guardian or legal custodian for any child placed in his or her care, including access to the school and medical records of any such child.
I. The kinship foster parent shall seek enforcement of child support from the parents of a child in his or her care with the assistance of the department in accordance with applicable law.
J. The secretary of the Department of Children and Family Services shall adopt rules and regulations necessary to carry out the provisions of this Section in accordance with the Administrative Procedure Act.
Acts 1997, No. 1374, §1; Acts 2000, 1st Ex. Sess., No. 22, §1.
A. Except as provided in Subsection B of this Section, for a child placed into foster care, as defined in Children's Code Article 603, the Department of Children and Family Services shall obtain one of the following no later than ninety days after the placement of the child in the custody of the state:
(1) For a child age fourteen or older, a special identification card issued for the child pursuant to R.S. 40:1321.
(2) For a child younger than age fourteen or a child who does not qualify for a special identification card, a photograph of the child.
B. If the Department of Children and Family Services is unable to comply with the provisions of Subsection A of this Section due to the child's incarceration, elopement, physical or mental disability, or specialized placement where the child cannot be transported, or upon approval of the court, the department shall obtain the special identification card or photograph no later than ninety days from the date the condition preventing compliance ceases to exist.
Acts 2022, No. 120, §1, eff. May 25, 2022.
This Subpart may be cited as the "Foster Parents' Bill of Rights".
Acts 2006, No. 439, §1.
Foster parents are recognized as primary care givers to abused and neglected children who have been removed from their homes of origin. The Department of Children and Family Services shall implement and promote the support of these rights through the policy and practice of the Department of Children and Family Services.
Acts 2006, No. 439, §1.
Foster parents shall be entitled to the following rights granted to them by the Department of Children and Family Services:
(1) The right to be treated with dignity, respect, trust, and consideration as a primary provider of foster care and a member to the professional team caring for foster children. This right includes the right to uniform treatment throughout the state by the department in the providing of information to foster parents and in ensuring the exercise of the rights granted to foster parents.
(2) The right to receive explanation and clarification as to the expectations and roles of all team members and to receive evaluation and feedback on their role as foster caregiver. Information provided to foster parents by the department shall include written information explaining the rights and duties of foster parents, and a record shall be kept by the department showing the signatures of the foster parents acknowledging receipt of this information.
(3) The right to receive all information on a child, at placement, and on an ongoing basis, that could impact the care provided the child, the health, and safety of the child and foster family members. Information shall include the case plan and the health, medical, educational, legal, and social history as known to the Department of Children and Family Services to better meet the needs of children in their care.
(4) The right to receive the necessary training and support to enable them to provide quality services in meeting the needs of children in their care, including reasonable relief and respite, as allowed by agency resources.
(5) The right to be informed of available support services, case planning meetings, court hearings, and other decisionmaking meetings in a timely manner in recognition of the importance of their role as foster caregivers. This includes information concerning participation as foster caregivers in legal and administrative actions as authorized by law.
(6) The right to actively participate in the development of the child's case plan, educational plan, and in other service planning decisionmaking processes.
(7) The right to access agency staff for assistance in dealing with emergencies on a twenty-four-hour basis, to assistance in dealing with family loss and separation when a child leaves their home, and access to available advocacy services to help support the foster parent in their role as caregiver.
(8) The right to receive information concerning agency policies and procedures related to their role as a foster parent or to the child in their care, and information contained in the foster parents' record, as allowed by law.
(9) The right for first consideration as a placement option for a child previously placed in their home and for a child placed in their home who becomes available for adoption, if relative placement is not available.
(10) The right to permit a member of the Louisiana Advocacy Support Team to accompany a foster parent into meetings with departmental staff during investigations or grievance procedures.
Acts 2006, No. 439, §1; Acts 2007, No. 122, §1, eff. June 25, 2007.
A. This Subpart shall be cited as the "Foster Youth's Bill of Rights".
B. The Department of Children and Family Services shall implement, promote, and support the rights contained in this Section through the policies and practices of the department as applied to youth ages fourteen through eighteen who are in foster care in this state.
C. Youth ages fourteen through eighteen in foster care in this state are entitled to the following rights granted to them when it is determined by the department to be in the best interest of the youth:
(1) The right to privacy concerning the youth's personal and confidential information.
(2) The right to attend all court hearings regarding the care to be received.
(3) The right to be in a stable and supportive setting that is free from neglect and emotional, verbal, physical, and sexual abuse or exploitation, and that is the least restrictive to meet the youth's needs.
(4) The right to participate in all case plan meetings, to include supportive adults of the youth's choice to be on the planning team, and to be provided a copy of the youth's case plan every six months or whenever changes are made to the plan.
(5) The right to have the youth's medical and mental health needs met on a regular and timely basis.
(6) The right to be provided adequate trauma-based counseling and therapeutic services throughout the youth's time in foster care.
(7) The right to be provided the contact information of the youth's caseworker, attorney, and CASA volunteer, and to attend meetings with them on a regular basis.
(8) The right to have access to a telephone to talk to or visit with approved friends and relatives, including siblings, at least once a month.
(9) The right to access materials necessary for school and to further the youth's education, including access to a computer or other electronic devices and to the internet when needed to complete assignments, the right to receive tutoring services, and the right to access information regarding college admissions.
(10) The right to access information regarding testing accommodations for any learning or developmental disability or special health need.
(11) The right to be involved in extracurricular activities, including school clubs, dances, field trips, and sports teams, and to be provided with supplies and uniforms required for team participation.
(12) The right to remain in the youth's school of origin.
(13) The right to attend a driver's education class.
(14) The right to obtain employment and transportation to employment within the vicinity of foster care placement.
(15) The right to refuse involvement in religious-based activities and the right to continue the youth's cultural, religious, and ethnic traditions and belief systems.
(16) The right to be free from discrimination of any kind on the basis of the youth's race, color, sex, language, religion, political or other opinion, national, ethnic, or social origin, property, disability, birth, or other status.
(17) The right to attend and have transportation to services, events, and activities provided by the Independent Living Skills Program within the youth's region, the right to receive timely notification of upcoming youth advocacy and engagement services in the youth's region, and the right to be provided with the entire amount of the monthly allowance as outlined in department policy.
(18) The right to express and voice the youth's needs, concerns, and desires about foster care.
Acts 2021, No. 351, §1, eff. June 17, 2021.
This Subpart may be cited as the "Quality Parenting for Children in Foster Care Act".
Acts 2015, No. 310, §1.
A. The legislature hereby finds and declares the following:
(1) Parents make important decisions every day regarding participation by their children in activities, and caregivers of children in foster care are faced with making the same decisions for their foster children.
(2) When a foster caregiver makes decisions, he must consider applicable laws and rules to safeguard the health and safety of a child in his care; and those laws and rules are not intended to be applied in such a manner as to prohibit children in foster care from participating in age- or developmentally appropriate activities.
(3) Participation in age- and developmentally appropriate activities is important to a child's well-being, both emotionally and in terms of developing healthy coping mechanisms and valuable life skills.
B. It is the intent of the legislature to recognize the importance of normalizing the lives of children in foster care while ensuring their health and safety, and to empower caregivers and legal custodians to support and encourage a child's participation in activities.
Acts 2015, No. 310, §1.
A. It is the policy of this state that each child who enters foster care should be encouraged and supported to participate in age- and developmentally appropriate extracurricular, enrichment, cultural, social, and sporting activities.
B.(1) Each caregiver shall use the reasonable and prudent parent standard as defined in R.S. 46:283(D) in determining whether to give permission for a child living in foster care under the responsibility of the state to participate in extracurricular, enrichment, cultural, social, or sporting activities.
(2) When using the reasonable and prudent parent standard, the caregiver shall consider all of the factors provided in R.S. 46:283(E).
Acts 2015, No. 310, §1.
Repealed by Acts 2019, No. 400, §3, eff. June 19, 2019.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2022, No. 252, §4.
This Subpart shall be known and may be cited as the "Extended Foster Care Program Act".
Acts 2019, No. 400, §2, eff. June 19, 2019.
As used in this Subpart, the following terms shall have the following meanings:
(1) "Court" means the court that exercised juvenile jurisdiction over the child in need of care proceedings involving the youth prior to his eighteenth birthday.
(2) "Department" means the Department of Children and Family Services.
(3) "Youth" means an individual who was adjudicated as a child in need of care, was in foster care in the department's custody on the day before his eighteenth birthday, and is at least eighteen years of age but less than twenty-one years of age.
Acts 2019, No. 400, §2, eff. June 19, 2019.
A. The department may provide extended foster care services for a youth who satisfies one of the following conditions for eligibility:
(1) Completing secondary education or a program leading to an equivalent credential.
(2) Enrolled in an institution that provides postsecondary or vocational education.
(3) Participating in a program or activity designed to promote employment or remove barriers to employment.
(4) Employed for at least eighty hours per month.
(5) Is incapable of doing any part of the activities in Paragraphs (1) through (4) of this Subsection due to a medical condition. A medical condition invoked pursuant to this Paragraph shall be documented and supported by regularly updated information in the youth's case plan.
B. The department shall notify all foster children and their foster parents or other custodians in writing of the availability of these benefits and services upon the foster child's seventeenth birthday, and every ninety days thereafter until the child's eighteenth birthday, unless the foster child and foster parents or other custodians have already consented in writing to participation in this program.
Acts 2019, No. 400, §2, eff. June 19, 2019.
A. If a youth chooses to participate in extended foster care services and meets the eligibility criteria set forth in R.S. 46:288.3(A), the department and the youth shall sign an extended foster care voluntary placement agreement that shall include, at a minimum, the following:
(1) The obligation for the youth to continue to meet the conditions for eligibility set forth in R.S. 46:288.3(A) for the duration of the voluntary extended foster care agreement.
(2) Any obligation considered necessary by the department for the youth to continue to receive extended foster care services if the youth is eligible for those services.
(3) Any obligation considered necessary by the department to facilitate the youth's continued success in the program.
(4) Termination of an extended foster care voluntary placement agreement and program participation as set forth in R.S. 46:288.8.
(5) The voluntary nature of the youth's participation in receiving extended foster care services.
(6) The opportunity for a fair hearing if the youth believes that he has been denied extended foster care services or that his request has not been acted upon with reasonable promptness.
B. Once the department determines that a youth is eligible and the youth signs the extended foster care voluntary placement agreement, the department may provide extended foster care services to the youth in accordance with this Subpart.
C. Acceptance of these benefits and services shall in no way deprive the youth in foster care of any rights or obligations conferred by attaining the age of majority.
Acts 2019, No. 400, §2, eff. June 19, 2019.
Within one hundred fifty days after the extended foster care voluntary placement agreement is signed, the department shall file with the court a written report that shall contain all of the following:
(1) The youth's name, date of birth, race, gender, and current address.
(2) A statement of facts that support the extended foster care voluntary placement agreement and includes both of the following:
(a) The reasonable efforts made to achieve the permanency goal of independence for the youth.
(b) The reasons why it remains in the youth's best interests to continue in extended foster care in a voluntary placement.
(3) A copy of the signed extended foster care voluntary placement agreement.
(4) Any other information the department or the youth wants the court to consider.
Acts 2019, No. 400, §2, eff. June 19, 2019.
A. The court has jurisdiction to review the written report and make a determination whether it is in the youth's best interest to continue in extended foster care in a voluntary placement.
B. Upon filing of the written report set forth in R.S. 46:288.5, the court shall open an extended foster care case for the purpose of determining whether continuing in extended foster care in a voluntary placement is in the youth's best interest. The court shall make a determination no later than twenty-one days after the date the report was filed.
C. Following the court's determination of whether continuing in extended foster care in a voluntary placement is in the youth's best interest, the court shall close the extended foster care case and the department shall provide extended foster care services to the youth in accordance with this Subpart.
Acts 2019, No. 400, §2, eff. June 19, 2019.
The department shall conduct internal administrative reviews not less than once every one hundred eighty days to determine the status of the following:
(1) The youth's safety.
(2) Continuing necessity and appropriateness of placement.
(3) Extent of compliance with the case plan.
(4) Projected date when the youth may no longer require extended foster care services.
Acts 2019, No. 400, §2, eff. June 19, 2019.
A. A youth may choose to terminate the extended foster care voluntary placement agreement and stop receiving extended foster care services at any time.
B. If, at any time, the department determines that the youth is not in compliance with the extended foster care voluntary placement agreement or any program requirements, the department may terminate the extended foster care voluntary placement agreement with the youth and stop providing extended foster care services to the youth. The department shall provide written or electronic notice to the youth regarding termination of the extended foster care voluntary placement agreement and the youth's participation in the program.
Acts 2019, No. 400, §2, eff. June 19, 2019.
Notwithstanding any other provision of law, the department may extend an adoption or guardianship subsidy to the adoptive parent or guardian with whom the department established a subsidy arrangement for a youth who initially was adopted from or entered guardianship from foster care and began receiving the adoption or guardianship subsidy after age sixteen, but prior to age eighteen, if the adoptive parents or guardians remain financially responsible for the youth and the youth meets the same criteria for eligibility set forth in R.S. 46:288.3 to participate in the state's extended foster care program.
Acts 2019, No. 400, §2, eff. June 19, 2019.
The department shall promulgate and enforce any rules and regulations as are necessary to implement the provisions of this Subpart in accordance with the Administrative Procedure Act.
Acts 2019, No. 400, §2, eff. June 19, 2019.
Repealed by Acts 1997, No. 1155, §3, eff. July 1, 1997.
Repealed by Acts 2018, No. 612, §22, eff. July 1, 2020.
§§291 to 296 Repealed by Acts 1974, No. 688, §2
A. The legislature finds and declares the following:
(1) The program formerly known as "food stamps" was renamed the Supplemental Nutrition Assistance Program (SNAP) in October 2008. SNAP is administered at the federal level by the United States Department of Agriculture Food and Nutrition Service (FNS) and at the state level by the Louisiana Department of Health, hereafter referred to as the "department".
(2) SNAP is the cornerstone of the federal food assistance programs and provides crucial support to needy households and to those making the transition from public assistance to work.
(3) By federal policy, SNAP benefits may be used only for the purchase of nonalcoholic beverages and food which is not hot at the point of sale and may not be used to purchase any nonfood items.
(4) The population of Louisiana has historically encompassed one of the highest proportions of SNAP recipients in the nation.
(5) Federal regulations allow states to administer educational services within the SNAP program. Such services are known as SNAP Education, and are designed to teach food budgeting, proper nutrition, and healthy food choices to SNAP recipients.
(6) It is the public policy of this state to support basic health, human welfare, education, and self-sufficiency among its most vulnerable citizens. Effective educational efforts, including nutrition education, are necessary for this state to promote better health and break its historic cycle of generational poverty.
(7) A nurturing family affords a child his best opportunity to enjoy lifelong health and well-being. Therefore, any program which promotes better health for children must encourage family strengthening and greater parental involvement in the lives of their children if the program is to fulfill its purpose.
B. In addition to any SNAP Education services conducted by contractors of the department, the department shall provide printed nutrition education resource materials directly to the heads of all SNAP beneficiary households. The department may develop or utilize materials at its discretion in order to satisfy the provisions of this Subsection, provided that such materials include the Core Nutrition Messages, or any successor resources, developed by FNS. The department shall provide such materials to every head of a SNAP beneficiary household at the following intervals:
(1) At the first issuance of a SNAP electronic benefits transfer card subsequent to the initial determination of eligibility.
(2) In the first correspondence from the department subsequent to a redetermination of eligibility.
(3) Any interval which the department deems advantageous and feasible.
C. In administering the SNAP Education program of this state, the department and all subcontractors and affiliates of such program shall:
(1) Utilize the Core Nutrition Messages, or any successor resources, developed by FNS.
(2) Coordinate outreach and educational efforts to the greatest possible extent with those of the Women, Infants, and Children (WIC) Program of this state.
D. On or before March first annually, the department shall submit to the House Committee on Health and Welfare and the Senate Committee on Health and Welfare a comprehensive report on the SNAP Education Program. The report shall include but not be limited to the following items:
(1) Analysis and commentary on major health challenges faced by low-income Louisiana families.
(2) Data on SNAP Education participants, including a description of the ideal target population, actual number of participants served, geographic distribution of participants, and participant demographics.
(3) A description of program operations, including details on selection of participants, service delivery, and activities conducted by all SNAP Education program contractors and subcontractors.
(4) A description of any partnership with the WIC Program and efforts undertaken in collaboration with that program.
(5) Analysis of program outcomes and other significant impacts to SNAP Education service recipients.
(6) Public policy recommendations for enhancing the SNAP Education program and for supporting better health and nutrition generally among low-income families of this state.
Added by Acts 2011, No. 258, §1, eff. August 15, 2011; Acts 2012, No. 243, §1, eff. August 1, 2012; Acts 2018, No. 206, §5; Acts 2025, No. 478, §12, eff. Oct. 1, 2025.
NOTE: Redesignated from R.S. 46:236.1 by Acts 2014, No. 533, §2(B) and Acts 2014, No. 622, §2(B), eff. Aug. 1, 2014.
A. The legislature hereby finds the following:
(1) The Supplemental Nutrition Assistance Program, referred to in this Subpart as "SNAP", is the major food assistance program of this state.
(2) SNAP provides support to needy households and to persons making the transition from welfare to work.
(3) It is the policy of this state to operate SNAP in a manner that maximizes administrative efficiency in delivery of food assistance to eligible children and families.
B. The legislature hereby declares that the purpose of this Subpart is to further this state's policy of fiscal soundness and efficiency in administration of public benefits programs by establishing a task force to study and make recommendations concerning policies, procedures, and technical processes relative to electronic disbursement of SNAP benefits by the Department of Children and Family Services.
Acts 2014, No. 533, §1.
[Effective Date: Terminated on March 1, 2015.]
A. There is hereby created within the Department of Children and Family Services a task force on SNAP electronic benefits issuance, referred to in this Section as the "task force".
B. The task force shall be composed of the following twelve members:
(1) Two members appointed by the commissioner of administration, at least one of whom shall be an employee in the office of information technology.
(2) Two members appointed by the secretary of the Department of Children and Family Services, at least one of whom shall be an employee in the division of programs of the department.
(3) The executive director of the Louisiana Retailers Association or his designee.
(4) The president of the Louisiana Association of Business and Industry or his designee.
(5) The vice president of public affairs of the National Grocers Association or his designee.
(6) One member of the House of Representatives appointed by the speaker of the House of Representatives.
(7) One member of the Senate appointed by the president of the Senate.
(8) One member representing the Louisiana State University Agricultural Center appointed by the vice president for agriculture.
(9) One member representing the Southern University Agricultural Center appointed by the chancellor of the center.
(10) The executive director of the Louisiana Food Bank Association or his designee.
C. At the first meeting, the members of the task force shall select one member to serve as chairman.
D. The purposes of the task force shall include the following:
(1) To study on an ongoing basis the policies, procedures, and technical processes by which the Department of Children and Family Services disburses SNAP benefits electronically.
(2) To consider the impacts on Louisiana families and businesses of prospective policy changes relative to the disbursement schedule for SNAP benefits.
(3) To keep abreast of changes in federal laws and regulations which relate in any manner to electronic issuance of public benefits.
(4) To make recommendations to the secretary of the Department of Children and Family Services, on a schedule determined by the chairman, concerning innovations in electronic benefits issuance policies and systems.
E. The task force shall convene on or before September 1, 2014. The secretary of the Department of Children and Family Services shall call the first meeting.
Acts 2014, No. 533, §1.
[Effective Date: Terminated on March 1, 2015.]
The provisions of this Subpart shall terminate on March 1, 2015.
Acts 2014, No. 533, §1.
The legislature hereby finds and declares the following:
(1) It is the policy of the state to encourage self-sufficiency so that Louisianians may reduce dependence on public benefits to meet basic needs and become economically self-reliant.
(2) The Supplemental Nutrition Assistance Program, formerly known as "food stamps" and referred to in this Subpart as "SNAP", provides crucial support to needy households and to persons making the transition from public assistance to work.
(3) Pursuant to the federal Food Security Act of 1985, states are required to provide employment and job training services to SNAP customers who are not exempt from the mandatory work registration requirements of the program.
(4) Federal regulations, 7 CFR 273.24, limit the duration of receipt of SNAP benefits by nonworking, able-bodied adults without dependents who do not qualify for certain exemptions to a total of three months in any three-year period. However, states may submit to the federal government applications, commonly known as "waivers", to have this three-month limit waived. If approved, such waivers allow able-bodied, nonworking, nonexempt adults to receive SNAP benefits for an unlimited duration if those persons meet other eligibility standards of the program. Nationally, waivers of this type have become the standard in SNAP rather than the exception, as forty states and territories, including Louisiana, had a statewide or territory-wide waiver in effect and six other states and territories had a partial-state or partial-territory waiver in effect as of January 1, 2014.
(5) When coordinated and delivered in an effective manner, workforce training services for public assistance customers can be of great value to persons who desire to become self-sufficient and to businesses that strive for greater competitiveness through employing an improved workforce.
Acts 2014, No. 622, §1; Acts 2025, No. 478, §12, eff. Oct. 1, 2025.
As used in this Subpart, the following terms have the meaning ascribed to them in this Section:
(1) "ABAWD" means an able-bodied adult without a dependent who receives SNAP benefits.
(2) "Customer" means a recipient of SNAP benefits who participates in the program provided for in this Subpart.
(3) "Department" means the Louisiana Department of Health.
(4) "FNS" means the Food and Nutrition Service of the United States Department of Agriculture, the office of the federal government that administers SNAP.
(5) "Program" means the workforce training and education program provided for in this Subpart.
(6) "SNAP" means the Supplemental Nutrition Assistance Program administered at the federal level by the Food and Nutrition Service of the United States Department of Agriculture and at the state level by the Louisiana Department of Health.
Acts 2014, No. 622, §1; Acts 2025, No. 478, §12, eff. Oct. 1, 2025.
The goals of the program include, without limitation, the following:
(1) To provide incentives that are demonstrably effective in helping SNAP beneficiaries achieve financial self-sufficiency.
(2) To connect employers to job candidates who possess requisite skills such that workforce needs, especially in demand occupations, are readily met.
(3) To provide support to SNAP customers who choose to further their education.
(4) To yield a model for incentivizing training and education for public assistance customers that can be replicated throughout the state.
Acts 2014, No. 622, §1; Acts 2025, No. 478, §12, eff. Oct. 1, 2025.
A. A workforce training and education program is hereby created within SNAP for the purpose of improving employment opportunities for nonworking SNAP customers and enhancing workforce readiness. The department shall administer the program in accordance with the provisions of this Subpart.
B. The department shall establish the program in a parish with a population of more than one hundred thousand and less than one hundred fifty thousand according to the latest federal decennial census and in which is located the main campus of a public four-year college or university.
C. Customers to be served by the program shall include, exclusively, all ABAWDs residing in the parish who are not exempted by any federal or state policy, other than through a waiver of such a policy, from the limitation on SNAP benefits established pursuant to 7 CFR 273.24.
D.(1) As a necessary precondition for implementing the program, the department shall ensure that the limitation on duration of the receipt of SNAP benefits by nonexempt ABAWDs provided in 7 CFR 273.24 is effective in the parish in which the program is established.
(2) If nonexempt ABAWDs in the parish in which the program is established are not subject to any limitation on duration of eligibility for receipt of SNAP benefits as a result of a waiver granted to the state by FNS, then the department shall cause the waiver to be rescinded, cancelled, or otherwise rendered null and without effect for that parish.
(3) Nothing in this Subsection shall be construed to require or prohibit the continuation or cancellation of any waiver granted to the state by FNS in any parish other than the parish in which the program is established.
E. As its essential function, the program shall provide to each customer, at the time of benefits eligibility redetermination, a six-month extension of SNAP benefits conditioned upon submission of sufficient documentation, as determined by the department, of any of the following:
(1) The customer meets any of the following criteria relative to educational advancement:
(a) In the previous six months, the customer satisfied requirements established by the department in rule relative to enrollment in an accredited postsecondary education institution that grants associate or baccalaureate degrees.
(b) In the previous six months, the customer satisfied requirements established by the department in rule relative to enrollment in an educational program designed to lead to a high school diploma.
(c) In the previous six months, the customer satisfied requirements established by the department in rules relative to enrollment in a general education development test preparation course.
(d) The customer earned a high school diploma or a general education development certificate.
(2) The customer meets criteria relative to workforce readiness as required by the department in rule. Such criteria may include but shall not be limited to the following:
(a) Participating for a specified minimum number of hours in an approved job-training program.
(b) Applying for a specified minimum number of jobs.
Acts 2014, No. 622, §1; Acts 2025, No. 478, §12, eff. Oct. 1, 2025.
Each customer in the program shall do all of the following:
(1) At the time of redetermination of eligibility for SNAP benefits, provide to the department all requested documentation of participation in a workforce training or education program.
(2) Comply with all other requirements for receipt of SNAP benefits as set forth by the department.
Acts 2014, No. 622, §1; Acts 2025, No. 478, §12, eff. Oct. 1, 2025.
A. The department shall submit to FNS applications for any waiver, exemption, or other formal authorization and any state plan amendment as may be necessary to implement the program provided for in this Subpart. Such submissions by the department to FNS shall provide for all of the following:
(1) Reinstatement in the parish where the program is established of the limit on receipt of SNAP benefits of three months in a three-year period for ABAWDs.
(2) Establishment of benefit extensions in six-month increments for customers who meet workforce training or education requirements of the program.
(3) Any other functions as may be necessary for the department to establish and operate the program in a manner that conforms with applicable federal and state laws and regulations.
B. The department shall enter into any cooperative endeavor agreements, contracts, and other arrangements with any other government agency or any community partner as may be necessary to ensure adequate availability of workforce training to customers in the parish in which the program is established.
C. The department shall institute all departmental policies and procedures necessary to ensure that the process for SNAP benefits eligibility redetermination in the parish where the program is established meets all of the following requirements:
(1) Eligibility redetermination for each customer occurs no less frequently than once every six months.
(2) Eligibility redetermination for each customer shall include a procedure for collecting and verifying documentation from the customer of his engagement in a workforce training or education activity as provided in R.S. 46:324.
D.(1)(a) The department shall transmit notice in writing to all ABAWDs in the parish where the program is established indicating that continuation of benefits beyond the three-month limit that is to be reinstated will be conditioned upon engagement by customers in acceptable workforce training or education activities.
(b) The department may transmit to ABAWDs in the parish where the program is established duplicates of the notice provided for in Subparagraph (a) of this Paragraph, and may take any other actions it deems necessary to provide ABAWDs with adequate notification of the changes in SNAP benefits eligibility to be instituted through the program.
(2) The department shall transmit to each customer a form that provides a clear description of requirements for continuation of benefits eligibility to be instituted through the program, and a space in which the customer may affirmatively acknowledge that he understands these requirements.
(3) During the operation of the program, the department shall promptly notify each customer of any decision concerning his eligibility for SNAP benefits made pursuant to the redetermination process provided for in Subsection C of this Section.
E. The secretary of the department shall promulgate all rules and regulations in accordance with the Administrative Procedure Act as necessary to implement the provisions of this Subpart.
Acts 2014, No. 622, §1; Acts 2018, No. 206, §5; Acts 2025, No. 478, §12, eff. Oct. 1, 2025.
A. After receiving federal approval as provided in R.S. 46:328 and before commencement of the pilot initiative, the department shall transmit to the members of the House Committee on Health and Welfare and to the members of the Senate Committee on Health and Welfare a written notice that addresses the purpose and function of the program. The department may transmit the notice required by this Subsection via electronic mail.
B. The department shall annually submit a written report providing a summary and evaluation of outcomes of the program to the House Committee on Health and Welfare and the Senate Committee on Health and Welfare. The department may include the report with its submission of any other report pertaining to SNAP, including without limitation any report required by Subpart E-2 of this Part.
Acts 2014, No. 622, §1; Acts 2025, No. 478, §12, eff. Oct. 1, 2025.
Subject to legislative oversight as provided in the Administrative Procedure Act, R.S. 49:950 et seq., the department may terminate the program by emergency rule if the secretary of the department determines that workforce participation outcomes or educational attainment have not improved to a satisfactory degree as a result of the program.
Acts 2014, No. 622, §1; Acts 2025, No. 478, §12, eff. Oct. 1, 2025.
A. The legislature hereby finds and declares the following:
(1) It is the policy of this state to encourage self-sufficiency so that Louisianians may reduce dependence on public assistance to meet basic needs and become economically self-reliant.
(2) The Supplemental Nutrition Assistance Program, formerly known as "food stamps" and referred to in this Subpart as "SNAP", provides support to needy households and to persons making the transition from public assistance to work.
(3) Federal regulations provided for in 7 CFR 273.24 limit the duration of receipt of SNAP benefits by nonworking, able-bodied adults without dependents (ABAWD) who do not qualify for certain exemptions to a total of three months in any three-year period. However, states may submit to the federal government applications, commonly known as "waivers", to have this three-month limit waived. If approved, such waivers allow able-bodied, nonworking, nonexempt adults to receive SNAP benefits for an unlimited duration if those persons meet other eligibility standards of the program. Louisiana has long used these waivers to exempt the majority of able-bodied adults without dependents from the federal work requirement.
(4) Federal law allows states to exempt up to eight percent of able-bodied adults from the work requirement without providing any reason whatsoever. These "no-good-cause exemptions" also accumulate and carry over from year to year without limit. As a policy, Louisiana has not used these "no-good-cause exemptions". However, because Louisiana has waived the work requirement, there has been no reason to use these additional exemptions.
B. It is the intent of this Subpart to institute a comprehensive, statewide work requirement for able-bodied adults up to fifty-two years old without any dependents who receive SNAP benefits in this state.
Acts 2024, No. 308, §1, eff. May 28, 2024; Acts 2025, No. 478, §12, eff. Oct. 1, 2025.
A. Unless expressly required by federal law, the Louisiana Department of Health shall not seek, apply for, accept, or renew any waiver of work requirements established by the Supplemental Nutrition Assistance Program under 7 U.S.C. 2015(o).
B. The Louisiana Department of Health shall not exercise the state's option to provide any exemptions from the work requirement under 7 U.S.C. 2015(o)(6)(F).
Acts 2024, No. 308, §1, eff. May 28, 2024; Acts 2025, No. 478, §12, eff. Oct. 1, 2025.
Repealed by Acts 2010, No. 939, §11, eff. July 1, 2010.
Repealed by Acts 2010, No. 939, §11, eff. July 1, 2010.
Repealed by Acts 2010, No. 939, §11, eff. July 1, 2010.
A. It is the policy of this state to encourage self-sufficiency so that residents of Louisiana may reduce dependence on public benefits to meet basic needs and become economically self-reliant, and to provide key supports to residents to help them in achieving their workforce participation goals.
B. In order to promote inclusive leadership, ensure equal access to professional growth opportunities, and achieve the goals and objectives of the initiative established by Act No. 271 of the 2018 Regular Session of the Legislature, it is imperative to encourage participation by the public in the design of the program and to implement the program in collaboration with an advisory board comprising a diverse membership.
Acts 2018, No. 271, §1; Acts 2022, No. 506, §1, eff. June 16, 2022.
As used in this Part, the following definitions apply:
(1) "Public assistance" means any of the following:
NOTE: Paragraph (1)(a) eff. until Oct. 1, 2027. See Acts 2025, No. 478.
(a) Cash benefits of the Family Independence Temporary Assistance Program administered by the Department of Children and Family Services.
NOTE: Paragraph (1)(a) as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
(a) Cash benefits of the Family Independence Temporary Assistance Program administered by Louisiana Works.
(b) Nutrition assistance benefits of the Supplemental Nutrition Assistance Program administered by the Louisiana Department of Health.
(c) Medical assistance pursuant to Title XIX of the Social Security Act through the program commonly known as Medicaid administered by the Louisiana Department of Health.
(d) Child care assistance through the Child Care Assistance Program administered by the Louisiana Department of Education.
(2) "State partners" means the following state entities, collectively:
(a) Louisiana Works.
(b) The Department of Children and Family Services.
(c) The Louisiana Department of Health.
(d) The Louisiana Department of Education.
(e) The Louisiana Community and Technical College System.
Acts 2018, No. 271, §1; Acts 2022, No. 506, §1, eff. June 16, 2022; Acts 2025, No. 478, §12, eff. Oct. 1, 2025, §13, eff. Oct. 1, 2027.
A.(1) Subject to applicable federal law and regulation, there is hereby established a workforce training and education pilot initiative for public assistance recipients for the purpose of improving employment opportunities and promoting workforce advancement. The heads of the state partners in collaboration with an advisory board shall administer the initiative in accordance with the provisions of this Part. The advisory board shall consist of the following members:
(a) The secretary of Louisiana Works or his designee.
(b) The secretary of the Department of Children and Family Services or his designee.
(c) The secretary of the Louisiana Department of Health or his designee.
(d) The state superintendent of education or his designee.
(e) The president of the Louisiana Community and Technical College System or his designee.
(f) A representative of Together Louisiana.
(g) The president of the National Association for the Advancement of Colored People (NAACP), Louisiana State Conference, or his designee.
(h) The president of the Louisiana AFL-CIO or his designee.
(i) The president of the Louisiana Association of Business and Industry or his designee.
(j) The state senator for Senate District 34.
(k) Two individuals appointed by the state senator for Senate District 34.
(l) The state representatives for House Districts 16, 17, 21, 26, and 40.
(m) The state network director for Unite Louisiana or his designee.
(n) The executive director of 232-Help/Louisiana 211 or his designee.
(o) The executive director of a workforce investment board in Concordia Parish.
(p) The executive director of a workforce investment board in Madison Parish.
(q) The executive director of a workforce investment board in Morehouse Parish.
(r) The executive director of a workforce investment board in Richland Parish.
(s) The executive director of a workforce investment board in Tensas Parish.
(2)(a) The state senator for Senate District 34 shall serve as the chair of the advisory board. Upon approval of the chair, the membership of the advisory board may be increased to include a representative of any interested party.
(b) The members of the advisory board shall serve without compensation, except per diem or expense reimbursement to which they may be individually entitled as a member of their respective constituent organization.
(c) The state partners shall provide staff support as needed by the advisory board.
(d) The advisory board shall meet upon the call of the chair and may meet as frequently as necessary for the timely performance of its duties. The advisory board shall meet in any parish served by the initiative or in East Baton Rouge Parish.
(3)(a) The state partners in collaboration with the advisory board shall design the initiative's operations and system of services to allow implementation of the program in all parishes of the state upon review of the program with an evaluation demonstrating successful performance.
(b) Prior to the design and implementation of the initiative, the advisory board shall conduct meetings for the purpose of receiving public input regarding the program. The first meeting shall be called by the chair no later than August 31, 2022.
(c) The advisory board may work with the local human service districts and authorities for assistance with the design and implementation of the initiative.
B.(1) The program shall initially operate and serve participants in the following parishes:
(a) Concordia.
(b) East Carroll.
(c) Madison.
(d) Morehouse.
(e) Ouachita.
(f) Richland.
(g) St. Landry.
(h) Tensas.
(2) The geographic service area of the initiative may be expanded beyond the parishes specified in Paragraph (1) of this Subsection after an evaluation utilizing performance outcome driven data and information regarding participant experience. The state partners and advisory board may work with the local human service districts and authorities for assistance with expansion of the initiative.
C. Participation in the initiative by public assistance recipients shall be voluntary.
D. Work supports and workforce education services provided by the initiative may include any of the following:
(1) Job referral services.
(2) Job skills development.
(3) Job support services.
(4) Career planning.
(5) Job training.
(6) Workforce readiness.
(7) Apprenticeship programs.
(8) Vocational education.
(9) Basic education.
(10) Educational certificates.
(11) Supportive services.
Acts 2018, No. 271, §1; Acts 2022, No. 506, §1, eff. June 16, 2022; Acts 2024, No. 336, §1.
A. The state partners shall enter into any memoranda of understanding, cooperative endeavors, or other types of agreements between and among the partners and with the local human service districts and authorities necessary to administer the initiative.
B.(1) The state partners shall promulgate and issue any forms necessary to inform prospective participants of the initiative's purpose and functions, and use of the 2-1-1 referral system to obtain participants' consent to participate in the initiative.
(2) Unless prohibited by federal law or regulation, each state partner shall share with the other state partners, on a schedule to be mutually determined by the state partners, the names and contact information of persons who have provided consent to participate in the initiative.
C. The state partners and the advisory board shall collaborate to promote the initiative among the clients of the state partners, business groups and organizations, community-based groups and organizations, faith-based groups and organizations, and the public generally. The state partners and advisory board may work with the local human service districts and authorities to promote the initiative throughout the area of service.
Acts 2018, No. 271, §1; Acts 2022, No. 506, §1, eff. June 16, 2022.
No later than twelve months after commencement of the initiative, and at least annually thereafter, the state partners, jointly, shall submit a written report providing a summary and evaluation of outcomes of the initiative to the advisory board, the House and Senate committees on labor and industrial relations, and the House and Senate committees on health and welfare.
Acts 2018, No. 271, §1; Acts 2022, No. 506, §1, eff. June 16, 2022.
The secretary of Louisiana Works, the secretary of the Department of Children and Family Services, the secretary of the Louisiana Department of Health, the state superintendent of education, and the president of the Louisiana Community and Technical College System shall promulgate all rules in accordance with the Administrative Procedure Act necessary to implement the provisions of this Part.
Acts 2018, No. 271, §1; Acts 2022, No. 506, §1, eff. June 16, 2022.
Repealed by Acts 2010, No. 939, §11, eff. July 1, 2010.
Repealed by Acts 2010, No. 939, §11, eff. July 1, 2010.
Repealed by Acts 2010, No. 939, §11, eff. July 1, 2010.
The Department of Children and Family Services, subject to the approval of the attorney general, may enter into reciprocal agreements with corresponding state agencies of other states regarding the interstate transportation of poor and indigent persons, and may arrange with the proper officials in this state for the acceptance, transfer, and support of persons receiving public aid in other states in accordance with the terms of the reciprocal agreements; provided that this state shall not, nor shall any parish or other political subdivision of this state, be committed to the support of persons who are not, in the opinion of the department, entitled to public support by the laws of this state.
Amended by Acts 1978, No. 786, §6, eff. July 17, 1978.
This Part shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those states which enact it.
§§421, 422 Repealed by Acts 1978, No. 786, §7, eff. July 17, 1978
Any mentally incompetent person who is entitled to public assistance or who has the right to apply for public assistance but cannot make application because of his incompetency and who does not have a duly appointed and qualified legal representative, may have a curator appointed for him solely for the purpose of representing his interest in qualifying for, receiving, and administering public assistance benefits. The appointment shall be made by any court of competent jurisdiction, subject to the proceedings hereinafter outlined.
Added by Acts 1950, No. 166, §1. Amended by Acts 1956, No. 177, §1; Acts 1960, No. 60, §1; Acts 1961, No. 15, §1; Acts 2025, No. 478, §12, eff. Oct. 1, 2025.
The necessity for the appointment of a curator shall be initiated by any relative or other interested person by petition. Upon filing of such petition, the court shall order the incompetent person to show cause in not less than 10 days nor more than 15 days why the application should not be granted. The incompetent person shall be duly cited and be served with a copy of the petition and order. At the hearing the court shall require whatever proof it deems necessary or desirable; and the incompetent person shall have the right of counsel. If the incompetent person does not have sufficient resources to supply counsel, the court, if it deems it necessary or desirable, may appoint special counsel and the person so appointed shall be entitled to a fee of $10.00 in an uncontested case and $25.00 in a contested case, the fee to be taxed as costs against the person initiating the proceedings. All proceedings, at the discretion of the court, may be conducted in private chambers. The judgment or order naming a curator for an incompetent person hereunder shall not constitute an interdiction.
Added by Acts 1950, No. 166, §1. Amended by Acts 1956, No. 177, §1; Acts 1960, No. 61, §1; Acts 1961, No. 15, §1.
A. The curator shall be accountable at whatever intervals are specified by the court and the court shall have the right to require a bond or whatever other security is deemed necessary by the court to ensure the faithful performance of the curator's duties. The curator, upon being appointed, shall take an oath and letters of authority may be issued to him.
B. Failure by the curator to render an account satisfactory to the court shall be sufficient cause for the curator's dismissal and the appointment of another curator.
Added by Acts 1950, No. 166, §1. Amended by Acts 1956, No. 177, §1; Acts 1960, No. 61, §1; Acts 1961, No. 15, §1; Acts 2018, No. 206, §5; Acts 2025, No. 478, §12, eff. Oct. 1, 2025.
A. The curator shall be discharged from his duties for any of the following reasons:
(1) Upon the interdiction of the incompetent person under existing law.
(2) Upon proper proof to the court that the incompetent person has become sufficiently competent to administer his public assistance benefits.
(3) Upon the signing of an order by the court that made the original appointment, upon its own motion, or otherwise, terminating the appointment of the curator for any other reason.
B. Upon being discharged, the curator shall render a full and final accounting to the court of his administration; and upon so doing, the curator shall be relieved from any further responsibility and his bond shall be cancelled and whatever other security may have been given shall be released.
Added by Acts 1950, No. 166, §1. Amended by Acts 1956, No. 177, §1; Acts 1960, No. 61, §1; Acts 1961, No. 15, §1; Acts 2025, No. 478, §12, eff. Oct. 1, 2025.
The entire cost of the proceedings herein authorized shall not exceed (a) in uncontested cases the sum of $10.00, exclusive of the fee of the special counsel who may be appointed and of the court reporter; (b) and in contested cases shall not exceed $10.00, exclusive of the fee of the special counsel who may be appointed and of the court reporter.
Added by Acts 1950, No. 166, §1. Amended by Acts 1956, No. 177, §1; Acts 1960, No. 61, §1; Acts 1961, No. 15 §1.
This Part may be cited as the "Medical Assistance Programs Integrity Law".
Acts 1997, No. 1373, §1.
A. This Part is enacted to combat and prevent fraud and abuse committed by some health care providers participating in the medical assistance programs and by other persons and to negate the adverse effects such activities have on fiscal and programmatic integrity.
B. The legislature intends the secretary of the Louisiana Department of Health, the attorney general, and private citizens of Louisiana to be agents of this state with the ability, authority, and resources to pursue civil monetary penalties, liquidated damages, or other remedies to protect the fiscal and programmatic integrity of the medical assistance programs from health care providers and other persons who engage in fraud, misrepresentation, abuse, or other ill practices, as set forth in this Part, to obtain payments to which these health care providers or persons are not entitled.
Acts 1997, No. 1373, §1.
As used in this Part, the following terms have the following meanings:
(1) "Administrative adjudication" means adjudication and the adjudication process contained in the Administrative Procedure Act.
(2) "Agent" means a person who is employed by or has a contractual relationship with a health care provider or who acts on behalf of the health care provider.
(3) "Billing agent" means an agent who performs any or all of the health care provider's billing functions.
(4) "Billing" or "bills" means submitting, or attempting to submit, a claim for goods, services, or supplies.
(5) "Claim" means any request or demand, whether under a contract or otherwise, for money or property, whether or not the state or department has title to the money or property, that is drawn in whole or in part on medical assistance programs funds that are either of the following:
(a) Presented to an officer, employee, or agent of the state or department.
(b) Made to a contractor, grantee, or other recipient, if the money or property is to be spent or used in any manner in any program administered by the department under the authority of federal or state law, rule, or regulation, and if the state or department does either of the following:
(i) Provides or has provided any portion of the money or property requested or demanded.
(ii) Reimburses the contractor, grantee, or other recipient for any portion of the money or property which is requested or demanded.
A claim may be based on costs or projected costs and includes any entry or omission in a cost report or similar document, book of account, or any other document which supports, or attempts to support, the claim. A claim may be made through electronic means if authorized by the department. Each claim may be treated as a separate claim or several claims may be combined to form one claim.
(6) "Department" means the Louisiana Department of Health.
(7) "Good, service, or supply" means any good, item, device, supply, or service for which a claim is made, or is attempted to be made, in whole or part.
(8) "Health care provider" means any person furnishing or claiming to furnish a good, service, or supply under the medical assistance programs, any other person defined as a health care provider by federal or state law or by rule, and a provider-in-fact.
(9) "Knowing" or "knowingly" means that the person has actual knowledge of the information or acts in deliberate ignorance or reckless disregard of the truth or falsity of the information. No proof of specific intent to defraud is required.
(10) "Managed care organization" means any person or entity contracted with the department for the provision or management of healthcare benefits under the medical assistance programs through a capitated rate.
(11) "Managing employee" means a person who exercises operational or managerial control over, or who directly or indirectly conducts, the day-to-day operations of a health care provider. "Managing employee" shall include but is not limited to a chief executive officer, president, general manager, business manager, administrator, or director.
(12) "Material" means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property.
(13) "Medical assistance programs" means the Medical Assistance Program, also known as Title XIX of the Social Security Act and commonly referred to as "Medicaid", and other programs administered by the department.
(14) "Obligation" means an established duty, whether or not fixed, arising from an express or implied contractual, grantor, grantee, or licensor-licensee relationship, from a free-based or similar relationship, from statute or regulation, or from the retention of any overpayment.
(15) "Order" means a final order imposed pursuant to an administrative adjudication.
(16) "Ownership interest" means the possession, directly or indirectly, of equity in the capital or the stock, or the right to share in the profits, of a health care provider.
(17) "Property" means any and all property, movable and immovable, corporeal and incorporeal.
(18) "Provider agreement" means a document which is required as a condition of enrollment or participation as a health care provider under the medical assistance programs.
(19) "Provider-in-fact" means an agent who directly or indirectly participates in management decisions, has an ownership interest in the health care provider, or other persons defined as a provider-in-fact by federal or state law or by rule.
(20) "Recipient" means an individual who is eligible to receive health care through the medical assistance programs.
(21) "Recovery" means the recovery of overpayments, damages, fines, penalties, costs, expenses, restitution, attorney fees, or interest or settlement amounts.
(22) "Rule" means any rule or regulation promulgated by the department in accordance with the Administrative Procedure Act and any federal rule or regulation promulgated by the federal government in accordance with federal law.
(23) "Sanction" shall include but is not limited to any or all of the following:
(a) Recoupment.
(b) Posting of bond, other security, or a combination thereof.
(c) Exclusion as a health care provider.
(d) A monetary penalty.
(24) "Secretary" means the secretary of the Louisiana Department of Health, or his authorized designee.
(25) "Secretary or attorney general" means that either party is authorized to institute a proceeding or take other authorized action as provided in this Part pursuant to a memorandum of understanding between the two so as to notify the public as to whether the secretary or the attorney general is the deciding or controlling party in the proceeding or other authorized matter; however the secretary may pursue an action pursuant to R.S. 46:438.1 et seq. only if the department referred the matter to the attorney general and the attorney general notified the secretary, in writing, that he declines to proceed with the matter.
(26) "Withhold payment" means to reduce or adjust the amount, in whole or in part, to be paid to a health care provider for a pending or future claim during the time of a criminal, civil, or departmental investigation or proceeding or claims review of the health care provider.
Acts 1997, No. 1373, §1; Acts 2011, No. 185, §§1, 3; Acts 2025, No. 206, §§1, 2.
A.(1) Pursuant to rules and regulations promulgated in accordance with the Administrative Procedure Act, the secretary shall establish a process to review a claim made by a health care provider to determine if the claim should be or should have been paid as required by federal or state law or by rule.
(2) Claims review may occur prior to or after payment is made to a health care provider.
(3) The secretary may withhold payment to a health care provider during claims review if necessary to protect the fiscal integrity of the medical assistance programs.
(4) The administrative rules promulgated by the department to implement the claim review process established pursuant to this Subsection shall provide for procedures to ensure that providers receive or retain the appropriate reimbursement amount for claims in which the department determines that services delivered have been improperly billed but were reasonable and necessary.
B. The secretary may establish various types of administrative sanctions pursuant to rules and regulations promulgated in accordance with the Administrative Procedure Act which may be imposed on a health care provider or other person who violates any provision of this Part or any other applicable federal or state law or rule related to the medical assistance programs.
C.(1) The department shall conduct a hearing in compliance with the Administrative Procedure Act at the request of a person who wishes to contest an administrative sanction imposed on him by the secretary.
(2) A party aggrieved of an order may seek judicial review only in the Nineteenth Judicial District Court for the parish of East Baton Rouge.
(3) Judicial review of the order shall be conducted in compliance with the Administrative Procedure Act.
D. All state rules and regulations issued on or before August 15, 1997, shall be deemed to have been issued in compliance with and under the authority of this Section.
Acts 1997, No. 1373, §1; Acts 2016, No. 467, §1.
A. The secretary or the attorney general may agree to settle a matter for which recovery may be sought on behalf of the medical assistance programs or for a violation of this Part. The terms of the settlement shall be reduced to writing and signed by the parties to the agreement. The terms of the settlement shall be public record.
B. Nothing in this Section shall limit the rights of a qui tam plaintiff who brings a qui tam action in accordance with Subpart C of this Part.
Acts 1997, No. 1373, §1; Acts 2025, No. 206, §1.
A.(1) Concurrently with a withholding of payment, a sanction being imposed, or the institution of a criminal, civil, or departmental proceeding against a health care provider or other person, the secretary or the attorney general may bring an action for a temporary restraining order or injunction under Code of Civil Procedure Articles 3601 through 3613 to prevent a health care provider or other person from whom recovery may be sought from transferring property or to protect the business.
(2) To obtain such relief, the secretary or the attorney general shall demonstrate all necessary requirements for the relief to be granted.
(3) If an injunction is granted, the court may appoint a receiver to protect the property and business of the health care provider or other person from whom recovery may be sought. The court shall assess the cost of the receiver to the nonprevailing party.
B. Pursuant to Code of Civil Procedure Articles 3751 through 3753, the secretary or the attorney general may place a notice of pendency of action, lis pendens, on the property of a health care provider or other person during the pendency of a criminal, civil, or departmental proceeding.
C. When requested by the court, the secretary, or the attorney general, a health care provider or other person from whom recovery may be sought shall have an affirmative duty to fully disclose all property and liabilities to the requester.
D. Nothing in this Section shall limit the rights of a qui tam plaintiff who brings a qui tam action in accordance with Subpart C of this Part.
Acts 1997, No. 1373, §1; Acts 2025, No. 206, §1.
A. In accordance with the provisions of Subsection B of this Section, the court may order the forfeiture of property to satisfy recovery under the following circumstances:
(1) The court may order the health care provider or other person from whom recovery is due to forfeit property which constitutes or was derived directly or indirectly from gross proceeds traceable to the violation which forms the basis for the recovery.
(2) If the secretary or the attorney general shows that property was transferred to a third party to avoid paying of recovery, or in an attempt to protect the property from forfeiture, the court may order the third party to forfeit the transferred property.
B. Prior to the forfeiture of property, a contradictory hearing shall be held during which the secretary or the attorney general shall prove, by clear and convincing evidence, that the property in question is subject to forfeiture pursuant to Subsection A of this Section. No such contradictory hearing shall be required if the owner of the property in question agrees to the forfeiture.
C. If property is transferred to another person within six months prior to the occurrence or after the occurrence of the violation for which recovery is due or within six months prior to or after the institution of a criminal, civil, or departmental investigation or proceeding, it shall be prima facie evidence that the transfer was to avoid paying recovery or was an attempt to protect the property from forfeiture.
D. The health care provider or other person from whom recovery is due shall have an affirmative duty to fully disclose all property and liabilities, and all transfers of property which meet the criteria of Subsection C of this Section, to the court, the secretary and the attorney general.
E. Nothing in this Section shall limit the rights of a qui tam plaintiff who brings a qui tam action in accordance with Subpart C of this Part.
Acts 1997, No. 1373, §1; Acts 2025, No. 206, §1.
An action instituted pursuant to R.S. 46:437.6 or 437.7 may be brought in any of the following courts:
(1) The Nineteenth Judicial District Court for the parish of East Baton Rouge.
(2) A district court in the parish in which a health care provider or other person from whom recovery may be sought has its principal place of business or is domiciled.
Acts 1997, No. 1373, §1.
A. Recovery shall be granted a privilege under state law as to all property owned by the health care provider or other person from whom recovery is due and shall be effective as to third parties only if notice of pendency, lis pendens, is placed on the property , if recorded and reinscribed in accordance with Civil Code Articles 3320 through 3327, or if the conditions of Subsection C of this Section are applicable.
B. As to the property owned by the health provider, the privilege provided in Subsection A of this Section shall rank ahead of any other privilege, mortgage, or secured interest possessed by the health care provider, his agent, or his managing employee except the first mortgage executed upon the property.
C. If property is transferred to a third party to avoid paying of recovery, or in an attempt to protect the property from forfeiture, the privilege provided in Subsection A of this Section shall rank ahead of any other privilege, mortgage, or secured interest on the transferred property obtained or possessed by the person who obtains an ownership interest in the transferred property.
D. Recovery for a violation of R.S. 46:438.2 or R.S. 46:438.3 shall be considered a nondischargeable liability under the provisions of Title 11, U.S.C. Chapters 7, 11, and 13.
Acts 1997, No. 1373, §1.
A. A health care provider or person from whom recovery is due shall remain liable for the recovery regardless of any sale, merger, consolidation, dissolution, or other disposition of the health care provider or person, provided the obligation is recorded and reinscribed in accordance with Civil Code Articles 3320 through 3337.
B. Any person who obtains an ownership interest, whether by sale, merger, consolidation, or other disposition, in a health care provider or other person from whom recovery is due shall assume the liability and be responsible for paying the amount of any outstanding recovery. Such person shall remain liable, provided the obligation is recorded and reinscribed in accordance with Civil Code Articles 3320 through 3337.
Acts 1997, No. 1373, §1.
A. The department shall make payments from medical assistance programs funds for goods, services, or supplies rendered to recipients to any person who has a provider agreement in effect with the department, who is complying with all federal and state laws and rules pertaining to the medical assistance programs, and who agrees that no person shall be subjected to discrimination under the medical assistance programs because of race, creed, ethnic origin, sex, age, or physical condition.
B. Each provider agreement shall require the health care provider to comply fully with all federal and state laws and rules pertaining to the medical assistance programs, to licensure, if required, and the practice of medicine, osteopathy, surgery, and midwifery. The provider agreement shall require the health care provider to provide goods, services, or supplies only if medically necessary and that are within the scope and quality of standard care.
C. Each provider agreement shall be a voluntary contract between the department and the health care provider in which the health care provider agrees to comply with federal and state laws and rules pertaining to the medical assistance programs when furnishing goods, services, or supplies to a recipient and the department agrees to pay a sum, determined by fee schedule, payment methodology, or other method, for the goods, services, or supplies provided to the recipient. However, a provider agreement shall not be construed to be a contract for the purposes of R.S. 42:1113(D).
D.(1) Unless the provider agreement is terminated by the secretary for cause as provided in Paragraph (2) of this Subsection, a health care provider agreement shall be effective for a stipulated period of time, shall be terminable by either party thirty days after receipt of written notice, and shall be renewable by mutual agreement.
(2) The secretary may terminate a provider agreement immediately and without written notice if a health care provider is the subject of a sanction or of a criminal, civil, or departmental proceeding.
E. Each health care provider who has a provider agreement with the department shall receive at least one provider number but may receive more than one provider number.
Acts 1997, No. 1142, §2.
A. In addition to the requirements specified in R.S. 46:437.11, the provider agreement developed by the department shall require the health care provider to comply with the following:
(1) At the time of signing the provider agreement, have in his possession a valid professional or facility license or certificate pertinent to the goods, services, or supplies being provided, as required by applicable federal and state laws and rules, and maintain such license or certificate in good standing with the department throughout the effective period of the provider agreement.
(2) Maintain medical assistance programs-related records in a systematic and orderly manner that the department requires and determines are relevant to the goods, services, or supplies being provided.
(3) Retain medical assistance programs-related records for a period of five years to satisfy all necessary inquiries by the department.
(4) Safeguard the use and disclosure of information pertaining to current or former recipients and comply with federal and state laws and rules pertaining to confidentiality of patient information.
(5) Permit the department, the attorney general, the federal government, and any authorized agent of each of these entities access to all medical assistance programs-related records pertaining to goods, services, or supplies billed to the medical assistance programs, including access to all patient records and other health care provider information if the health care provider cannot easily separate records for recipients from other records.
(6) Bill other insurers and third parties, including the Medicare program, before billing the medical assistance programs, if after reasonable inquiry it is known that the recipient is eligible for payment for health care or related services from another insurer or person, and comply with all applicable federal and state laws and rules in regard to this billing.
(7) Report and refund any monies received in error or in excess of the amount to which the health care provider is entitled from the medical assistance programs.
(8) Be liable for and indemnify, defend, and hold the department harmless from any cause of action or recovery arising out of the negligence or omission of the health care provider in the course of providing goods, services, or supplies to a recipient or a person believed to be a recipient.
(9) At the option of the department, provide proof of liability insurance and maintain such insurance in effect for any period of time during which goods, services, or supplies are furnished to recipients.
(10)(a) Accept payment from the medical assistance programs as payment in full, and prohibit the health care provider from billing or collecting any additional amount from the recipient or the recipient's responsible party except, and only to the extent the department permits or requires, a co-payment, coinsurance, or a deductible to be paid by the recipient for the goods, services, or supplies provided.
(b) The payment-in-full policy shall not apply to goods, services, or supplies provided to a recipient if the goods, services, or supplies are not covered by the medical assistance programs or the recipient is determined not to be covered by medical assistance programs.
(11) Agree to be subject to claims review.
B. A provider agreement shall provide that, if the health care provider sells or transfers a business interest or practice that substantially constitutes the entity named as the health care provider in the provider agreement, or sells or transfers a facility that is of substantial importance to the entity named as the health care provider in the provider agreement, the health care provider shall maintain and make available to the department medical assistance programs-related records that relate to the sale or transfer of the business interest, practice, or facility in the same manner as though the sale or transaction had not taken place, unless the health care provider enters into an agreement with the purchaser of the business interest, practice, or facility to fulfill this requirement and provides a copy of this agreement to the department.
C. A provider agreement shall provide that any sale, merger, consolidation, or other disposition of a health care provider shall be subject to any and all outstanding debts and liabilities owed or which may be owed to the medical assistance programs.
D. A provider agreement shall provide that, if the department withholds payment or is entitled to recovery, such withholding or assessment of recovery may be imposed on any and all provider numbers in which the health care provider has an interest or in which he may have an interest.
Acts 1997, No. 1142, §2.
A. The department shall:
(1) Make payment timely at the established rate for goods, services, or supplies furnished to a recipient by the health care provider upon receipt of a properly completed and properly supported claim.
(2) Require certification on the claim form that the goods, services, or supplies have been completely furnished to a recipient eligible to receive the goods, services, or supplies and that, with the exception of those goods, services, or supplies specified by the department, the amount billed does not exceed the health care provider's usual and customary charge for the same goods, services, or supplies.
(3) Not demand repayment from the health care provider in any instance in which the medical assistance programs overpayment is attributable to error of the department in the determination of eligibility of a recipient.
B. The department may:
(1) Adopt, and include in the provider agreement, such other requirements and stipulations on either party as the department finds necessary to properly and efficiently administer the medical assistance programs.
(2)(a) Revoke any provider agreement as the result of a change of ownership in the named health care provider.
(b) Require a health care provider to give the department sixty days written notice before making any change in ownership of the person named in the provider agreement as the health care provider.
(3) Require, as a condition of participating in the medical assistance programs and before entering into the provider agreement, the following:
(a) An on-site inspection of the health care provider's service location by department representatives or other personnel designated by the secretary to assist in this function.
(b) A letter of credit, a surety bond, or a combination thereof, from the health care provider not to exceed fifty thousand dollars. The letter of credit, surety bond, or combination thereof may be required only if either of the following conditions is met:
(i) A letter of credit, surety bond, or any combination thereof is required for each health care provider in that category of health care provider.
(ii) The health care provider is the subject of a sanction or of a criminal, civil, or departmental proceeding.
(c) The submission of information concerning the professional, business, and personal background of the health care provider, any person having an ownership interest in the health care provider, and any agent of the health care provider. Such information shall include:
(i) Proof of holding a valid license or operating certificate, as applicable, if required by federal or state law or by rule or by a local jurisdiction in which the health care provider is located.
(ii) Any prior violation, fine, suspension, termination, or other administrative action taken under federal or state law or rule or the laws or rules of any other state relative to medical assistance programs, Medicare, or a regulatory body.
(iii) Any prior violation of the rules or regulations of any other public or private insurer.
(iv) Full and accurate disclosure of any financial or ownership interest that the health care provider, or a person with an ownership interest in that health care provider, may hold in any other health care provider or health care related entity or any other entity that is licensed by the state to provide health or residential care and treatment to persons.
(v) If a group health care provider, identification of all members of the group and attestation that all members of the group are enrolled in or have applied to enroll in the medical assistance programs.
C. Upon receipt of a completed, signed, and dated application, and after any necessary investigation by the department, which may include the Department of Public Safety and Corrections, office of state police background checks, the department shall either:
(1) Enroll the applicant as a Medicaid provider.
(2) Deny the application if, based on the grounds listed in R.S. 46:437.14, the secretary determines that it is in the best interest of the medical assistance programs to do so, specifying the reasons for denial.
D. In accordance with the provisions of 42 CFR 433.318(d)(2)(ii), the department is hereby granted the authority to certify that a provider enrolled in the Medical Assistance Program is out of business and that any overpayments made to the provider cannot be collected under state law.
Acts 1997, No. 1142, §2; Acts 2008, No. 139, §1.
A. The department may deny or revoke enrollment in the medical assistance programs to a health care provider if any of the following are found to be applicable to the health care provider, his agent, a managing employee, or any person having an ownership interest equal to five percent or greater in the health care provider:
(1) Misrepresentation.
(2) Previous or current exclusion, suspension, termination from, or the involuntary withdrawing from participation in, the medical assistance programs, any other state's Medicaid program, Medicare, or any other public or private health or health insurance program.
(3) Conviction under federal or state law of a criminal offense relating to the delivery of any goods, services, or supplies, including the performance of management or administrative services relating to the delivery of the goods, services, or supplies, under the medical assistance programs, any other state's Medicaid program, Medicare, or any other public or private health or health insurance program.
(4) Conviction under federal or state law of a criminal offense relating to the neglect or abuse of a patient in connection with the delivery of any goods, services, or supplies.
(5) Conviction under federal or state law of a criminal offense relating to the unlawful manufacture, distribution, prescription, or dispensing of a controlled substance.
(6) Conviction under federal or state law of a criminal offense relating to fraud, theft, embezzlement, breach of fiduciary responsibility, or other financial misconduct.
(7) Conviction under federal or state law of a criminal offense punishable by imprisonment of a year or more which involves moral turpitude, or acts against persons who are elderly, children, or persons with infirmities.
(8) Conviction under federal or state law of a criminal offense in connection with the interference or obstruction of any investigation into any criminal offense listed in Paragraphs (3) through (9) of this Subsection.
(9) Sanction pursuant to a violation of federal or state laws or rules relative to the medical assistance programs, any other state's Medicaid program, Medicare, or any other public health care or health insurance program.
(10) Violation of licensing or certification conditions or professional standards relating to the licensure or certification of health care providers or the required quality of goods, services, or supplies provided.
(11) Failure to pay recovery properly assessed or pursuant to an approved repayment schedule under the medical assistance programs.
(12) Failure to meet any condition of enrollment.
B. Before signing a provider agreement and at the discretion of the department, a person may become eligible to receive payment from the medical assistance programs from the time the goods, services, or supplies were furnished, if:
(1) The goods, services, or supplies provided were otherwise compensable.
(2) The person met all other requirements of a health care provider at the time the goods, services, or supplies were provided.
(3) The person agrees to abide by the provisions of the provider agreement to be effective from the date the goods, services, or supplies were provided.
Acts 1997, No. 1142, §2; Acts 2014, No. 811, §24, eff. June 23, 2014.
A. The attorney general shall diligently investigate a violation of this Part. The secretary or the attorney general, on behalf of the state, may institute a civil action in the Nineteenth Judicial District Court for the parish of East Baton Rouge or another court of proper jurisdiction to seek recovery from persons who violate the provisions of this Part. The contract of employment of any private counsel, including fee amounts, and all final fees and costs, shall be a public record.
B. An action to recover costs, expenses, fees, and attorney fees shall be ancillary to, and shall be brought and heard in the same court as, the civil action brought under the provision of Subsection A of this Section.
C.(1) A prevailing defendant may seek recovery for costs, expenses, fees, and attorney fees only if the court finds, following a contradictory hearing, that either of the following apply:
(a) The action was instituted by the state pursuant to Subsection A of this Section after it should have been determined by the state to be frivolous, vexatious, or brought primarily for the purpose of harassment.
(b) The state proceeded with the action instituted pursuant to Subsection A of this Section after it should have been determined by the state that proceeding would be frivolous, vexatious, or for the purpose of harassment.
(2) Recovery awarded to a prevailing defendant shall be awarded only for those reasonable, necessary, and proper costs, expenses, fees, and attorney fees actually incurred by the prevailing defendant.
D. An action to recover costs, expenses, fees, and attorney fees may be brought no later than sixty days after the rendering of judgment by the district court, unless the district court decision is appealed. If the district court decision is appealed, such action may be brought no later than sixty days after the rendering of the final opinion on appeal by the court of appeal or, if applicable, by the supreme court.
Acts 1997, No. 1373, §1; Acts 2014, No. 711, §1; Acts 2025, No. 206, §1.
A. No person shall solicit, receive, offer, or pay any remuneration, including but not limited to kickbacks, bribes, rebates, or bed hold payments, directly or indirectly, overtly or covertly, in cash or in kind, for the following:
(1) In return for referring an individual to a health care provider, or for referring an individual to another person for the purpose of referring an individual to a health care provider, for the furnishing or arranging to furnish any good, supply, or service for which payment may be made, in whole or in part, under the medical assistance programs.
(2) In return for purchasing, leasing, or ordering, or for arranging for or recommending purchasing, leasing, or ordering, any good, supply, or service, or facility for which payment may be made, in whole or in part, under the medical assistance programs.
(3) To a recipient of goods, services, or supplies, or his representative, for which payment may be made, in whole or in part, under the medical assistance programs.
(4) To obtain a recipient list, number, name, or any other identifying information.
B. An action brought pursuant to the provisions of this Section shall be instituted within one year of when the department knew that the prohibited conduct occurred. Such prohibited conduct shall be referred to in this Part as "illegal remuneration".
C. By rules and regulations promulgated in accordance with the Administrative Procedure Act, the secretary may provide for additional "safe harbor" exceptions to which the provisions of this Section shall not apply.
D. The following are "safe harbor" exceptions to which the provisions of this Section shall not apply:
(1) A discount or other reduction in price obtained by a health care provider under the medical assistance programs if the reduction in price is properly disclosed to the department and is reflected in the claim made by the health care provider.
(2) Any amount paid by an employer to an employee, who has a bona fide employment relationship with such employer, for the provision of covered goods, services, or supplies.
(3) Any discount amount paid by a vendor of goods, services, or supplies to a person authorized to act as a purchasing agent for a group of health care providers who are furnishing goods, services, or supplies paid or reimbursed under the medical assistance programs provided the following criteria are met:
(a) The person acting as the purchasing agent has a written contract with each health care provider specifying the amount to be paid to the purchasing agent, which amount may be a fixed amount or a fixed percentage of the value of the purchases made by each such health care provider under the contract, or a combination of both.
(b) The health care provider discloses the information contained in the required written contract to the secretary in such form or manner as required under rules and regulations promulgated by the secretary in accordance with the Administrative Procedure Act.
(4) Any other "safe harbor" exception created by federal or state law or by rule.
Acts 1997, No. 1373, §1.
A. No person shall knowingly present or cause to be presented a false or fraudulent claim for payment or approval.
B. No person shall knowingly engage in misrepresentation or knowingly make, use, or cause to be made or used, a false record or statement material to a false or fraudulent claim.
C. No person shall knowingly make, use, or cause to be made or used, a false record or statement material to an obligation to pay or transmit money or property to the medical assistance programs, or knowingly conceal or knowingly and improperly avoid or decrease an obligation to pay or transmit money or property to the medical assistance programs.
D. No person shall conspire to defraud the medical assistance programs or conspire to commit a violation of this Part.
E.(1) No person shall knowingly submit a claim for goods, services, or supplies which were medically unnecessary or which were of substandard quality or quantity.
(2) If a managed care health care provider or a health care provider operating under a voucher system under the medical assistance programs fails to provide medically necessary goods, services, or supplies or goods, services, or supplies which are of substandard quality or quantity to a recipient, and those goods, services, or supplies are covered under the managed care contract or voucher contract with the medical assistance programs, such failure shall constitute a violation of Paragraph (1) of this Subsection.
(3) "Substandard quality" in reference to services applicable to medical care as used in this Subsection shall mean substandard as to the appropriate standard of care as used to determine medical malpractice, including but not limited to the standard of care provided in R.S. 9:2794.
F. No person shall knowingly make or cause to be made a claim under the medical assistance programs for any of the following:
(1) A service or product that has not been approved or prescribed by a treating physician or health care practitioner.
(2) A service or product that is substantially inadequate or inappropriate when compared to generally recognized standards within the particular discipline or within the health care industry.
(3) A product that has been adulterated, debased, mislabeled, or is otherwise inappropriate.
G. No person shall knowingly make, cause to be made, induce, or seek to induce the making of a false statement or misrepresentation of material fact concerning any of the following:
(1) The condition or operation of a facility in order that the facility may qualify for certification or recertification required by the medical assistance programs including but not limited to certification or recertification of any of the following:
(a) A hospital.
(b) A nursing facility or skilled nursing facility.
(c) A hospice.
(d) An intermediate care facility for people with developmental disabilities.
(e) An assisted living facility.
(f) A home health agency.
(2) Information the person is required to produce to the department by federal or state law, rule, regulation, or provider agreement.
H. No provider or provider-in-fact shall fail to provide to the department, attorney general, legislative auditor, or other appropriate state agency information required to be provided by law, rule, or contractual provision.
I. No person shall defraud or attempt to defraud the medical assistance programs through misrepresentation.
J. No person shall obtain or attempt to obtain payment for a false or fraudulent claim.
K. It shall be unlawful for a managed care organization or a subcontractor to a managed care organization that contracts with the department or other state agency to provide or arrange to provide health care benefits or services to individuals eligible under the medical assistance programs and knowingly do any of the following:
(1) Fail to provide an individual a healthcare benefit or service that the organization is required to provide under the contract with the department.
(2) Fail to provide to the department, attorney general, legislative auditor, or other appropriate state agency information required to be provided by law, rule, or contractual provision.
(3) Engage in fraudulent activity in connection with the enrollment of an individual eligible under the medical assistance programs or in connection with marketing the organization's services to an individual eligible under the medical assistance programs.
L. No person shall make a claim under the medical assistance programs and knowingly misrepresent the identification of the healthcare provider who actually provided the service when such identification is necessary to obtain payment for the claim.
M. Each violation of this Section may be treated as a separate violation or may be combined into one violation at the option of the secretary or the attorney general.
N. No action brought pursuant to this Section shall be instituted later than ten years after the date upon which the alleged violation occurred.
Acts 1997, No. 1373, §1; Acts 2007, No. 14, §1, eff. June 18, 2007; Acts 2009, No. 426, §1; Acts 2011, No. 185, §1; Acts 2025, No. 206, §1.
A. No person shall knowingly make, use, or cause to be made or used a false, fictitious, or misleading statement on any form used for the purpose of certifying or qualifying any person for eligibility for the medical assistance programs or to receive any good, service, or supply under the medical assistance programs which that person is not eligible to receive.
B. No unauthorized person, or no authorized person for an unauthorized purpose, shall obtain a recipient list, number, name, or any other identifying information, nor shall that person use, possess, or distribute such information.
C. An action brought pursuant to the provisions of this Section shall be instituted within one year of when the department knew that the prohibited conduct occurred.
Acts 1997, No. 1373, §1.
A. In a civil action instituted in the courts of this state pursuant to the provisions of this Part, the secretary or the attorney general may seek a civil monetary penalty provided in R.S. 46:438.6(C) from any of the following:
(1) A health care provider or other person sanctioned by order pursuant to an administrative adjudication.
(2) A health care provider or other person determined by a court to have violated any provision of this Part.
(3) A health care provider or other person who has violated a settlement agreement entered into pursuant to this Part.
(4) A health care provider or other person who has been charged with a violation of R.S. 14:70.1, R.S. 14:133, or R.S. 46:114.2.
(5) A health care provider or other person who has been found liable in a civil action filed in federal court pursuant to 18 U.S.C. 1347, et seq., 42 U.S.C. 1359nn(h)(6), or 42 U.S.C. 1320a-7(b).
(6) A health care provider or other person who has pled guilty to, pled nolo contendere to, or has been convicted in federal court of criminal conduct arising out of circumstances which would constitute a violation of this Part.
B.(1) If a health care provider is sanctioned by order pursuant to an administrative adjudication and if judicial review of the order is sought, a civil suit may be filed for imposition and recovery of the civil monetary penalty during the pendency of such judicial review. The reviewing court may consolidate both actions and hear them concurrently.
(2) If judicial review of an order is sought, the secretary or the attorney general shall file the action for recovery of the civil monetary penalty within one year of service on the secretary of the petition seeking judicial review of the order.
(3) If no judicial review of an order is sought, the secretary or the attorney general may file the action for recovery of the civil monetary penalty within one year of the date of the order.
(4) Any action brought under the provisions of this Subsection shall be filed in the Nineteenth Judicial District Court for the parish of East Baton Rouge.
C. In the instance of a state criminal action, the action for recovery of the civil monetary penalty may be brought as part of the criminal action or shall be brought within one year of the date of the criminal conviction or final plea.
D.(1) In the case of a civil judgment rendered in federal court, the action for recovery of the civil monetary penalty may be brought once the judgment becomes enforceable and no later than one year after written notification to the secretary of the enforceable judgment.
(2) In the case of a criminal conviction or plea in federal court, the action under this Section may be brought once the conviction or plea is final and no later than one year after written notification to the secretary of the rendering of the conviction or final plea.
(3) Any action brought under the provisions of this Subsection shall be filed in the Nineteenth Judicial District Court for the parish of East Baton Rouge.
E. If an action is brought pursuant to this Part, the request for the imposition of a civil monetary penalty shall only be considered if made part of the original or amended petition.
F. Nothing in this Section shall limit the rights of a qui tam plaintiff who brings a qui tam action in accordance with Subpart C of this Part.
Acts 1997, No. 1373, §1; Acts 2025, No. 206, §1.
A. Actual damages. (1) Actual damages incurred as a result of a violation of the provisions of this Part shall be recovered only once by the medical assistance programs and shall not be waived by the court.
(2), (3) Repealed by Acts 2025, No. 206, §2.
B. Civil fine. (1) Any person who is found to have violated R.S. 46:438.2 shall be subject to a civil fine in an amount not to exceed ten thousand dollars per violation, or an amount equal to three times the value of the illegal remuneration, whichever is greater.
(2) Except as limited by this Section, any person who is found to have violated R.S. 46:438.3 shall be subject to a civil fine in an amount not to exceed three times the amount of actual damages sustained by the medical assistance programs as a result of the violation.
C. Civil monetary penalty. (1) In addition to the actual damages provided in Subsection A of this Section and the civil fine imposed pursuant to Subsection B of this Section, the following civil monetary penalties shall be imposed on the violator:
(a) Not less than five thousand five hundred dollars but not more than eleven thousand dollars for each false or fraudulent claim, misrepresentation, illegal remuneration, or other prohibited act as contained in R.S. 46:438.2, 438.3, or 438.4.
(b) Payment of interest on the amount of the civil fine imposed pursuant to Subsection B of this Section at the maximum rate of legal interest provided by R.S. 13:4202 from the date the damage occurred to the date of repayment.
(2) Prior to the imposition of a civil monetary penalty, the court shall consider if there are extenuating circumstances as provided in R.S. 46:438.7.
(3) The penalties provided in this Subsection shall be adjusted according to the Federal Civil Penalties Inflation Adjustment Act of 1990, 28 U.S.C. 2461.
D. Costs, expenses, fees, and attorney fees. (1) Any person who is found to have violated this Subpart shall be liable for all costs, expenses, and fees related to investigations and proceedings associated with the violation, including attorney fees.
(2) All awards of costs, expenses, fees, and attorney fees are subject to review by the court using a reasonable, necessary, and proper standard of review.
(3) The state shall promptly remit awards for those costs, expenses, and fees incurred by the various clerks of court or sheriffs involved in the investigations or proceedings to the appropriate clerk or sheriff.
E. Damages. (1) If recovery is due from a health care provider under the provisions of Subsections A and B of this Section, such recovery shall constitute civil liquidated damages for breach of the conditions and requirements of participation in the medical assistance programs which are and shall be construed by the courts to be remedial, but not retroactive, in nature.
(2) Any award of civil liquidated damages, costs, expenses, and attorney fees shall be in addition to criminal penalties and to the civil monetary penalty provided in Subsection C of this Section.
Acts 1997, No. 1373, §1; Acts 2007, No. 14, §1, eff. June 18, 2007; Acts 2011, No. 185, §1; Acts 2025, No. 206, §§1, 2.
If requested by the secretary or the attorney general, the court may reduce to not less than twice the actual damages or any recovery required to be imposed under the provisions of this Subpart if all of the following extenuating circumstances are found to be applicable:
(1) The violator furnished all the information known to him about the specific allegation to the secretary or attorney general no later than thirty days after the violator first obtained the information.
(2) The violator cooperated fully with all federal or state investigations concerning the specific allegation.
(3) At the time the violator furnished the information concerning the specific allegation to the state, no criminal prosecution, civil action, or administrative action had been commenced as to the alleged violation, and the violator did not have actual knowledge of the existence of an investigation into such a violation.
Acts 1997, No. 1373, §1; Acts 2011, No. 185, §1; Acts 2025, No. 206, §1.
A. The burden of proof in an action instituted pursuant to this Part shall be on the medical assistance programs and by a preponderance of the evidence, except that the defendant shall carry the burden of proving that goods, services, or supplies were actually provided to an eligible recipient in the quantity and quality submitted on a claim. In all other aspects, the burden of proof shall be as set forth in the Code of Civil Procedure and other applicable laws.
B. Proof by a preponderance of the evidence of a false or fraudulent claim or illegal remuneration shall be deemed to exist under the following circumstances:
(1) If the defendant has pled guilty to, been convicted of, or entered a nolo contendere plea to a criminal charge in any federal or state court to charges arising out of the same circumstances as would be a violation of this Subpart.
(2) If an order has been rendered against a defendant finding the defendant to have violated this Subpart.
(3) Notwithstanding any other provision of law, rules of criminal procedure, or the rules of evidence to the contrary, a final judgment rendered in favor of the state in any criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty or nolo contendere, shall prevent the defendant from denying the essential elements of the offense in any action involving the same transaction as in the criminal proceeding and brought by the secretary or attorney general pursuant to this Subpart or a qui tam action pursuant to Subpart C of this Part.
C.(1) The submission of a certified or true copy of an order, civil judgment, or criminal conviction or plea shall be prima facie evidence of the same.
(2) The submission of the bill of information or of the indictment and the minutes of the court shall be prima facie evidence as to the circumstances underlying a criminal conviction or plea.
D.(1) In determining whether a pattern of incorrect submissions exists in regard to an alleged false or fraudulent claim, the court shall give consideration as to whether the total amount of the incorrect submissions by a health care provider is material in relation to the total claims submitted by the health care provider.
(2) Repealed by Acts 2025, No. 206, §2.
Acts 1997, No. 1373, §1; Acts 2025, No. 206, §§1, 2.
A. A private person may institute a civil action in the courts of this state on behalf of the state and himself to seek recovery for a violation of R.S. 46:438.2, 438.3, or 438.4 pursuant to the provisions of this Subpart. The institutor shall be known as a "qui tam plaintiff" and the civil action shall be known as a "qui tam action". The action may be dismissed only if the court and the attorney general give written consent to the dismissal and reasons for consenting.
B. No qui tam action shall be instituted more than six years after the date on which the violation of the Louisiana Medical Assistance Programs Integrity Law is committed or more than three years after the date the facts material to the right of action are known or reasonably should have been known by the official of the state of Louisiana charged with the responsibility to act in the circumstances, but no more than ten years after the date on which the violation is committed, whichever occurs last.
C. The burden of proof in a qui tam action instituted pursuant to this Subpart shall be the same as that set forth in R.S. 46:438.8.
D.(1) Unless the action is brought by the state or the qui tam plaintiff is an original source of information, the court shall dismiss an action or claim in accordance with this Section, unless opposed by the state if substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed in any of the following:
(a) A criminal, civil, or administrative hearing in which the state or its agent is a party.
(b) A state legislative or other state hearing, report, audit, or investigation.
(c) The news media.
(2) For the purposes of this Subsection, "original source" means an individual who, prior to a public disclosure in accordance with this Subsection, has voluntarily disclosed to the state the information on which allegations or transactions in a claim are based or who has knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions, and who has voluntarily provided the information to the state before filing an action in accordance with this Subpart.
E. Any employee, contractor, or agent shall be entitled to all relief necessary to make that employee, contractor, or agent whole, if the employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, agent, or associated others in furtherance of an action in accordance with this Part or other efforts to stop one or more violations of this Part.
(1) Relief in accordance with this Subsection shall include reinstatement with the same seniority status the employee, contractor, or agent would have had but for the discrimination, two times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney fees. An action in accordance with this Section may be brought in the appropriate district court of competent jurisdiction for the relief provided in this Section.
(2) A civil action in accordance with this Section may not be brought more than three years after the date the retaliation occurred.
F. Repealed by Acts 2025, No. 206, §2.
G. Notwithstanding any other law to the contrary, a qui tam complaint and information delivered to the state shall not be subject to discovery or become public record until judicial service of the qui tam action is made on any of the defendants, except that the information contained therein may be given to other governmental entities or their authorized agents for review and investigation. The entities and their authorized agents shall maintain the confidentiality of the information provided to them under this Subsection.
H, I. Repealed by Acts 2011, No. 185, §2.
Acts 1997, No. 1373, §1; Acts 2009, No. 426, §1; Acts 2011, No. 185, §§1, 2; Acts 2025, No. 206, §§1, 2.
A. The following procedures shall be applicable to a qui tam action:
(1) The complaint shall be captioned: State of Louisiana Ex Rel.: [insert name of qui tam plaintiff(s)] v. [insert name of defendant(s)]". The qui tam complaint shall be filed with the appropriate state or federal district court.
(2) A copy of the qui tam complaint and written disclosure of substantially all material evidence and information each qui tam plaintiff possesses shall be served upon the state in accordance with the applicable rules of civil procedure.
(3) When a person brings an action in accordance with this Subpart, no person or entity other than the state may intervene or bring a related action based on the facts underlying the pending action.
(4)(a) The complaint and information filed with the court shall be made under seal, shall remain under seal for at least ninety days from the date of filing, and shall be served on the defendant when the seal is removed.
(b) For good cause shown, the state may move the court for extensions of time during which the petition remains under seal. Any such motions may be supported by affidavits or other submissions in camera and under seal.
B.(1) If the state elects to intervene in the action, the state shall not be bound by any act of a qui tam plaintiff. The secretary or the attorney general shall control the qui tam action proceedings on behalf of the state and the qui tam plaintiff may continue as a party to the action, subject to the limitations set forth in this Section and R.S. 46:439.3. For prescription purposes, any government complaint in intervention, whether filed separately or as an amendment to the qui tam plaintiff's complaint, shall relate back to the filing date of the complaint, to the extent that the claim of the government arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the qui tam plaintiff's complaint.
(2) Upon a showing by the state during the course of the litigation by the qui tam plaintiff that the action would interfere with or unduly delay the state's prosecution of the case, or it would be repetitious, irrelevant, or for the purposes of harassment, the court may, in its discretion, impose limitations on the qui tam plaintiff's participation, including but not limited to all of the following:
(a) Limiting the number of witnesses the qui tam plaintiff may call.
(b) Limiting the length of a witness' testimony.
(c) Limiting the qui tam plaintiff's cross-examination of a witness.
(d) Otherwise limiting the participation of the qui tam plaintiff in the litigation.
(3) If requested by the state and notwithstanding the objection of the qui tam plaintiff, the court may dismiss the qui tam action provided the qui tam plaintiff has been notified by the state of the filing of the motion to dismiss and the court has provided the qui tam plaintiff a contradictory hearing on the motion.
(4)(a) Whether or not the state proceeds with the action, upon a showing by the state that certain actions of discovery by the qui tam plaintiff would interfere with the investigation or proceedings of a criminal or civil matter arising out of the same facts, the court may stay such discovery for a period of not more than sixty days. The court shall conduct an in-camera showing in accordance with this Subparagraph. The court may extend the sixty-day period upon a further showing, in-camera, that the state has pursued the criminal or civil investigation or proceedings with reasonable diligence and any proposed discovery in the qui tam action will interfere with the ongoing criminal or civil investigation or proceedings.
(b) When a qui tam plaintiff proceeds with the action, the court, without limiting the status and rights of the qui tam plaintiff, may nevertheless permit the secretary or the attorney general to intervene at a later date upon a showing of good cause.
(5) The state may settle the qui tam action with the defendant notwithstanding the objection of the qui tam plaintiff if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under the circumstances. The court may conduct the hearing in camera upon a showing of good cause.
C. Repealed by Acts 2011, No. 185, §2.
D. A defendant shall have thirty days from the time a qui tam complaint is served on him to file a responsive pleading.
E. If the state elects not to proceed with the action, the qui tam plaintiff shall have the right to conduct the action. At the state's request, the qui tam plaintiff and the defendant shall serve the state with all pleadings in the action and supply the state with copies of all deposition transcripts at the state's expense.
F. Repealed by Acts 2025, No. 206, §2.
Acts 1997, No. 1373, §1; Acts 2007, No. 14, §1, eff. June 18, 2007; Acts 2009, No. 426, §1; Acts 2011, No. 185, §§1, 2; Acts 2025, No. 206, §§1, 2.
Notwithstanding any other provision of this Subpart, the secretary or the attorney general may elect to pursue an administrative or civil action against a qui tam defendant through any alternative remedy available to the secretary or the attorney general. If an alternate remedy is pursued in another proceeding, the person initiating the action shall have the same rights he would have had if the action had continued in accordance with this Subpart. Any finding of fact or conclusion of law made in the other proceeding that has become final shall be conclusive on all parties to an action in accordance with this Subpart. A finding or conclusion is final if it has been finally determined on appeal, if all delays for the filing of an appeal regarding the finding or conclusion have expired, or if the finding or conclusion is not subject to judicial review.
Acts 1997, No. 1373, §1; Acts 2009, No. 426, §1.
A.(1) Except as provided by Subsection D of this Section and Paragraph (3) of this Subsection, if the state proceeds in the action brought by a qui tam plaintiff, the qui tam plaintiff shall receive at least fifteen percent, but not more than twenty-five percent, of recovery.
(2) In making a determination of award to the qui tam plaintiff, the court shall consider the extent to which the qui tam plaintiff substantially contributed to the prosecution of the action.
(3) If the court finds the allegations in the qui tam action to be based primarily on disclosures of specific information, other than information provided by the qui tam plaintiff, relating to allegations or transactions in criminal, civil, or administrative hearings, or from the news media, the court may award such sum it considers appropriate, but in no case may the court award more than ten percent of the proceeds, considering the significance of the information and the role of the person bringing the action in advancing the case to litigation. Any payment to a person in accordance with this Subsection shall be made from the proceeds recovered.
B. Except as provided by Subsection D of this Section, if the secretary or the attorney general does not intervene in the qui tam action, the qui tam plaintiff shall receive an amount, not less than twenty-five but not more than thirty percent of recovery, which the court decides is reasonable for the qui tam plaintiff pursuing the action to judgment or settlement.
C.(1) In addition to all other recovery to which he is entitled and if he prevails in the qui tam action through litigation or settlement, the qui tam plaintiff shall be entitled to an award against the defendant for costs, expenses, fees, and attorney fees, subject to review by the court using a reasonable, necessary, and proper standard of review.
(2) If the state does not intervene and the qui tam plaintiff conducts the action, the court may award costs, expenses, fees, and attorney fees to a prevailing defendant if the court finds that the claims of the qui tam plaintiff were clearly frivolous, clearly vexatious, or primarily for the purposes of harassment.
D. Whether or not the secretary or the attorney general intervenes, if the court finds that the action was brought by a person who planned and initiated the violation which is the subject of the action, then the court may, to the extent the court considers appropriate, reduce the share of the proceeds of the action which the qui tam plaintiff would otherwise receive under Subsection A or B of this Section, taking into account the role the qui tam plaintiff played in advancing the case to judgment or settlement and any relevant circumstances pertaining to the qui tam plaintiff's participation in the violation.
E. When more than one party serves as a qui tam plaintiff, the share of recovery each receives shall be determined by the court. In no case, however, shall the total award to multiple qui tam plaintiffs be greater than the total award allowed to a single qui tam plaintiff under Subsection A or B of this Section.
F. In no instance shall the state, including but not limited to any state department, agency, or board, be liable for any costs, expenses, fees, or attorney fees incurred by the qui tam plaintiff or for any award entered against the qui tam plaintiff.
G. The percentage of the share awarded to or settled for by the qui tam plaintiff shall be determined using the total amount of the proceeds of the action or settlement of the claim.
Acts 1997, No. 1373, §1; Acts 2007, No. 14, §1, eff. June 18, 2007; Acts 2009, No. 426, §1; Acts 2011, No. 185, §1; Acts 2025, No. 206, §1.
A. The Medical Assistance Programs Fraud Detection Fund, hereafter referred to as the "fund", is created in the state treasury as a special fund. The monies in the fund shall be invested by the state treasurer in the same manner as monies in the state general fund and interest earned on the investment of monies in the fund shall be credited to the fund. All unexpended and unencumbered monies in the fund at the end of each fiscal year shall remain in the fund.
B. After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, and prior to monies being placed in the state general fund, all monies received by any state entity related to a recovery, fine, or penalty pertaining to the medical assistance programs, including all monetary sanctions assessed against providers and managed care organizations, after accounting for any federal share, and excluding any third party liability and estate recoveries as defined by federal regulation, shall be deposited into the fund.
C. After allocation of an amount sufficient to fully fund the Medicaid fraud control unit within the office of the attorney general, the remaining monies in the fund shall be allocated as follows:
(1) Fifty percent to the Medicaid fraud control unit within the office of the attorney general.
(2) Fifty percent to the Louisiana Department of Health program integrity section.
D. The balance of the fund shall not exceed twenty million dollars. Any monies collected pursuant to Subsection B of this Section in excess of the twenty million dollar fund balance shall be used to fund the medical assistance programs.
E. The monies in the fund shall be used to fund the Medicaid fraud control unit within the office of the attorney general and the Louisiana Department of Health program integrity section. The monies in the fund shall not be used to replace, displace, or supplant state general funds appropriated for the daily operation of the Louisiana Department of Health, the office of the attorney general, or the medical assistance programs.
Acts 1997, No. 1373, §1; Acts 2008, No. 712, §1, eff. July 1, 2009; Acts 2017, No. 420, §1; Acts 2025, No. 401, §1, eff. July 1, 2025.
NOTE: See R.S. 46:440.8 regarding termination of Subpart on Aug. 1, 2019.
A. The secretary may provide a reward of up to two thousand dollars to an individual who submits information to the secretary which results in recovery pursuant to the provisions of this Part, provided such individual is not himself subject to recovery under this Part.
B. The secretary shall grant rewards only to the extent monies are appropriated for this purpose from the Medical Assistance Programs Fraud Detection Fund. The secretary shall determine the amount of a reward, not to exceed two thousand dollars per individual per action, and establish a process to grant the reward in accordance with rules and regulations promulgated in accordance with the Administrative Procedure Act.
Acts 1997, No. 1373, §1.
NOTE: See R.S. 46:440.8 regarding termination of Subpart on Aug. 1, 2019.
Repealed by Acts 2025, No. 206, §2.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2022, No. 252, §4.
A. The legislature hereby finds all of the following:
(1) States are required to implement provisions of the Patient Protection and Affordable Care Act, comprised of Public Laws 111-148 and 111-152, relative to Medicaid recovery audit contractors.
(2) The recovery audit function is a useful tool for improving Medicaid program integrity and ensuring that public monies are used for appropriate and necessary healthcare services.
(3) Healthcare providers are subject to numerous audits from the state and federal health agencies and reviews by Medicaid managed care companies which result in increased administrative costs that raise costs to all healthcare consumers.
B. The legislature hereby declares that simplifying and standardizing Medicaid recovery audit functions is necessary and in the best interest of this state. Therefore, the purpose of this Subpart is to provide for greater Medicaid program integrity by establishing a standardized recovery audit contractor program.
Acts 2014, No. 568, §1, eff. Aug. 15, 2014.
As used in this Subpart, the following terms have the meaning ascribed in this Section:
(1) "Adverse determination" means any decision rendered by the recovery audit contractor that results in a payment to a provider for a claim or service being reduced either partially or completely.
(2) "Contractor" and "recovery audit contractor" mean a Medicaid recovery audit contractor selected by the department to perform audits for the purpose of ensuring Medicaid program integrity in accordance with the provisions of 42 CFR 455 et seq.
(3) "Department" means the Louisiana Department of Health.
(4) "Medicaid" and "medical assistance program" mean the medical assistance program provided for in Title XIX of the Social Security Act.
(5) "Provider" means any healthcare entity enrolled with the department as a provider in the Medicaid program.
Acts 2014, No. 568, §1, eff. Aug. 15, 2014.
A. There is hereby established within the department a recovery audit contractor program. The program shall adhere to the requirements provided in this Subpart.
B. The department shall promulgate all rules in accordance with the Administrative Procedure Act and shall submit all Medicaid state plan amendments as are necessary to implement the provisions of this Subpart.
Acts 2014, No. 568, §1, eff. Aug. 15, 2014.
A. Notwithstanding any other provision of law to the contrary, the department shall require that its recovery audit contractor perform all of the following functions and tasks:
(1) Review claims within three years of the date of their initial payment.
(2) Send a determination letter concluding an audit within sixty days of receipt of all requested materials from a provider.
(3) Furnish in any records request to a provider adequate information for the provider to identify the patient, including but not limited to claim number, medical record number, patient name, and service dates.
(4) Exclude all of the following from its scope of review:
(a) Claims processed or paid within ninety days of implementation of any Medicaid managed care program.
(b) Claims processed or paid through a capitated Medicaid managed care program.
(c) Medical necessity reviews in which the provider has obtained prior authorization for the service.
(5) Develop and implement a process to ensure that providers receive or retain the appropriate reimbursement amount for claims within the lookback period in which the contractor determines that services delivered have been improperly billed, but were reasonable and necessary.
(6)(a) Prohibit the recoupment of overpayments by the contractor until all informal and formal appeals processes have been completed.
(b) Nothing in this Paragraph shall apply to claims that the contractor suspects to be fraudulent.
(7) Refer claims it suspects to be fraudulent directly to the department for investigation.
(8) Provide a detailed explanation in writing to a provider for any adverse determination that would result in partial or full recoupment of a payment to the provider. The written notification provided for in this Paragraph shall include, at minimum, all of the following:
(a) The reason for the adverse determination.
(b) The specific medical criteria on which the adverse determination was based.
(c) An explanation of the provider's appeal rights.
(d) If applicable, an explanation of the appropriate reimbursement determined in accordance with the provisions of Paragraph (5) of this Subsection.
(9)(a) Limit records requests in a ninety-day period to not more than one percent of the number of claims filed by the provider for the specific service being reviewed in the previous state fiscal year, not to exceed two hundred records.
(b) The contractor shall allow a provider no less than forty-five days to comply with and respond to a record request.
(c) If the contractor can demonstrate a significant provider error rate relative to an audit of records, the contractor may make a request to the department to initiate an additional records request relative to the issue being reviewed for the purposes of further review and validation. The contractor shall not make the request to the department until the time period for the informal appeals process has expired, and the provider shall be given the opportunity to contest to the department the second records request.
(10) Utilize provider self-audits only if mutually agreed to by the contractor and provider.
(11) Schedule any onsite audits of a low-risk provider with advance notice of not less than ten business days and make a good-faith effort to establish a mutually agreed upon date and time.
(12) Publish on its Internet website department-approved issues for review. Information concerning such issues shall include, at minimum, the name and description of the issue, type of provider, review period, and applicable policy relative to the review.
(13) On a semiannual basis, develop, implement, and publish on its Internet website metrics related to its performance. Such metrics shall include but not be limited to the following:
(a) The number and type of issues reviewed.
(b) The number of medical records requested.
(c) The number of overpayments and underpayments identified by the contractor.
(d) The aggregate dollar amounts associated with identified overpayments and underpayments.
(e) The duration of audits from initiation to time of completion.
(f) The number of adverse determinations and the overturn rates of those determinations at each stage of the informal and formal appeal process.
(g) The number of informal and formal appeals filed by providers, categorized by disposition status.
(h) The contractor's compensation structure and dollar amount of compensation.
(14) Post on its Internet website its contract with the department for recovery audit services.
(15)(a) Perform a semiannual review of recovery audit issues and identify any potential opportunities for improvement and correction of medical assistance program policies, procedures, and infrastructure that would result in proactive and efficient minimization of improper payments.
(b) The contractor shall submit the reviews provided for in this Paragraph to the department and publish such reviews on its Internet website.
(16) At least semiannually, perform educational and training programs for providers that encompass all of the following:
(a) A recapitulation of audit results, common issues and problems, and mistakes identified through audits and reviews.
(b) A discussion of opportunities for improvement in provider performance with respect to claims billing and documentation.
(17)(a) Allow providers to submit in electronic format the records requested in association with an audit.
(b) If a provider must reproduce records manually because no electronic format is available, or because the contractor requests a nonelectronic format, the contractor shall make reasonable efforts to reimburse to the provider the cost of medical records reproduction consistent with the provisions of 42 CFR 476.78.
B. In any contract between the department and a recovery audit contractor, the payment or fee provided to the contractor for identification of Medicaid provider overpayments shall be equal to that provided for identification of Medicaid provider underpayments.
Acts 2014, No. 568, §1, eff. Aug. 15, 2014.
A. A provider shall have a right to the informal and formal appeals processes for determinations made by the recovery audit contractor as provided in this Section.
B. The contractor shall establish an informal appeals process that conforms with all of the following guidelines:
(1) From the date of receipt of the initial findings letter by the contractor, there shall be an informal discussion and consultation period wherein the provider and contractor may communicate regarding any determinations for reasons including but not limited to policies, criteria, and program rules pertinent to the determination.
(2)(a) Within forty-five days of receipt of a notification of an adverse determination from the contractor, a provider shall have the right to request an informal hearing of such findings, or a portion thereof, with the contractor and the Medicaid program integrity division of the department by submitting a request in writing to the contractor.
(b) The informal hearing provided for in this Paragraph shall occur within thirty days of the provider's request.
(c) At the informal hearing, the provider shall have all of the following rights:
(i) The right to present information orally and in writing.
(ii) The right to present documents.
(iii) The right to have the department and the contractor address any inquiry the provider may make concerning the reason for the adverse determination.
(d) A provider may be represented by an attorney or authorized representative at the informal hearing if written notice of representation identifying the attorney or representative is submitted with the request for the informal hearing.
(3) The contractor and medical assistance program integrity division of the department shall issue a final decision related to the informal appeal to the provider within fifteen days of the closure of the appeal.
C. Within thirty days of the issuance of a final decision or determination pursuant to an informal appeal conducted in accordance with Subsection B of this Section, a provider may request an administrative appeal of the final decision by requesting a hearing before the health and hospitals section of the division of administrative law and providing a copy of the appeal to the Medicaid program integrity division of the department.
Acts 2014, No. 568, §1, eff. Aug. 15, 2014.
A. If more than twenty-five percent of the contractor's adverse determinations are overturned on appeal in any six-month period, then the House Committee on Health and Welfare and the Senate Committee on Health and Welfare, jointly, shall hold an oversight hearing to evaluate the contractor's performance and provide the medical assistance program with direction related to corrective action plans and future reevaluation of performance.
B. The department shall, with input from healthcare providers and in accordance with the Administrative Procedure Act, promulgate rules relative to appropriate and inappropriate determinations by recovery audit contractors, and to establish penalties and sanctions to be associated with inappropriate determinations by those contractors.
C. If the department or the hearing officer in a formal appeal finds that the recovery audit contractor's determination was unreasonable, frivolous, or without merit, then the contractor shall reimburse to the provider the provider's costs associated with the appeals process.
Acts 2014, No. 568, §1, eff. Aug. 15, 2014.
A. The legislature hereby finds and declares the following:
(1) It is the policy of this state to protect public benefits for those who are truly needy and eligible for such benefits and to prevent waste and fraud from limiting available resources and increasing dependency unnecessarily.
(2) The Medicaid program provides support to needy households and persons.
(3) It is the intent of this Subpart to institute a system of modern and comprehensive interagency data cross-checks and to implement other program integrity measures available to ensure ongoing eligibility for Medicaid and to limit the use of ex parte renewals to the extent allowed.
B. The Louisiana Department of Health shall adopt the following measures to verify ongoing eligibility for Medicaid:
(1) The Louisiana Department of Health shall not accept eligibility determinations for Medicaid from any exchange established under 42 U.S.C. 18041(c). The Louisiana Department of Health may accept assessments from an exchange established under 42 U.S.C. 18041(c), but shall independently verify eligibility and make eligibility determinations.
(2) Neither the Louisiana Department of Health nor any state agency that operates as a part of Medicaid may rely solely on ex parte renewals, including but not limited to any waiver granted under Section 1902(e)(14)(A) of the Social Security Act, unless expressly required by federal law. No later than January 1, 2026, the Louisiana Department of Health shall withdraw any waivers submitted to the federal government that authorize the department to determine or renew eligibility by ex parte renewal.
(3) Unless required by federal law, the Louisiana Department of Health shall not accept self-attestation of Louisiana state residency for initial eligibility determinations or renewals. The Louisiana Department of Health may use technology and government data sharing to verify income, residency, household composition, or receipt of other coverage. The Louisiana Department of Health shall not request authority to waive or decline to periodically check any available income-related data sources to verify eligibility for Medicaid.
(4) The Louisiana Department of Health may use an enhanced income verification platform to verify recipient eligibility. The Louisiana Department of Health may procure and enter into a contract for the platform. The platform shall meet all of the following criteria:
(a) Use automated, real-time data matching and analytics to detect unreported or under reported income.
(b) Consolidate overlapping data to prevent double counting of financial records.
(5) The Louisiana Department of Health shall enter into the following data matching agreements to cross-check households enrolled in Medicaid with other state data sets as allowed by law:
(a) On at least a monthly basis, the Louisiana Department of Health shall receive and review information from the state registrar of vital records concerning individuals enrolled in Medicaid that indicates a change in circumstances that may affect eligibility for Medicaid, including but not limited to death records.
(b) On at least a quarterly basis, the Louisiana Department of Health shall receive and review information from Louisiana Works concerning individuals enrolled in Medicaid that indicates a change in circumstances that may affect eligibility for Medicaid, including but not limited to changes in employment or wages.
(c) On at least a quarterly basis, the Louisiana Department of Health shall receive and review information from the Department of Public Safety and Corrections, office of motor vehicles concerning individuals enrolled in Medicaid that indicates a change in residency that may affect eligibility for Medicaid.
(d) On at least a semi-annual basis, the Louisiana Department of Health shall receive and review information from the Louisiana Department of Revenue concerning individuals enrolled in Medicaid that indicates a change in circumstances that may affect eligibility for Medicaid, including but not limited to potential changes in income, wages, or residency as identified by tax records.
(e) The Louisiana Department of Health shall implement a platform to receive and review information on at least an annual basis concerning incarceration status of individuals enrolled in Medicaid.
(f) On at least a monthly basis, the Louisiana Department of Health shall receive and review information from the Social Security Administration concerning the disability status of individuals enrolled in Medicaid.
(6) On at least a quarterly basis, the Louisiana Department of Health shall publish on its website, data regarding findings of noncompliance and fraud investigations in Medicaid for the following aggregate, nonconfidential, and nonpersonally identifying information:
(a) The number of Medicaid cases investigated for intentional program violations or fraud.
(b) Total number of Medicaid cases referred to the attorney general's office for prosecution.
(c) Improper payments and expenditures.
(d) Monies recovered.
(e) Aggregate data concerning improper payments and ineligible recipients as a percentage of those investigated and reviewed.
Acts 2025, No. 427, §1, eff. June 20, 2025.
A surviving spouse of a general assistance recipient is hereby authorized to receive and retain any financial assistance paid by the Department of Children and Family Services to or for the benefit of said recipient during the month of the death of said recipient, whether or not the check covering such assistance was actually received prior to the death of the recipient.
NOTE: §441 as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
§441. Surviving spouse of public assistance recipients; retention of benefits received during month of death
A surviving spouse of a public assistance recipient is hereby authorized to receive and retain any financial assistance paid by Louisiana Works to or for the benefit of the recipient during the month of the death of said recipient, whether or not the check covering the public assistance was actually received prior to the death of the recipient.
Acts 1962, No. 97, §1. Amended by Acts 1974, No. 670, §1; Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 2025, No. 478, §13, eff. Oct. 1, 2027.
A. In administering the Medicaid program of this state, the Louisiana Department of Health shall not limit the period within which a healthcare provider may submit a claim for payment for a covered service rendered to a Medicaid program enrollee to less than three hundred sixty-five days from the date the service was provided.
B. In accordance with the applicable provisions of this Part and Part VI-A of this Chapter, if a payment for a claim is recouped by the department, a contractor of the department, or any other entity acting at the direction or under the authority of the department due to a determination by the department more than three hundred sixty-five days from the date the service was provided that the claim was improperly billed but the services were reasonable and necessary, the department shall ensure that the provider is afforded additional time to re-file a corrected claim for that portion of the amount recouped to the extent permitted by federal law.
Acts 2015, No. 21, §1; Acts 2016, No. 467, §1.
The secretary of the Department of Children and Family Services and the secretary of the Louisiana Department of Health are hereby authorized to adopt income and resources exemption policies to the extent necessary to conform with the federal Economic Opportunity Act, any social security provision, and any other laws of congress to obtain federal block grant or matching funds for the state's public assistance program. Such income and resources exemption policies shall prevail in the event they conflict with R.S. 46:151, 153, 154, and 233.
NOTE: §443 as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
§443. Exemption of income and resources
The secretary of Louisiana Works and the secretary of the Louisiana Department of Health are hereby authorized to adopt income and resources exemption policies to the extent necessary to conform with the federal Economic Opportunity Act, any social security provision, and any other laws of congress to obtain federal block grant or matching funds for the state's public assistance program. Such income and resources exemption policies shall prevail in the event they conflict with R.S. 46:151, 153, 154, and 233.
Added by Acts 1965, No. 19, §1. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1997, No. 1155, §1, eff. July 1, 1997; Acts 2025, No. 478, §13, eff. Oct. 1, 2027.
The Department of Children and Family Services is hereby authorized to provide for interchange of such information necessary in providing for work training experiences as required by Public Law 90-248, as the secretary of the United States Department of Health, Education and Welfare, or its successor department, may require for federal matching purposes.
NOTE: §444 as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
§444. Cooperation with administrative agencies relative to interchange of information
Louisiana Works is hereby authorized to provide for interchange of such information necessary in providing for work training experiences as required by P.L. 90-248, as the secretary of the United States Department of Health, Education and Welfare, or its successor department, may require for federal matching purposes.
Added by Acts 1968, No. 167, §1. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 2018, No. 206, §5; Acts 2025, No. 478, §13, eff. Oct. 1, 2027.
A minor emancipated by marriage shall not be ineligible, by reason of age alone, to apply for and receive nursing care benefits.
Added by Acts 1970, No. 347, §1.
A. As used in this Section, the following terms have the meaning ascribed in this Subsection:
(1) "Department" means the Louisiana Department of Health.
(2) "Medicaid" means the medical assistance program provided for in Title XIX of the Social Security Act.
(3) "Medicaid managed care organization" means any private entity that contracts with the department to provide Medicaid benefits and services to enrollees of the Medicaid program.
B. When an injury has been sustained or an illness or death incurred by any person under circumstances creating in some third person or legal entity a legal liability or obligation to pay damages or compensation to that person or to his spouse, representative, or dependent, the department shall have a cause of action against such third party to recover the medical assistance payments the department has paid or is obligated to pay on behalf of the injured, ill, or deceased person in connection with the injury, illness, or death. The department, a Medicaid managed care organization, or both, may intervene in a suit filed by or on behalf of the injured, ill, or deceased person or his spouse, representative, or dependent against such third party to recover the medical assistance payments the department, Medicaid managed care organization, or each, has paid or is obligated to pay on behalf of the injured, ill, or deceased person in connection with said injury, illness, or death.
C. Any person or his spouse, representative, or dependent who files suit for the recovery of damages or compensation as the result of an injury, illness, or death for which medical assistance payments in whole or in part have been paid by the department, a Medicaid managed care organization, or both, for which the department, Medicaid managed care organization, or each, has an obligation to pay therefor, shall at the time suit is filed cause a copy of the petition to be served on the department, Medicaid managed care organization, or both, in the manner prescribed by Article 1313 of the Louisiana Code of Civil Procedure. Such person filing suit shall be responsible to the department, Medicaid managed care organization, or both, to the extent of the medical assistance payments received, interest, and attorney fees if he fails to have service made upon the department, Medicaid managed care organization, or both. Such person shall also be responsible to the department, Medicaid managed care organization, or both, if he compromises his claim without giving the department, Medicaid managed care organization, or both, written notice at least thirty days before the compromise is affected. This written notice shall include the name and date of birth of all injured or ill recipients and the name and address of the party or parties potentially liable for damages or compensation.
D. Pleadings filed on behalf of the department or Medicaid managed care organization shall be accompanied by an itemized statement of its monetary claim, and when accompanied by an affidavit to the correctness thereof to the best of the affiant's knowledge and belief, such itemized statement shall be accepted as prima facie proof of the amount, purpose, and necessity of such payments.
E. No compromise of any claim referred to in Subsections B and C of this Section shall be binding upon or affect the rights of the department or a Medicaid managed care organization against a third party if the department or Medicaid managed care organization has notified such third party in writing of the amount of its claim prior to the date the compromise settlement is made. The notice provided for herein may be directed to either the third party or his agent.
F. An intervention filed by the department or a Medicaid managed care organization as provided by Subsection B of this Section is not barred by prescription if it was not barred at the time the main demand was filed, provided such intervention is filed within ninety days of the date of service of the main demand upon the department.
G. The department and a Medicaid managed care organization shall have a privilege for the medical assistance payments made by the department or Medicaid managed care organization on behalf of an injured or ill Medicaid recipient on the amount payable to the injured recipient, his heirs, or legal representatives out of the total amount of any recovery or sum had, collected, or to be collected, whether by judgment, settlement, or compromise, from another person on account of such injuries, and on the amount payable by any insurance company under any contract providing for indemnity or compensation to the injured person. The privilege of an attorney shall have precedence over the privilege created under this Section.
H. The privilege created in Subsection G of this Section shall become effective if, prior to the payment of insurance proceeds, or to the payment of any judgment, settlement, or compromise on account of injuries, a written notice containing the name and address of the injured person, and if known, the name of the person alleged to be liable to the injured person on account of the injuries received, is mailed by the department, a Medicaid managed care organization, or an attorney or agent of either, by certified mail, return receipt requested, to the injured person, to his attorney, to the person alleged to be liable to the injured person on account of the injuries sustained, to any insurance carrier which has insured such person against liability, and to any insurance company obligated by contract to pay indemnity or compensation to the injured person. This privilege shall be effective against the persons given notice according to the provisions hereof, and shall not be defeated nor rendered ineffective as against the persons who have been given such notice, because of failure to give such notice to other persons named herein.
I. Any insurer, potentially liable third party, or other person who, having received notice in accordance with the provisions of this Section, pays over any monies subject to the privilege created herein to any injured person, or to the attorney, heirs, or legal representatives of any injured person, and any injured person, his legal representative, or attorney who receives monies subject to the privilege created in Subsection G of this Section shall be liable to the department, Medicaid managed care organization, or both, for the amount of the privilege not to exceed the amount paid by the insurer, potentially liable third party, or other person.
J. Nothing in this Section shall be construed to create any statutory lien or privilege on any life insurance proceeds or trust proceeds in favor of any third person.
Acts 1972, No. 411, §§1 to 5. Amended by Acts 1974, No. 362, §1; Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1983, 1st Ex.Sess., No. 1, §6; Acts 1997, No. 806, §1; Acts 1999, No. 1115, §1; Acts 2014, No. 824, §1.
A.(1) Every person or entity authorized to issue a hospital or medical service contract or any insurance contract in the state of Louisiana, shall provide notice to the Louisiana Department of Health not later than thirty days prior to payment of any insurance claim, when such claim is clearly identified for services provided in a state facility or by a Medicaid provider pursuant to rules and regulations established by the secretary of the Louisiana Department of Health. Such notice is required so that the department may determine if any portion of such claims is duly payable to the state of Louisiana for services provided by the department to the insured and on whose behalf the state of Louisiana may be entitled to receive insurance benefits.
(2) Contracts subject to such notice provisions shall include but are not limited to employee welfare benefit plans, health and accident insurance policies, including liability and uninsured motorist provisions, group insurance plans, self insurance plans, and the Louisiana State Employees Uniform Group Benefits Program.
B. Information provided pursuant to Subsection A of this Section shall be confidential and subject to the provisions of R.S. 46:56.
C. Upon notification by the department that all or any portion of such claims reported is duly payable to the state or a Medicaid provider, or subject to an assignment of benefits under R.S. 46:153(E), or subject to recovery under R.S. 46:446, payment shall be made to the department or Medicaid provider and the insured notified that payment of the claims has been assigned by the state of Louisiana for services rendered in a state facility or by a Medicaid provider.
D. Any person or entity who fails to provide required notification and assignment of benefits for any claim pursuant to this Section shall be liable for payment to the Louisiana Department of Health for any amounts which would otherwise have been paid under assignment. In addition, such person or entity shall be subject to civil penalties of ten percent of the amounts so payable, such penalties not to exceed five hundred dollars.
E. The penalties assessed by R.S. 22:1821 for failure to make timely payment of benefits shall not apply if the delay in such payment occurs as a result of compliance with the provisions of this Section.
Acts 1988, No. 697, §1, eff. July 15, 1988; Acts 2008, No. 415, §2, eff. Jan. 1, 2009; Acts 2018, No. 206, §5.
A. For purposes of R.S. 46:446.2 through 446.5, "third party" shall mean health and accident insurers, group health plans as defined in §607(1) of the Employee Retirement Income Security Act of 1974, service benefit plans, hospital and medical service plans, health maintenance organizations, limited benefit health insurers, group blanket and franchise insurers, and state employee group benefits plan.
B. For purposes of R.S. 46:446.2 through 446.5, "department" shall mean the Louisiana Department of Health.
C. The state, through the department shall:
(1) Undertake all reasonable measures to ascertain the legal liability of third parties, including the collection of sufficient information to enable the department to pursue claims against such third parties. This information shall be collected at the time of any determination or redetermination of eligibility for Medicaid.
(2) Seek reimbursement for such assistance to the extent of such legal liability in any case where such a legal liability is found to exist after medical assistance has been made available on behalf of the individual and where the amount of reimbursement the department can reasonably expect to recover exceeds the cost of such recovery.
D. To the extent that payment for covered expenses has been made by Medicaid for health care items or services furnished to an individual, in any case where a third party has a legal liability to make payments, the state is deemed to have acquired the rights of the individual to payment by any other party for those health care items or services.
E. A third party that requires prior authorization for an item or service furnished to an individual eligible to receive medical assistance in accordance with this Title shall accept authorization provided by the department that the item or service is covered under the State Plan, or waiver of such plan, for such individual as if the authorization were a prior authorization made by the third party for the item or service.
F. A third party shall:
(1) Respond not later than sixty days after receiving any inquiry by the department regarding a claim for payment for any healthcare item or service that is submitted not later than three years after the date of the provision of the healthcare item or service.
(2) Not deny a claim submitted by the department solely on the basis of the date of submission of the claim, the type or format of the claim form, or a failure to present proper documentation at the point-of-sale that is the basis of the claim.
(3) Not deny a claim on the basis of failure to obtain a prior authorization for the item or service for which the claim is being submitted if the claim is submitted by the department within the three-year period beginning on the date on which the item or service was furnished and any action by the department to enforce its rights with respect to the claim is commenced within six years from the date that the department submitted the claim.
Acts 1995, No. 616, §1; Acts 2024, No. 486, §1, eff. May 23, 2024.
In the case of prenatal or preventive pediatric care including early and periodic screening and diagnosis services paid by Medicaid, the department shall:
(1) Make payment for such service in accordance with the usual payment schedule for such services without regard to the liability of a third party for payment for such services.
(2) Seek reimbursement from such third party in accordance with R.S. 46:446.2(C)(2).
Acts 1995, No. 616, §1.
In the case of any services covered by Medicaid which are provided to an individual on whose behalf child support enforcement is being carried out by the state, the department shall:
(1) Make payment for such service in accordance with the usual payment schedule under Medicaid for such services without regard to any third-party liability for payment for such services, if such third-party liability is derived through insurance or otherwise from the parent whose obligation to pay support is being enforced by such agency, if payment has not been made by such third party within thirty days after such services are furnished.
(2) Seek reimbursement from such third party in accordance with R.S. 46:446.2(C)(2).
Acts 1995, No. 616, §1.
A. A person who furnishes services and is participating as a provider in the Medicaid program may not refuse to furnish services to an individual who is entitled to have payment made by Medicaid for the services the person furnishes because of a third party's potential liability for payment of the service.
B. In the case of an individual who is entitled to Medicaid with respect to a service for which a third party is liable for payment, the person furnishing the service may not seek to collect from the individual or any financially responsible relative or representative for that individual payment of an amount for that service if:
(1) The total of the amount of the liability of third parties for that service is at least equal to the amount payable for that service under Medicaid disregarding 42 U.S.C. 1396(o).
(2) The amount which exceeds the lesser of the amount which may be collected under Medicaid pursuant to 42 U.S.C. 1396(o) or the amount by which the amount payable for that service under Medicaid disregarding 42 U.S.C. 1396(o) exceeds the total of the amount of the liabilities of third parties for that service.
Acts 1995, No. 616, §1.
A. As used in this Section, the following words and phrases shall have the following meanings:
(1) "Department" means the Louisiana Department of Health.
(2) "Health insurer" means any insurance company or other entity who is authorized to transact and is currently transacting health insurance business in this state. Health insurers shall include self-insured plans, group health plans as defined in Section 607(1) of the Employee Retirement Income Security Act of 1974, service benefit plans, managed care organizations, pharmacy benefit managers, and any other parties that are, by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service.
B. As a condition of conducting business in Louisiana, health insurers shall:
(1) Provide, with respect to individuals who are eligible for, or are provided medical assistance under, the Louisiana Medical Assistance Program, Title XIX of the Social Security Act, upon the request of the department, information to determine during what period an individual, his spouse, or his dependents may be, or may have been, covered by a health insurer and the nature of coverage that is or was provided by the health insurer, including the name, address, and identifying number of the plan in a manner prescribed by the department.
(2) Accept the department's right of recovery and the Medicaid recipient's assignment to the department of any right to payment from the health insurer for an item or service for which payment has been made under the Louisiana Medical Assistance Program, Title XIX of the Social Security Act.
(3) Submit payment within ninety days to the department regarding a subrogation claim for payment for any health care item or service submitted no later than three years after the date of the provision of the health care item or service.
(4) Agree not to deny a claim submitted by the department or health care provider on the basis of the date of the submission of the claim, the type or format of the claim form, or the failure to present proper documentation at the point of sale which is the basis of the claim, if all of the following conditions apply:
(a) The health insurer receives all information needed to adjudicate the claim in a format, or on a form, which is standard to the health insurance industry, including but not limited to a UB 92 form, HCFA 1500 form, or a HIPAA complaint electronic transmission.
(b) The claim is for a service which meets the terms, conditions, limitations, and exclusions of the insurer's contract with the insured or with the insured's respective group.
(c) The claim is submitted by the department within a three-year period beginning on the date the item or service was furnished.
(d) Any action by the department to enforce its rights with respect to such claim is commenced within six years of the department's submission of such claim.
(5) Agree that the prevailing party in any legal action to enforce this Section is entitled to attorney fees as well as related collection fees and costs incurred in the enforcement of this Section.
(6) Notwithstanding the provisions of Subparagraph (4)(a) of this Subsection, agree not to deny claims submitted by the department due to a lack of preauthorization, unless review after the service has been rendered indicates that the service would have been deemed not to be medically necessary.
C. Health care providers shall have a right to recovery for the difference between the health insurer's original obligation for services provided to the insured and the amount the health care provider received from Medicaid, provided that the amount of the original obligation exceeds the amount paid by Medicaid.
D. The Louisiana Department of Health shall provide notice to each appropriate health care provider after payments are received from a health insurer. Notwithstanding any contractual prescriptive period for filing of claims by the health provider to the health insurer, reimbursement to the Louisiana Department of Health of monies paid erroneously under the Louisiana Medical Assistance Program under this Section shall constitute an admission of an obligation to the health care provider for the difference as described in Subsection C of this Section. An insurer shall only be liable for such payment if the provider files the claim with the insurer within sixty days of receipt of notice from the Louisiana Department of Health, and the claim meets the requirements of Paragraph (B)(4) of this Section. The health insurer shall pay any obligation on the claim within sixty days of the receipt of the claim.
E. No health insurer shall be liable for any payments under this Section that exceed the maximum benefits payable under the applicable insurance contract, regardless of whether such maximum was reached subsequent to the date that a claim described in Subsection D of this Section was originally submitted to Medicaid.
Acts 2007, No. 147, §1; Acts 2008, No. 517, §1; Acts 2014, No. 791, §17.
A. The Louisiana Department of Health and the Department of Children and Family Services jointly shall revise the standard of need for the Family Independence Temporary Assistance Program and the general assistance program each year, basing such standard on the Annual Update of the Poverty Income Guidelines published by the United States Department of Health and Human Services. The standard shall reflect the higher of the southern and national averages. The departments shall cause such revised standard to become effective on January first of each year.
B. Implementation of this provision shall be contingent on the Louisiana Department of Health and the Department of Children and Family Services certifying to the commissioner of the division of administration that the revision will not increase the total state dollar expenditure for the two departments.
NOTE: §447 as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
§447. Revision of standard of need; Family Independence Temporary Assistance Program; general assistance
A. The Louisiana Department of Health and Louisiana Works jointly shall revise the standard of need for the Family Independence Temporary Assistance Program and the general assistance program each year, basing such standard on the Annual Update of the Poverty Income Guidelines published by the United States Department of Health and Human Services. The standard shall reflect the higher of the southern and national averages. The departments shall cause such revised standard to become effective on January first of each year.
B. Implementation of this provision shall be contingent on the Louisiana Department of Health and Louisiana Works certifying to the commissioner of the division of administration that the revision will not increase the total state dollar expenditure for the two departments.
Acts 1989, No. 722, §1; Acts 2025, No. 478, §13, eff. Oct. 1, 2027.
A.(1) Subject to the provisions of appropriation acts, the secretary of the Louisiana Department of Health shall establish a program to provide information to public assistance recipients regarding family planning, including information regarding abstinence, but excluding abortion. The secretary shall promulgate a list of contraceptive methods and devices that have been approved by the secretary based on their safety and effectiveness. Such list shall include long-term contraceptive methods, but shall not include abortifacients.
(2) Information regarding family planning, including the use of contraceptive methods and devices and abstinence, but excluding abortion, shall be disseminated in such a manner that is reasonably calculated to make the information easily accessible to such recipients and in accordance with the provisions of Subsection C herein. For those recipients who have contact with a case worker or other such person acting on behalf of the state, dissemination shall include but not be limited to a method whereby each such recipient is provided written information concerning the effective use of contraceptive methods and devices by the case worker or other appropriate person working with the recipient on behalf of the state.
(3) The secretary shall make the approved contraceptive methods and devices available to each public assistance recipient who is receiving aid to families with dependent children or who is receiving public assistance with the cost of medical care under the medical assistance program (Medicaid).
B. The program shall provide for examinations by healthcare providers for the health and safety of public assistance recipients who elect to avail themselves of or to practice forms of family planning approved or made available by the secretary. Any recipient of Aid to Families with Dependent Children or any successor program, or recipient of public assistance with the cost of medical care through the medical assistance program (Medicaid), who elects to avail himself or herself of the services or contraceptives offered under the program shall be provided with such an examination within fourteen days of his or her initial request. If his or her choice of family planning methods involves the use of contraceptives or requires the performance of medical procedures, excluding abortions, he or she shall be provided with his or her choice of approved contraceptive or given the opportunity to undergo the appropriate medical procedure within seven days of his or her request for the contraceptive or procedure.
C. The secretary of the Louisiana Department of Health shall provide specific written descriptions of the services available in the program established under this Section to all recipients of Aid to Families with Dependent Children or any successor program, and to all recipients of public assistance with the cost of medical care through the medical assistance program (Medicaid), at least semiannually through methods that may include direct mail to all such recipients.
D. The secretary of the Louisiana Department of Health shall adopt rules and regulations for the administration of the program established under this Section, including appropriate requirements and procedures for participants to receive prompt examinations by and consultations with healthcare providers in accordance with Subsection B of this Section.
E. The provisions of this Section shall be administered in accordance with R.S. 40:1061.5 and 1061.6.
Acts 1992, No. 932, §1; Acts 2018, No. 206, §5.
A. The legislature hereby finds and declares that:
(1) Early, high quality, comprehensive prenatal care is the most effective means for reducing the state's rate of infant mortality. Despite this finding, the legislature has determined that universal access to prenatal care has not been achieved in Louisiana.
(2) It is the intent of the legislature that certain pregnant women and infants, regardless of their economic status, geographic location, or ethnic background, have access to appropriate healthcare services.
B. The department shall amend the Medicaid state plan to provide for:
(1) Eligibility for Medicaid services for all pregnant women with an income of up to one hundred eighty-five percent of the applicable federal poverty guideline as published in the Federal Register by the United States Department of Health and Human Services.
(2) Eligibility criteria for Medicaid services for pregnant adolescents based on the income of the pregnant adolescent and not on the income of her parents.
(3) A program of care coordination for high-risk pregnant women. The care coordination program shall include the following components:
(a) Manageable case loads, outcome evaluations, and home visitations.
(b) Risk assessments to identify priority needs and areas of the state.
(c) A full range of family services.
(d) Maximum utilization of federal matching funds through block grants and entitlement programs.
(e) The use of skilled professional and trained volunteers as part of community-based care coordination teams.
(f) Utilization of the private sector's resources or the establishment of public and private partnerships.
C. The department shall establish procedures to simplify the Medicaid eligibility process. At a minimum, these procedures shall include:
(1) A simplified application form on which applicants may provide all of the information necessary to determine eligibility for Medicaid.
(2) Provisions for receipt and initial processing of applications for medical assistance at locations which are frequented by persons likely to be eligible for services.
D. The department shall promulgate regulations requiring that all public health programs which render prenatal, postpartum, or infant healthcare services shall provide at a minimum for the following:
(1) Expanded or flex-time hours of operation so that healthcare services are available to pregnant women and children during evening and weekend hours.
(2) An initial appointment within two weeks of request and minimal waiting time to receive services after entering a healthcare facility.
(3) Procedures to assure that pregnant women are receiving and continue to receive prenatal services.
E. The department shall develop and implement:
(1) A program to enhance the courteous and professional delivery of health services through staff training and effective personnel recruitment and retention policies. This program shall include staff development programs to improve cultural sensitivity and interpersonal skills as well as training in providing specialized assistance to women who have low literacy skills or for whom English is a second language.
(2) A program to develop innovative recruitment techniques to enroll private providers in the Medicaid program.
F. The provisions of this Section shall not be implemented unless the department can finance the expansion through self-generated revenues.
Acts 1992, No. 790, §1; Acts 2018, No. 206, §5.
To the extent funds are appropriated by the legislature for such purpose, in all adoption subsidy agreements executed after September 1, 2001, involving a child in the custody of the Department of Children and Family Services, the state shall agree to provide acutely medically necessary in-hospital mental health treatment for that child until he reaches the age of majority, provided that the child is not eligible for, or has otherwise exhausted benefits under Medicaid, LaCHIP, or any contract of health and accident insurance or any health benefit plan. The burden of providing the appropriate documentation of the child's eligibility for medical benefits under this statute shall be upon the adoptive parents.
Acts 2001, No. 981, §1.
A. Medicaid managed care organizations shall provide coverage for voluntary inpatient treatment for a Medicaid recipient with a perinatal psychiatric diagnosis. Inpatient admissions, including overnight stays, and medications resulting from treatments, including infusions and prescriptions, and counseling shall be covered services.
B. All decisions regarding voluntary inpatient treatment following a perinatal psychiatric diagnosis shall be made solely by an attending physician, physician assistant, psychiatrist, psychologist, medical psychologist, or nurse practitioner in consultation with the patient.
C. Any voluntary admission covered by this Section shall be in accordance with R.S. 28:52.
D. For purposes of this Section, "perinatal psychiatric diagnosis" means a psychiatric disorder requiring inpatient treatment during pregnancy through one year postpartum, which includes one year after a pregnancy loss.
E. The implementation of the provisions of this Section shall be subject to the appropriation of funds by the legislature for this purpose.
F. Nothing in this Section shall prohibit the Louisiana Medicaid Program from establishing criteria for payment of covered Medicaid services, including criteria for medical necessity.
Acts 2025, No. 410, §2.
A. As used in this Section:
(1) "Office of children and family services" shall mean the office of children and family services, Department of Children and Family Services, state of Louisiana.
(2) "Emergency assistance" shall mean any service, food, clothing, shelter, money grant, or any other assistance available to people who find their ability to obtain the necessities of life threatened by fire, flood, death, or other sudden and necessitous circumstances.
(3) "Governmental agency" shall mean any political subdivision department, office, agency, board, corporation, or other instrumentality funded in whole or in part by local, state, or federal funds that provides some form of emergency assistance in this state.
(4) "Private agency" shall mean any department, office, agency, board, corporation, or other instrumentality that provides some form of emergency assistance in this state, but shall not include any private agency that chooses not to take referrals or discriminates in their assistance on the grounds of race.
B. The office of children and family services shall gather through its local offices information on all governmental and private agencies in each parish as to the type of assistance each agency can and will provide and as to what eligibility requirements, if any, these agencies apply to their assistance.
C. The office of children and family services shall designate an office in each parish which will aid people seeking emergency assistance, either in person or by telephone, to identify what assistance, if any, the person can obtain. The office of children and family services shall publicize in each parish the availability of this information.
D. Each office will report at the end of each calendar year to the assistant secretary of the office of children and family services, the total number and type of emergency assistance requests it has received and the number and type of emergency assistance requests for which no agency provides assistance in that area. The reports shall be available to the public on request.
E. The services provided pursuant to this Section shall be funded from such monies as are already provided for the office of children and family services, and to this end, shall be deemed not to require additional personnel or appropriations.
Added by Acts 1979, No. 695, §1; Acts 2013, No. 220, §20, eff. June 11, 2013; Acts 2014, No. 791, §17.
A. For purposes of this Section, the following terms shall have the following meanings unless the context clearly indicates otherwise:
(1) "Department" shall mean the Louisiana Department of Health.
(2) "Recipient" shall mean any person receiving intermediate or skilled nursing care in the state of Louisiana and whose income and resources are insufficient to meet the costs of such care.
B. The department is hereby authorized to develop and implement a program of voluntary family responsibility which will recognize those alimentary obligations created by Civil Code Art. 229 et seq.
C. The department is authorized to enter into written agreements with the responsible relatives of recipients whereby such responsible relatives voluntarily agree to contribute to the cost of providing skilled or intermediate nursing care to any recipient who is a relative of such responsible party. Any funds paid pursuant to this provision shall be paid directly to the recipient or to the health care facility for the use and benefit of the designated recipient. Such funds shall first be applied to the personal needs and then to the medical needs of the recipient.
D. The secretary of the department shall have the authority to promulgate rules and regulations necessary to administer the provisions of this Section. All such regulations shall be subject to the provisions of the Administrative Procedure Act.
E. Repealed by Acts 2019, No. 202, §2, eff. June 11, 2019.
Added by Acts 1983, No. 672, §1, eff. for taxable periods beginning after Dec. 31, 1982; Acts 2003, No. 420, §1, eff. June 18, 2003; Acts 2019, No. 202, §§1, 2, eff. June 11, 2019.
A. Notwithstanding any other state laws or any rules or regulations promulgated by the Department of Children and Family Services, no applicant shall be prohibited from participating in the WIC Program as an authorized vendor based on:
(1) The location of the proposed retail food outlet unless the proposed retail food outlet is located less than one-fourth mile from another authorized vendor's retail food outlet.
(2) The price of the food package offered is below the median price charged by other vendors in that parish if the price of the food package offered by the authorized vendor is not more than ten percent above the authorized vendor's cost.
B. For purposes of this Section, the following terms shall have the following meanings:
(1) "WIC" means supplemental food and health program for pregnant, breastfeeding, or postpartum women, for up to six months; infants from birth to one year of age; and children, from one year of age to five years of age.
(2) "Vendor" means the owner and employees of any retail food outlet.
Acts 1987, No. 374, §1.
NOTE: Subsection A eff. until Oct. 1, 2027. See Acts 2025, No. 478.
A. The office of children and family services, Department of Children and Family Services, and the Louisiana Department of Health shall contract for the development and implementation of an electronic issuance system for the authorization and distribution of benefits and services provided by public assistance programs. Such programs shall include but not be limited to issuance of benefits and services of the Supplemental Nutrition Assistance Program and the Family Independence Temporary Assistance Program (FITAP), and shall require that all recipients who participate in programs for which benefits and services are authorized and distributed through the system shall obtain benefits through the electronic issuance system, subject only to the exceptions necessary for the effective functioning of the programs.
NOTE: Subsection A as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
A. The Louisiana Department of Health and Louisiana Works shall contract for the development and implementation of an electronic issuance system for the authorization and distribution of benefits and services provided by public assistance programs. Such programs shall include but not be limited to issuance of benefits and services of the Supplemental Nutrition Assistance Program and the Family Independence Temporary Assistance Program (FITAP), and shall require that all recipients who participate in programs for which benefits and services are authorized and distributed through the system shall obtain benefits through the electronic issuance system, subject only to the exceptions necessary for the effective functioning of the programs.
B. The contract program selected to provide the electronic issuance system shall include but not be limited to:
(1) An electronic reporting and inventory system that complies with federal and state reporting requirements.
(2) Plastic cards for program clients.
(3) Training of department personnel.
(4) Instructions for recipients on how to use the system.
(5) Instructions for retailers and other participants in the program on how to use the system.
(6) Provision, installation, and maintenance of automated teller machines, point of sale terminals, printers, and personal identification number "PIN" pads in the parish offices, in retail establishments which accept Supplemental Nutrition Assistance Program benefits, and in other appropriate locations of participants in the program.
C. The contract program shall also:
(1) Provide merchants the option to utilize commercial point of sale terminals provided by a third-party processor to interface with the electronic benefits transfer (EBT) provider selected by the department.
(2) Provide for reimbursement by the EBT provider selected by the department of any and all costs incurred by the merchant in the processing of benefits under the electronic issuance system for public assistance programs for telephone monthly service charges and supplies for retailers utilizing the state-provided EBT equipment.
(3) Provide that the cash back provisions of the electronic issuance system shall allow the merchant to charge the recipient reasonable and customary charges for the provision of cash back services.
D.(1) The program shall provide for and shall maximize participation of the federal government and of the private sector, particularly merchants and financial institutions who may provide access to the program, in the funding and implementation of the program.
(2) The program shall further provide for increased controls to reduce or prevent the fraudulent obtaining of public assistance benefits and services.
Acts 1990, No. 1050, §1, eff. July 27, 1990; Acts 1993, No. 900, §1, eff. June 23, 1993; Acts 1995, No. 685, §1, eff. June 21, 1995; Acts 1997, No. 860, §1; Acts 1997, No. 1483, §1; Acts 2000, 1st Ex. Sess., No. 120, §§1, 2, eff. April 19, 2000; Acts 2018, No. 206, §5; Acts 2025, No. 478, §12, eff. Oct. 1, 2025, §13, eff. Oct. 1, 2027.
NOTE: Acts 1995, No. 685, §2 provides that the Act has retroactive application to December 1, 1994.
A. The Louisiana Department of Health shall annually review vehicle inspection and insurance documents to ensure current compliance for all vehicles used by enrolled Medicaid transportation providers in providing nonemergency, nonambulance transportation services to Medicaid recipients. The department may inspect such vehicles at any time the department deems appropriate in accordance with rules developed pursuant to Subsection B of this Section.
B. The Louisiana Department of Health is authorized to adopt and promulgate rules, pursuant to the Administrative Procedure Act, regarding but not limited to inspection of vehicles, inspection decals issued by the department for display on vehicles, standardization of identification of such vehicles, uniformity of provider documents, mandatory liability insurance on vehicles, proof of ownership or lease of vehicles, signs on vehicles identifying the provider, and such other rules determined by the department to be necessary for the administration and enforcement of the utilization of only properly inspected and insured vehicles in the provision of nonemergency, nonambulance transportation services to Medicaid recipients.
C. Any provider described in Subsection A of this Section who violates any of the rules promulgated pursuant to Subsection B of this Section, or any requirement of any other applicable statute or rule while acting as a provider of nonemergency, nonambulance transportation services to Medicaid recipients shall be subject to civil fines to be assessed by the Louisiana Department of Health, in addition to any criminal penalties which may be applicable. The schedule of civil fines shall be as follows:
(1) Class A violations: Any provider found to have committed any of the following violations shall be subject to a civil fine of not more than two hundred fifty dollars for the first occurrence. For each subsequent offense, the fine shall be twice the amount of the original fine:
(a) Failure to maintain required insurance coverage.
(b) Use of an unauthorized vehicle to provide Medicaid transportation.
(c) Operation of a vehicle by an unauthorized driver in providing Medicaid transportation.
(d) Failure to report to law enforcement authorities a vehicular accident involving a vehicle used to provide Medicaid transportation.
(e) Failure to request or seek medical treatment for a client who is injured while being served by the provider.
(f) Physical, mental, verbal, or sexual abuse of a client.
(g) Operation of a vehicle in violation of any of the requirements of Title 32 of the Louisiana Revised Statutes of 1950, when such violation results in death or injury to a client.
(h) Operation of a vehicle in violation of any of the requirements of the rules promulgated pursuant to Subsection B of this Section when such violation results in death or injury to a client.
(i) Attempting to obtain a new client or maintain an existing client by offering illegal inducements to a prospective client, an existing client, or any other person.
(2) Class B violations: Any provider found to have committed any of the following violations shall be subject to a civil fine of not more than one hundred dollars for the first offense. For each subsequent offense, the fine shall be twice the amount of the original fine:
(a) Failure to report to the Louisiana Department of Health a vehicular accident involving a vehicle used to provide Medicaid transportation.
(b) Operation of a vehicle in a violation of any of the requirements of Title 32 of the Louisiana Revised Statutes of 1950, when such violation does not result in death or injury to a client.
(c) Operation of a vehicle used to provide Medicaid transportation in violation of any of the requirements of the rules promulgated pursuant to Subsection B of this Section when such violation does not result in death or injury to a client.
(d) Failure to provide the Louisiana Department of Health with documentation of required insurance coverage.
Acts 1993, No. 470, §1, eff. June 9, 1993; Acts 1997, No. 618, §1; Acts 1999, No. 1116, §1; Acts 2001, No. 614, §1.
A. The office of public health within the Louisiana Department of Health shall adopt rules and regulations for the WIC program in accordance with the Administrative Procedure Act to provide nonperishable food items to women and children. Such rules shall provide for the distribution of WIC vouchers, in small quantities on a frequent basis, for food items that do not require refrigeration or storage to eligible WIC participants that have been identified by qualified organizations as being homeless. Such rules shall comply with requirements of federal laws and regulations in order to ensure receipt of federal funding for the program.
B. In accordance with the provisions of Subsection A of this Section, the following conditions shall apply:
(1) Participants shall receive vouchers weekly for quantities that may be consumed in such a time frame.
(2) Vouchers for such participants shall be redeemable for nonperishable food items, in accordance with state and federal law, if the participant does not have access to refrigeration or adequate storage.
(3) Only eligible WIC participants who have been identified by qualified organizations as homeless shall receive vouchers as provided in Paragraphs (1) and (2).
C. For purposes of this Section, the following terms shall have the following meanings:
(1) "Nonperishable food items" means food items that are not liable to spoil or decay, including but not limited to powdered food substances and freeze-dried food items.
(2) "Qualified organization" means any organization, association, corporation, coalition, confederation, company, business, alliance, establishment, enterprise, firm, club, league, lodge, order, fellowship, fraternity, brotherhood, union, society, group, governmental entity, or other similar body that has met the requirements set forth in rules of the Louisiana Department of Health for proper registration with the vital records registry as an organization which may confirm the identity of displaced persons.
Acts 1993, No. 318, §1, eff. Jan. 1, 1994; Acts 2018, No. 206, §5; Acts 2022, No. 271, §5.
{{NOTE: SEE ACTS 1993, NO. 318, §2.}}
Repealed by Acts 2017, No. 237, §3.
A. Any enrollee in Medicaid who is eligible for services and who has a diagnosis of diabetes or hypertension, or who has a family history of kidney disease, shall be evaluated for kidney disease through routine clinical laboratory assessments of kidney function.
B. Any enrollee in Medicaid who is eligible for services and who has been diagnosed with diabetes or hypertension or who has a family history of kidney disease, and who has received a diagnosis of kidney disease, shall be classified as a chronic kidney patient.
C. The diagnostic criteria that define chronic kidney disease should be generally recognized clinical practice guidelines which identify chronic kidney disease or its complications based on the presence of kidney damage and level of kidney function.
D. In keeping with the Medicaid disease management program of the Louisiana Department of Health, patients receiving Medicaid benefits who are at risk for chronic kidney disease will be tracked regarding appropriate diagnostic testing. Medicaid providers will be educated and disease management strategies implemented in order to increase the rate of evaluation and treatment for chronic kidney disease according to accepted practice guidelines including:
(1) Managing risk factors, which may prolong kidney function or delay progression to kidney replacement therapy.
(2) Managing risk factors for bone disease and cardiovascular disease associated with chronic kidney disease.
(3) Improving the nutritional status of chronic kidney disease patients.
(4) Correcting anemia associated with chronic kidney disease.
Acts 2005, No. 124, §1; Acts 2022, No. 271, §5.
A. To the extent federal financial participation is available pursuant to an approved state Medicaid plan amendment, the Louisiana Department of Health shall exercise its option under 42 U.S.C. 1396a(a)(10)(A)(ii)(XVII) to extend to independent foster care adolescents as defined by 42 U.S.C. 1396d(w)(1) who are not otherwise Medicaid-eligible in accordance with such requirements as were in effect as of April 1, 2008, either of the following types of benefits:
(1) An alternative benefits package authorized by 42 U.S.C. 1396u-7 as set forth in Subsection B of this Section.
(2) Regular Medicaid benefits as provided in the Medical Assistance Plan.
B. For purposes of Subsection A of this Section, the alternative benefits package may include:
(1) A high-deductible private insurance policy.
(2) A health savings account.
(3) A program to educate recipients about health insurance.
C. The department shall have the authority to decide whether to provide either regular Medicaid benefits or the alternative benefits package as set forth in Subsection B of this Section to independent foster care adolescents.
D. The department shall promulgate rules and regulations to define the individual components of the alternative benefits package as set forth in Subsection B of this Section in accordance with the Administrative Procedure Act.
Acts 2008, No. 352, §1; Acts 2022, No. 271, §5.
A.(1) The Louisiana Department of Health, referred to hereafter in this Section as the "department", shall administer the Medicaid prescription drug benefit program in accordance with the authority provided for in this Section.
(2) The department is authorized to remove pharmacy services from Medicaid managed care organization contracts and assume direct responsibility for all Louisiana Medicaid pharmacy services. To comply with this Paragraph, the department may utilize national best practices and techniques to assist with member medication adherence and to control costs, including but not limited to implementation of a preferred drug list in accordance with R.S. 46:153.3, utilization of medication therapy management in accordance with R.S. 46:153.3.1, and other clinically effective cost-efficient options allowed by state and federal law.
(3) If the department does not exercise the authority provided for in Paragraph (2) of this Subsection and administers the Medicaid pharmacy program through use of one or more Medicaid managed care organization pharmacy benefit managers, the pharmacy benefit manager shall be reimbursed a transaction fee only and shall not retain any portion of spread pricing or state supplemental rebates, as set forth in R.S. 39:1648. In addition, a Medicaid managed care organization or a Medicaid managed care organization pharmacy benefit manager shall not do any of the following:
(a) Buy, sell, transfer, or provide Medicaid recipient personal healthcare or contact information to any other party, including subsidiaries of the pharmacy benefit manager, for any purpose unless specifically authorized to do so by the department, and under no circumstance may such activity be for the purpose of patient steering. For purposes of this Subparagraph, "patient steering" means encouraging or enticing of any Medicaid recipient to switch to any pharmacy, including a mail-order pharmacy, through unsolicited advice or mass-marketing directed at a Medicaid recipient by a pharmacy benefit manager, including any employees, affiliated providers, agents, or contractors of the pharmacy benefit manager, that is intended to influence or that can reasonably be concluded to influence the Medicaid recipient to change pharmacies.
(b) Deny any Louisiana-licensed pharmacy or Louisiana-licensed pharmacist the right to be a participating provider in the managed care organization pharmacy benefit manager's provider network if the pharmacy or pharmacist meets all requirements of participation in the state Medicaid program.
(c) Deduct healthcare provider fees due to the state pursuant to R.S. 46:2625 from any amount due as reimbursement to a pharmacist or pharmacy.
(d) Deduct sales taxes owed to any taxing authority imposing the sales tax pursuant to R.S. 47:337.11.1 from any amount due as reimbursement to a pharmacist or pharmacy.
B. The department has a duty to administer the Medicaid prescription drug benefit program in the most clinically effective and cost-efficient manner possible. To ensure compliance with this duty, the department shall develop a comprehensive plan to administer the Medicaid prescription drug program and submit the plan to the Senate Committee on Health and Welfare, Senate Committee on Finance, House Committee on Health and Welfare, and House Committee on Appropriations on or before February 1, 2020. At a minimum, the comprehensive plan shall include the following:
(1) Best practices and clinical and cost outcomes from other states that have removed pharmacy services from Medicaid managed care organization contracts and assumed direct administrative responsibility.
(2) Managed care organization portal access to ensure coordination of patient care if pharmacy services are removed from Medicaid managed care organization contracts.
(3) Maximum rebate utilization through participation in the most effective bulk purchasing multi-state buying pool.
(4) Medicaid managed care organization use of a pharmacy benefit manager for Medicaid prescription drug benefit program administration if the pharmacy benefit manager is part of a larger company that also owns retail pharmacies.
C. The Louisiana Department of Health may procure and negotiate pharmacy benefit manager contracts through the use of a reverse auction pursuant to R.S. 39:1600(D) and 1600.1 and the requirements of this Section.
Acts 2019, No. 263, §1; Acts 2021, No. 102, §4.
A. Except as provided in Subsection B of this Section, the Louisiana Medicaid program shall provide coverage for a continuous glucose monitor for the treatment of an enrollee who has one of the following conditions:
(1) Any type of diabetes with the use of insulin more than two times daily or evidence of level 2 or level 3 hypoglycemia.
(2) Glycogen storage disease type 1a.
B. To qualify for coverage pursuant to Subsection A of this Section, the enrollee shall attend regular follow-up visits with a healthcare provider at a minimum of every six months to assess the ongoing benefit of the enrollee's use of a continuous glucose monitor.
C.(1) The Louisiana Department of Health shall implement the provisions of this Section using the most cost-effective solution available to the department.
(2) The secretary of the department shall submit to the Centers for Medicare and Medicaid Services all state plan amendments, promulgate all rules and regulations in accordance with the Administrative Procedure Act, and take any other actions necessary to implement the provisions of this Section.
D. For the purposes of this Section, "continuous glucose monitor" means an instrument or device, including repair and replacement parts, that is designed and offered for the purpose of measuring glucose levels at set intervals by means of a small electrode placed under the skin and held in place by an adhesive.
Acts 2022, No. 241, §1.
A. The legislature hereby finds and affirms all of the following:
(1) Midwives are community-based practitioners who provide comprehensive, holistic, individualized maternity care and alternative birthing services to low-risk clients.
(2) Midwifery care is family-centered and individualized to consider the unique cultural, ethnic, psychosocial, nutritional, and educational needs of the client and supports healthy lifestyle habits that benefit the whole family.
(3) Midwives have made a tremendous contribution to the health and welfare of mothers, and the practice of midwifery continues to advance as a profession as these providers comprise an increasing part of mainstream health care.
B. The Louisiana Department of Health shall implement a Medicaid reimbursement rate for midwifery services that is, at a minimum, ninety-five percent of the amount reimbursed to licensed physicians for the provision of the same health services in pregnancy and childbirth when acting within their scope of practice.
C. For purposes of this Section, "midwife" means a licensed midwife licensed by the Louisiana State Board of Medical Examiners pursuant to R.S. 37:3240 et seq. or a certified nurse midwife licensed by the Louisiana State Board of Nursing pursuant to R.S. 37:913.
D.(1) The midwife shall be enrolled as a Medicaid provider and be a managed care organization network or a fee-for-service provider in the Medicaid program in order to be reimbursed in accordance with this Section.
(2) Implementation of the reimbursement rate provided for in this Section shall be subject to approval by the Centers for Medicare and Medicaid Services.
(3) The Louisiana Department of Health may promulgate any rules as may be necessary to implement the provisions of this Section.
E.(1) Nothing in this Section shall be construed to require a decrease in any reimbursement rate for midwife services that are reimbursed equal to the amount reimbursed to licensed physicians.
(2) Nothing in this Section shall be construed to expand, diminish, or alter the scope of practice of a midwife.
(3) Nothing in this Section shall be construed to require the Medicaid program to cover any specific healthcare service.
Acts 2023, No. 207, §1.
Repealed by Acts 1997, No. 1155, §3, eff. July 1, 1997.
Repealed by Acts 1997, No. 1155, §3, eff. July 1, 1997.
Repealed by Acts 1997, No. 1155, §3, eff. July 1, 1997.
Repealed by Acts 1997, No. 1155, §3, eff. July 1, 1997.
Repealed by Acts 1997, No. 1155, §3, eff. July 1, 1997.
Repealed by Acts 1997, No. 1155, §3, eff. July 1, 1997.
Repealed by Acts 1997, No. 1155, §3, eff. July 1, 1997.
Repealed by Acts 1997, No. 1155, §3, eff. July 1, 1997.
Repealed by Acts 1997, No. 1155, §3, eff. July 1, 1997.
The Department of Children and Family Services shall submit copies of the federal quarterly ACF-196 and ACF-696 reports to the House and Senate committees on health and welfare, the House Committee on Appropriations, and the Senate Committee on Finance at the time these reports are submitted to the federal government. Upon request, the department shall submit copies of any other report the legislature deems necessary.
NOTE: §460.1 as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
§460.1. Submission of quarterly reports to the legislature
Louisiana Works shall submit copies of the federal quarterly ACF-196 and ACF-696 reports to the House and Senate committees on health and welfare, the House Committee on Appropriations, and the Senate Committee on Finance at the time these reports are submitted to the federal government. Upon request, the department shall submit copies of any other report the legislature deems necessary.
Acts 2001, No. 918, §1; Acts 2018, No. 206, §5; Acts 2025, No. 478, §13, eff. Oct. 1, 2027.
Repealed by Acts 1997, No. 1155, §3, eff. July 1, 1997.
To the extent allowed by federal law and notwithstanding any other state law, rule, or regulation to the contrary, adult basic education and literacy training shall be included in the definition of vocational educational training for purposes of calculating work participation rates under the Temporary Assistance for Needy Families programs. This law shall apply to any person receiving such education or training, regardless of the person's age.
Acts 2001, No. 926, §1; Acts 2022, No. 271, §5.
A. The legislature hereby finds that an employment-focused program has succeeded in reducing public assistance rolls by focusing on the importance of work as a way of escaping poverty; education and employment can give public assistance recipients the literacy, knowledge, and aptitudes to obtain and retain private career-path employment; that these programs retain their importance in reducing public assistance dependency; that new federal legislation places an increased emphasis on employment and allows the combining of employment-related activities with educational activities and that to the extent that they can be funded under the new federal welfare reform program without hindering the other federally recognized goals, they should be funded.
B. Repealed by Acts 2003, No. 58, §2.
C. Within this Section, "educational activities" refers to the following educational activities funded by the Department of Children and Family Services in the state 1995-96 Fiscal Year, but not countable towards the federal participation requirements of 42 U.S.C. 407 as amended in 1996:
(1) Courses for obtaining general equivalency degrees.
(2) Adult basic education and literacy training.
(3) Vocational-technical training.
D. The department shall report to the Senate and House committees on health and welfare on or before August 15, 1997, and quarterly thereafter, regarding implementation of the provisions of this Section and to what extent the investment level shall be reached for the fiscal year.
E.(1) The provisions of this Section shall apply only to the extent permissible from federal TANF funds and uncommitted maintenance of effort funds the state is required to spend under TANF.
(2) The provisions of this Section shall also apply only to the extent that TANF and maintenance of effort funds are available and uncommitted for expenditure for other purposes by the department or by the legislature.
(3) Funds that have been received from the federal government shall be considered available and uncommitted provided the requisite approval for the expenditure of such funds under the provisions of R.S. 39:131 et seq. has not been obtained.
F. Nothing in this Section shall prohibit the legislature from appropriating state funds for the educational activities defined in this Section.
Acts 1997, No. 700, §1, eff. July 1, 1997; Acts 2003, No. 58, §§1 and 2; Acts 2018, No. 206, §5; Acts 2025, No. 478, §12, eff. Oct. 1, 2025.
NOTE: Subsection A eff. until Oct. 1, 2027. See Acts 2025, No. 478.
A. In order to promote self-sufficiency, the Department of Children and Family Services shall disregard a recipient's first six months of earnings up to nine hundred dollars of gross earnings per month in determining the amount of his household's benefit under Temporary Assistance for Needy Families, provided that such recipient is engaged in a work activity which has been approved by the department as part of his work participation requirement under TANF.
NOTE: Subsection A as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
A. In order to promote self-sufficiency, Louisiana Works shall disregard a recipient's first six months of earnings up to nine hundred dollars of gross earnings per month in determining the amount of his household's benefit under Temporary Assistance for Needy Families, provided that the recipient is engaged in a work activity which has been approved by the department as part of his work participation requirement under TANF.
B. This provision shall apply to a household only one time.
C. Months in which a recipient receives the statutory earned income disregard pursuant to Subsection A of this Section shall not count toward the state twenty-four-month limit provided in R.S. 46:231.6(A)(1).
D. For purposes of this Section, "Temporary Assistance for Needy Families" or "TANF" means the federal block grant program established under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193.
E. The department shall promulgate rules and regulations to implement the provisions of the earned income disregard program provided in Subsection A of this Section, in accordance with the Administrative Procedure Act.
Acts 1997, No. 733, §1, eff. July 1, 1997; Acts 1997, No. 859, §1, eff. July 10, 1997; Acts 1999, No. 572, §1, eff. July 1, 1999; Acts 2003, No. 58, §1; Acts 2004, No. 675, §1; Acts 2025, No. 478, §13, eff. Oct. 1, 2027.
A. For purposes of this Section, "individual development account" shall mean a financial account to be used for the purposes specified in this Section and established in the name of an individual account holder who is eligible for the individual development account program based on established income eligibility determination.
B. Notwithstanding any other provision of law to the contrary, a recipient may still receive TANF benefits while maintaining an individual development account which meets the following criteria:
(1)(a) Deposits shall only be made by the individual account holder, a nonprofit organization, an individual contributor, or the state on behalf of the individual.
(b) Total deposits into an individual development account over the life of the account shall not exceed six thousand dollars excluding interest.
(2) At any point in time, the balance of an individual development account shall not exceed six thousand dollars.
(3) The account holder may withdraw monies from an individual development account for the following purposes only:
(a) To pay his educational expenses incurred at an accredited institution of higher education.
(b) To pay his training costs incurred for a training program approved by the department.
(c) To pay for work-related clothing, tools, or equipment as approved by the department.
(d) For homeownership.
(e) For business capitalization.
(4) TANF monies may be deposited into this account, including but not limited to any matching funds that may be appropriated for that purpose.
C. The department shall ensure that there is a limitation of one individual development account per household.
D. An individual account holder who ceases to receive TANF program benefits may withdraw deposited monies from an individual development account for any purpose, except that the individual account holder shall comply with any restriction on the use of any monies deposited by a nonprofit organization or an individual contributor, or on the use of any state matching funds.
E. The department shall promulgate rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Section which shall include but not be limited to the following:
(1) The establishment and administration of the individual development account program.
(2) The criteria a nonprofit organization or an individual contributor shall satisfy before making a deposit to an individual development account.
(3) Penalties for fraud or abuse of any provision of this Section.
F. The department may administer an individual development account program as provided in this Section contingent upon the availability of funding to do so.
Acts 1997, No. 881, §1; Acts 2001, No. 1098, §1; Acts 2002, 1st Ex. Sess., No. 84, §1, eff. April 18, 2002; Acts 2013, No. 285, §1, eff. June 14, 2013.
NOTE: Subsection A eff. until Oct. 1, 2027. See Acts 2025, No. 478.
A. The Department of Children and Family Services in consultation with the Department of Education shall develop and implement a special program, the Incentive Award Program, whereby the governing authority of a parish and a parish school system may receive a financial award for reducing the teen pregnancy rate and dropout rate for the parish.
NOTE: Subsection A as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
A. Louisiana Works in consultation with the Department of Education shall develop and implement a special program, the Incentive Award Program, whereby the governing authority of a parish and a parish school system may receive a financial award for reducing the teen pregnancy rate and dropout rate for the parish.
B. The department, in developing this program, shall:
(1) Develop and define the standards to be used to measure progress.
(2) Develop the procedure to be used to collect relevant data to be used to determine progress.
(3) Require that the data collected be compiled into an annual progress report which ranks each parish relative to the progress made by the parish in the relevant categories and provide for the delivery of said report to each school, parish governing authority, and parish school system in the state.
(4) Provide for the annual identification of at least ten parishes which have made the most significant progress in the past year and which will be eligible for the financial award.
NOTE: Subsection C eff. until Oct. 1, 2027. See Acts 2025, No. 478.
C. Through the Incentive Award Program, the department shall provide a financial award to each of the ten parishes identified in the annual progress report which have demonstrated the most significant reduction in dropout rates, as defined by rule of the Department of Education, and in teen pregnancy rates as defined by rule of the Department of Children and Family Services. The financial award shall be distributed to such ten parish school systems. These awards may be expended by the parish school system to implement innovative community-based and school-based programs designed to further reduce the dropout rate and the teen pregnancy rate for the parish and for instructional enhancement programs.
NOTE: Subsection C as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
C. Through the Incentive Award Program, the department shall provide a financial award to each of the ten parishes identified in the annual progress report that have demonstrated the most significant reduction in dropout rates, as defined by rule of the Department of Education, and in teen pregnancy rates as defined by rule of Louisiana Works. The financial award shall be distributed to the ten parish school systems. These awards may be expended by the parish school system to implement innovative community-based and school-based programs designed to further reduce the dropout rate and the teen pregnancy rate for the parish and for instructional enhancement programs.
D. No award shall be granted through the Incentive Award Program until such time as the state of Louisiana receives a financial bonus award from the federal government provided for in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, which provides for awards to the five states that have demonstrated the largest net decrease in the rate of out-of-wedlock births.
Acts 1997, No. 510, §1; Acts 2025, No. 478, §13, eff. Oct. 1, 2027.
NOTE: Paragraph (A)(1) eff. until Oct. 1, 2027. See Acts 2025, No. 478.
A.(1) Any recipient of Temporary Assistance for Needy Families Block Grant (TANF) benefits who is less than eighteen years of age, is not married, and is a custodial parent shall live in an approved adult-supervised living arrangement with his or her child, except when evidence is presented to a caseworker of the Department of Children and Family Services that the teen parent, or his or her child, has been subjected to emotional or physical abuse. If the caseworker determines that the teen parent, or his or her child, has been subjected to the abuse of an adult with whom they are living in a primary relationship and that under the circumstances the teen, and his or her child, would be safer living outside the present adult-supervised living arrangement, then the teen parent and child shall be allowed to live outside such living arrangement temporarily. If the teen parent leaves his or her such living arrangement, the caseworker shall monitor the teen's case no less frequently than once a month and shall assist the teen parent in locating another approved adult-supervised living arrangement, taking into consideration the needs and concerns of the teen parent and child. The teen parent shall be allowed to receive TANF benefits on behalf of himself or herself, and his or her child, while temporarily living outside an adult-supervised living arrangement as provided in this Subsection.
NOTE: Paragraph (A)(1) as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
A.(1)(a) Any recipient of Temporary Assistance for Needy Families Block Grant (TANF) benefits who is less than eighteen years of age, is not married, and is a custodial parent shall live in an approved adult-supervised living arrangement with his child, except when evidence is presented to a caseworker of Louisiana Works that the teen parent, or his child, has been subjected to emotional or physical abuse.
(b)(i) If the caseworker determines that the teen parent, or his child, has been subjected to the abuse of an adult with whom they are living in a primary relationship and that under the circumstances the teen, and his child, would be safer living outside the present adult-supervised living arrangement, then the teen parent and child shall be allowed to live outside the adult-supervised living arrangement temporarily.
(ii) If the teen parent leaves the adult-supervised living arrangement, the caseworker shall monitor the teen's case no less frequently than once a month and shall assist the teen parent in locating another approved adult-supervised living arrangement, taking into consideration the needs and concerns of the teen parent and child.
(c) The teen parent shall be allowed to receive TANF benefits on behalf of himself, and his child, while temporarily living outside an adult-supervised living arrangement as provided in this Subsection.
(2) Work-eligible, minor parents with children who have not yet received a high school diploma or equivalency shall attend school or related education classes designed to obtain a high school diploma or its equivalent. School attendance shall be the primary work activity for those minor parents who do not have a high school diploma or equivalency. These expectations shall become part of the recipient's Family Success Agreement. Minor parents who fail to participate in these activities are subject to sanction for non-participation and are considered to be out of compliance with a Family Success Agreement.
NOTE: Subsection B eff. until Oct. 1, 2027. See Acts 2025, No. 478.
B. The secretary of the Department of Children and Family Services may temporarily exempt from the work participation requirements any female who is in a two-parent TANF family who presents sufficient evidence to support a claim that she has been incapable of maintaining a job or regularly reporting to her place of employment because she is a victim of domestic violence and has been forced to move into a shelter or another protective environment outside her home.
NOTE: Subsection B as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
B. The secretary of Louisiana Works may temporarily exempt from the work participation requirements any female who is in a two-parent TANF family who presents sufficient evidence to support a claim that she has been incapable of maintaining a job or regularly reporting to her place of employment because she is a victim of domestic violence and has been forced to move into a shelter or another protective environment outside her home.
C. Repealed by Acts 2013, No. 285, §2, eff. June 14, 2013.
Acts 1997, No. 774, §1; Acts 2003, No. 58, §1; Acts 2013, No. 285, §2, eff. June 14, 2013; Acts 2025, No. 478, §13, eff. Oct. 1, 2027.
A. The secretary shall waive, for as long as necessary, pursuant to a determination of good cause, any public assistance program requirement that will create obstacles for a victim of domestic violence to escape a domestic violence situation, including but not limited to time limits on receipt of assistance, work, training or educational requirements, limitations of TANF requirements, residency requirements, and any other program requirements which will create obstacles for such victim to escape violence or penalize that victim for past, present, and potential for abuse. However, a victim of domestic violence shall develop a plan that specifies the necessary actions, goals, and services that may enable the victim to become free of a domestic violence situation. Such plan shall be made a component of the participant's Family Success Agreement.
B. Any information obtained pursuant to this Section regarding a victim of domestic violence shall be used solely for the purposes provided for in Subsection A of this Section or for referral to supportive services and shall not be released to any third party, including a governmental agency unless such agency is authorized to obtain such information by another provision of law.
Acts 1997, No. 1248, §2, eff. July 1, 1997; Acts 2003, No. 58, §1.
A. The legislature hereby reaffirms the legitimate government function of promoting the safety and welfare of children and adults. The legislature declares that the best interests of a significant portion of the state's population are served by ensuring that they are free of the physical and mental impairments associated with drug dependence. The legislature further reaffirms its compelling interest in providing safeguards to eliminate the misappropriation of entitlement benefits. The legislature hereby directs the secretary of the Department of Children and Family Services in consultation with the secretary of the Louisiana Department of Health and the commissioner of administration to establish a mandatory drug testing program for certain adults in the Temporary Assistance for Needy Families Block Grant Program.
B. The secretary of the Department of Children and Family Services shall cause to be instituted a mandatory drug testing program for certain adult participants, to be determined by the secretary in consultation with the secretary of the Louisiana Department of Health and the commissioner of administration, in the Temporary Assistance for Needy Families Block Grant Program. No participant shall be tested if such testing is prohibited by federal law. No sanction shall be imposed on an adult participant if such sanction is prohibited by federal law. Such testing program shall provide procedural safeguards to ensure the protection of the constitutional rights of the program participants and provide that testing shall be done by state certified laboratories.
C. The required drug testing program shall require a participant to complete an education and rehabilitation program upon the initial identification of such participant as an illegal drug user verified by a positive test result as a prerequisite to continued receipt of benefits. Further, the drug testing program shall provide for the suspension of participation in such entitlement program for a participant subsequently identified by a verified positive test result as an illegal drug user; however, in no event shall participation in such entitlement program be suspended while the participant is taking part in the education and rehabilitation program or until an education and rehabilitation program is available to the participant. The secretary of the Department of Children and Family Services in conjunction with the secretary of the Louisiana Department of Health and the commissioner of administration shall provide a program of education and rehabilitation for participants so identified as illegal drug users. Such program shall include regulations governing the reentry of a suspended recipient into the entitlement program based on subsequent testing results and completion of education and rehabilitation programs. Such program shall also include the provision of inpatient services for any participant identified as an illegal drug user if it is determined that such inpatient services are necessary for successful rehabilitation.
D. The secretary of the Department of Children and Family Services in consultation with the secretary of the Louisiana Department of Health and the commissioner of administration shall promulgate rules and regulations to implement the provisions of this Section in accordance with the Administrative Procedure Act. Such rules and regulations shall provide that the cost of testing participants for the presence of illegal drugs and the treatment of such participants pursuant to the provisions of this Section shall be borne by the department or departments that grant the applicable public assistance.
E. The secretary shall prepare a written statistical report on the program and submit the report to the legislature on or before January 1, 1999 and annually thereafter.
NOTE: §460.10 as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
§460.10. Drug testing for certain adult recipients of public assistance; legislative policy; procedures
A. The legislature hereby reaffirms the legitimate government function of promoting the safety and welfare of children and adults. The legislature declares that the best interests of a significant portion of the state's population are served by ensuring that they are free of the physical and mental impairments associated with drug dependence. The legislature further reaffirms its compelling interest in providing safeguards to eliminate the misappropriation of public assistance benefits. The legislature hereby directs the secretary of Louisiana Works, in consultation with the secretary of the Louisiana Department of Health and the commissioner of administration, to establish a mandatory drug testing program for certain adults in the Temporary Assistance for Needy Families Block Grant Program.
B.(1) The secretary of Louisiana Works shall cause to be instituted a mandatory drug testing program for certain adult participants, to be determined by the secretary in consultation with the secretary of the Louisiana Department of Health and the commissioner of administration, in the Temporary Assistance for Needy Families Block Grant Program. However, no participant shall be tested if such testing is prohibited by federal law. No sanction shall be imposed on an adult participant if such sanction is prohibited by federal law.
(2) The testing program shall provide procedural safeguards to ensure the protection of the constitutional rights of the program participants and provide that testing shall be done by state certified laboratories.
C.(1) The required drug testing program shall require a participant to complete an education and rehabilitation program upon the initial identification of the participant as an illegal drug user verified by a positive test result as a prerequisite to continued receipt of benefits. Further, the drug testing program shall provide for the suspension of participation in the public assistance program for a participant subsequently identified by a verified positive test result as an illegal drug user. However, in no event shall participation in the public assistance program be suspended while the participant is taking part in the education and rehabilitation program or until an education and rehabilitation program is available to the participant.
(2)(a) The secretary of Louisiana Works, in conjunction with the secretary of the Louisiana Department of Health and the commissioner of administration, shall provide a program of education and rehabilitation for participants so identified as illegal drug users.
(b) The program shall include regulations governing the reentry of a suspended participant into the public assistance program based on subsequent testing results and completion of education and rehabilitation programs.
(c) The program shall also include the provision of inpatient services for any participant identified as an illegal drug user if it is determined that such inpatient services are necessary for successful rehabilitation.
D. The secretary of Louisiana Works, in consultation with the secretary of the Louisiana Department of Health and the commissioner of administration, shall promulgate rules and regulations to implement the provisions of this Section in accordance with the Administrative Procedure Act. Such rules and regulations shall provide that the cost of testing participants for the presence of illegal drugs and the treatment of such participants pursuant to the provisions of this Section shall be borne by the department or departments that grant the applicable public assistance.
E. The secretary of Louisiana Works shall prepare a written statistical report on the program and submit the report to the legislature on or before January 1, 1999, and annually thereafter.
Acts 1997, No. 1459, §1; Acts 2025, No. 478, §13, eff. Oct. 1, 2027.
NOTE: ACTS 1997, NO. 1459, §4, PROVIDES FOR EFFECTIVENESS UPON ALLOCATION OF FUNDS.
REPEALED BY ACTS 1991, NO. 958, §3 AND ACTS 1991, NO. 1033, §3.
Repealed by Acts 2007, No. 95, §3, eff. Dec. 31, 2012.
As used in this Part, the following terms have the meaning ascribed to them in this Section unless the context clearly indicates otherwise:
(1) "Department" means the Louisiana Department of Health.
(2) "Managed care organization" shall have the same meaning as provided for that term in 42 CFR 438.2 and shall also mean any entity providing primary care case management services to Medicaid recipients pursuant to a contract with the department.
(3) "Medicaid" and "medical assistance program" mean the medical assistance program provided for in Title XIX of the Social Security Act.
(4) "Prepaid coordinated care network" means a private entity that contracts with the department to provide Medicaid benefits and services to enrollees of the Medicaid managed care program in exchange for a monthly prepaid capitated amount per member.
(5) "Primary care case management" means a system in which an entity contracts with the state to furnish case management services, which include but are not limited to the location, coordination, and monitoring of primary health care service to Medicaid beneficiaries.
(6) "Secretary" means the secretary of the Louisiana Department of Health.
Acts 2013, No. 312, §1, eff. Jan. 1, 2014; Acts 2017, No. 349, §2.
Repealed by Acts 2019, No. 174, §1, eff. June 11, 2019.
A. There shall be a single uniform prescription drug prior authorization form used by all Medicaid managed care organizations, including any Medicaid managed care organization pharmacy benefit managers. The requirement for a single uniform prescription drug prior authorization form shall not apply to prior authorization of specialty drugs or in cases where electronic prescriptions are utilized. All managed care organizations shall use a single uniform prescription drug prior authorization form, not to exceed two pages, excluding guidelines or instructions, that has been jointly promulgated by the Louisiana Board of Pharmacy and the Louisiana State Board of Medical Examiners in accordance with the Administrative Procedure Act. A Medicaid managed care organization may include organization specific information on the form, including but not limited to the organization's name, address, logo, and other contact information for the organization. A health care provider may submit the prior authorization form electronically if the Medicaid managed care organization allows for submission of the form in this manner.
B. The Louisiana Board of Pharmacy and the Louisiana State Board of Medical Examiners shall promulgate rules and regulations prior to January 1, 2019, that establish the form which shall be utilized by all Medicaid managed care organizations. The boards may consult with the health insurance issuers, Medicaid managed care organizations, Louisiana Department of Health, and Department of Insurance as necessary in development of the prior authorization form.
C. Pursuant to its contract with any Medicaid managed care organization, the department shall assess sanctions against any Medicaid managed care organization that directly or through its pharmacy benefit managers, utilizes any prescription drug prior authorization form other than the single uniform prescription drug prior authorization form provided for in this Section.
D. The single uniform prescription drug prior authorization form provided for in this Section shall be the same as provided for in R.S. 22:1006.1.
Acts 2013, No. 312, §1, eff. Jan. 1, 2014; Acts 2018, No. 423, §2, eff. Jan. 1, 2019.
A. Each managed care organization that utilizes step therapy or fail first protocols shall comply with the provisions of this Section.
B. When medications for the treatment of any medical condition are restricted for use by a managed care organization by a step therapy or fail first protocol, the prescribing physician shall be provided with and have access to a clear and convenient process to expeditiously request an override of such restriction from the managed care organization. The managed care organization shall expeditiously grant an override of such restriction under any of the following circumstances:
(1) The prescribing physician can demonstrate to the managed care organization, based on sound clinical evidence, that the preferred treatment required under step therapy or fail first protocol has been ineffective in the treatment of the Medicaid enrollee's disease or medical condition.
(2) The prescribing physician can demonstrate to the managed care organization, based on sound clinical evidence, that the preferred treatment required under the step therapy or fail first protocol will be expected to be ineffective based on the known relevant physical or mental characteristics and medical history of the Medicaid enrollee and known characteristics of the drug regimen.
(3) The prescribing physician can demonstrate to the managed care organization, based on sound clinical evidence, that the preferred treatment required under the step therapy or fail first protocol will cause or will likely cause an adverse reaction or other physical harm to the Medicaid enrollee.
C. The duration of any step therapy or fail first protocol shall not be longer than the duration of action for the medication as described in the pharmacokinetics section of the package insert approved by the United States Food and Drug Administration when such treatment is demonstrated by the prescribing physician to be clinically ineffective.
Acts 2013, No. 312, §1, eff. Jan. 1, 2014.
The provisions of this Part shall not apply to any entity that contracts with the department to provide fiscal intermediary services in processing claims of health care providers.
Acts 2013, No. 312, §1, eff. Jan. 1, 2014.
A. Words and terms used in this Section shall have the following meanings:
(1) "Department" means the Louisiana Department of Health.
(2) "Legacy Medicaid rate" means the lesser of one of the following:
(a) The published Medicaid fee-for-service reimbursement rate for the combination of the ingredient cost and dispensing fee in use for the current approved Medicaid state plan in effect on the date of service.
(b) The usual and customary charge. This charge shall be the price the provider most frequently charges the general public for the same drug unless otherwise defined in the current approved Medicaid state plan in effect on the date of service.
(c) The pharmacy's submitted charge.
(3) "Local pharmacy" means any pharmacy, domiciled in at least one Louisiana parish that meets both of the following criteria:
(a) Contracts with the managed care organization or the managed care organization's contractor in its own name or through a pharmacy services administration organization and not under the authority of a group purchasing organization.
(b) Has fewer than ten retail outlets under its corporate umbrella.
B., C. Repealed by Acts 2017, No. 301, §2, eff. Oct. 1, 2017.
D. No managed care organization shall pay a local pharmacy a per-prescription reimbursement at a rate less than the legacy Medicaid rate.
E. Repealed by Acts 2017, No. 301, §2, eff. Oct. 1, 2017.
Acts 2015, No. 399, §2; Acts 2017, No. 301, §§1, 2, eff. Oct. 1, 2017.
A. There is hereby created within the Louisiana Department of Health the Council on Medicaid Pharmacy Reimbursement, referred to in this Section as the "council".
B. The council shall be composed of the following members:
(1) The Medicaid director of the Louisiana Department of Health or his designee.
(2) The president of the Louisiana Pharmacists Association or his designee.
(3) The president of the Louisiana Independent Pharmacies Association or his designee.
(4) A representative of the Louisiana Alliance of Retail Pharmacies appointed by the executive director of the Louisiana Retailers Association.
(5) The president of the National Association of Chain Drug Stores or his designee.
(6) One pharmacist appointed by the chairman of the Senate Committee on Health and Welfare.
(7) One physician appointed by the chairman of the Senate Committee on Health and Welfare.
(8) One pharmacist appointed by the chairman of the House Committee on Health and Welfare.
(9) One physician appointed by the chairman of the House Committee on Health and Welfare.
(10) Two licensed pharmacists appointed by the Louisiana Board of Pharmacy who are not currently serving on the board. The board shall strive to ensure its appointments demonstrate race, gender, ethnic, and geographical diversity.
C.(1)(a) Members of the council provided for in Paragraphs (B)(1) through (5) of this Section shall serve a term concurrent with their tenure in the qualifying office. Appointed members of the council provided for in Paragraphs (B)(6) through (10) of this Section shall serve at the pleasure of the appointing authority. Designees of members shall serve at the pleasure of the designating member not to exceed the term of the designating member.
(b) Appointed members of the council provided for in Paragraphs (B)(6) through (10) of this Section shall be licensed and in good standing with their respective licensing board, actively engaged in their profession, and participating in the Medicaid program.
(2) Six members shall constitute a quorum for the transaction of all business. The members shall elect a chairperson and vice chair whose duties shall be established by the council. The member elected to serve as chairperson shall fix a time and place for regular meetings of the council, which shall meet at least quarterly. The council shall establish policies and procedures necessary to carry out its duties.
(3) Members of the council shall serve without compensation.
(4) The secretary shall designate the appropriate staff to provide support to the council and supply data regarding Medicaid pharmacy claims to inform the work of the council. All information provided to the council shall be either redacted or reported in the aggregate to protect the confidentiality of the information or to protect a person's reasonable right to privacy.
D.(1) The council shall perform all of the following tasks:
(a) Review Medicaid pharmacy reimbursement data and trends and establish a process by which pharmacists can provide information showing that current reimbursement does not cover the reasonable and appropriate cost for a specific pharmaceutical.
(b) Provide a platform for pharmacists to submit ideas and express concerns and a venue for public testimony on Medicaid reimbursements.
(c) Make recommendations to the secretary regarding needed changes to Medicaid pharmacy reimbursement policies and procedures, including but not limited to enhanced reimbursements for specific pharmaceuticals upon a showing that the current reimbursement does not cover the reasonable and appropriate costs and inhibits patient access to prescribed, medically necessary pharmaceuticals.
(d) Advise the secretary on alleged violations committed by Medicaid managed care organizations, pharmacy benefit managers, or any other entity that provides any service related to prescription drug administration or benefits.
(e) Make annual recommendations to the secretary regarding the implementation and administration of a Medicaid medication therapy management program pursuant to R.S. 46:153.3.1.
(f) Any other task related to the Medicaid pharmacy program, including but not limited to Medicaid prescription drug administration, drug rebates, and reimbursement.
(2) In carrying out the duties provided for in Paragraph (1) of this Subsection, the council may consult with health benefit plan issuers, Medicaid managed care organizations, pharmacy benefit managers, wholesale drug distributors, and other interested stakeholders.
Acts 2022, No. 292, §1.
As used in this Part, the following terms shall have the meaning ascribed to them in this Section unless the context clearly indicates otherwise:
(1) "Department" means the Louisiana Department of Health.
(2) "Health care provider" or "provider" means a physician licensed to practice medicine by the Louisiana State Board of Medical Examiners or other individual health care practitioner licensed, certified, or registered to perform specified health care services consistent with state law.
(3) "Managed care organization" shall have the same meaning as provided for that term in 42 CFR 438.2 and shall also mean any entity providing primary care case management services to Medicaid recipients pursuant to a contract with the department.
(4) "Medicaid" and "medical assistance program" mean the medical assistance program provided for in Title XIX of the Social Security Act.
Acts 2013, No. 311, §1.
A. Each managed care organization shall compensate, at a minimum, ninety percent of the Medicaid fee-for-service rate in effect for each service coded as a primary care service rendered to a newborn Medicaid beneficiary within thirty days of the beneficiary's birth regardless of whether the Medicaid provider rendering the services is contracted with the managed care organization, but subject to the same requirements as a contracted provider.
B. On or before January 1, 2014, and annually thereafter, the department shall report to the House and Senate committees on health and welfare the incidence and causes of all re-hospitalizations of infants born premature at less than thirty-seven weeks gestational age and who are within the first six months of life.
Acts 2013, No. 311, §1.
As used in this Part, the following terms have the meaning ascribed in this Section unless the context clearly indicates otherwise:
(1) "Adverse determination" means any of the following relative to a claim by a provider for payment for a healthcare service rendered by the provider to an enrollee of the Medicaid managed care organization:
(a) A decision by a managed care organization that denies a claim in whole or in part.
(b) A decision by a managed care organization that only partially pays a claim.
(c) A decision by a managed care organization that results in recoupment of the payment of a claim.
(2) "Applicant" means a healthcare provider seeking to be approved or credentialed by a managed care organization to provide healthcare services to Medicaid enrollees.
(3) "Credentialing" or "recredentialing" means the process of assessing and validating the qualifications of healthcare providers applying to be approved by a managed care organization to provide healthcare services to Medicaid enrollees.
(4) "Dental coordinated care network" means a managed care organization or prepaid coordinated care network, as defined in this Section, that provides or administers only dental benefits for Medicaid recipients.
(5) "Department" means the Louisiana Department of Health.
(6) "Enrollee" means an individual who is enrolled in the Medicaid program.
(7) "Healthcare provider" or "provider" means a person, partnership, limited liability partnership, limited liability company, corporation, facility, or institution that provides healthcare or professional services to individuals enrolled in the Medicaid program.
(8) "Healthcare services" or "services" means the services, items, supplies, or drugs for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease.
(9) "Managed care organization" shall have the same definition as the term is defined by 42 CFR 438.2 and shall include any entity providing primary care case management services to Medicaid recipients pursuant to a contract with the department.
(10) "Policy or procedure" shall mean a requirement governing the administration of managed care organizations specific to billing guidelines, medical management and utilization review guidelines, case management guidelines, claims processing guidelines and edits, grievance and appeals procedures and process, other guidelines or manuals containing pertinent information related to operations and pre-processing claims, and core benefits and services.
(11) "Prepaid Coordinated Care Network" means a private entity that contracts with the department to provide Medicaid benefits and services to Louisiana Medicaid managed care program enrollees in exchange for a monthly prepaid capitated amount per member.
(12) "Primary care case management" means a system under which an entity contracts with the state to furnish case management services that include but are not limited to the location, coordination, and monitoring of primary healthcare services to Medicaid beneficiaries.
(13) "Prior authorization denial" means any situation in which the department or a managed care organization does not fully approve of services or items being requested by a healthcare provider, including any situation in which a service or item other than the exact service or item requested is approved. Prior authorization denials include but are not limited to situations in which a service has been requested for a period of time and is approved for a shorter period of time, fewer hours of a service than requested are approved, or a different item or service from that requested is approved. Prior authorization denials also include but are not limited to situations in which previously approved services are being terminated or reduced or when the department or contractor approves the requested item or service, but sets the amount to be reimbursed lower than the amount requested.
(14) "Secretary" means the secretary of the Louisiana Department of Health.
(15) "Standardized information" means the customary universal data concerning an applicant's identity, education, and professional experience relative to a managed care organization's credentialing process including but not limited to name, address, telephone number, date of birth, social security number, educational background, state licensing board number, residency program, internship, specialty, subspecialty, fellowship, or certification by a regional or national healthcare or medical specialty college, association or society, prior and current place of employment, an adverse medical review panel opinion, a pending professional liability lawsuit, final disposition of a professional liability settlement or judgment, and information mandated by health insurance issuer accrediting organizations.
(16) "Telehealth" has the meaning ascribed in R.S. 40:1223.3.
(17) "Verification" or "verification supporting statement" means the documentation confirming the information submitted by an applicant for a credentialing application from a specifically named entity or a regional, national, or general data depository providing primary source verification including but not limited to a college, university, medical school, teaching hospital, healthcare facility or institution, state licensing board, federal agency or department, professional liability insurer, or the National Practitioner Data Bank.
Acts 2013, No. 358, §1, eff. Jan. 1, 2014; Acts 2014, No. 791, §17; Acts 2015, No. 21, §1; Acts 2017, No. 349, §2; Acts 2018, No. 284, §1; Acts 2019, No. 319, §1; Acts 2019, No. 330, §1; Acts 2020, No. 88, §2.
The provisions of this Part shall not apply to any entity contracted with the Louisiana Department of Health to provide fiscal intermediary services in processing claims of the health care providers.
Acts 2013, No. 358, §1, eff. Jan. 1, 2014.
A. The department, prior to executing any amendment to a professional, personal, consulting, or social services contract that provides for managed care under the Louisiana Medical Assistance Program through the use of a managed care organization, primary care case management, prepaid inpatient health plan, or prepaid ambulatory health plan, all as defined in 42 CFR 438.2, shall publish on a publicly accessible page of the department's website a copy of the entire proposed contract amendment and provide a public comment period of no less than thirty days.
B. If the department finds that an imminent peril to the public health, safety, or welfare requires immediate execution of a proposed contract amendment without otherwise publishing the proposed contract amendment as required in Subsection A of this Section, the department may execute the proposed contract amendment upon publishing a copy of the contract amendment and a written statement that details the reason for finding that an imminent peril to the public health, safety, or welfare requires adoption of the executed amendment.
Acts 2019, No. 319, §1.
A. The department, prior to adopting, approving, amending, or implementing any policy or procedure, shall publish the proposed policy or procedure on a publicly accessible page of the department's website for a period of no less than forty-five days for the purpose of soliciting public comments. The proposed policy or procedure shall be published in a format to be determined by the department but shall include both the existing policy or procedure and the proposed policy and procedure, with the proposed language in the text printed in boldface type and underscored. All present policy or procedure language and punctuation which are to be deleted shall be struck through.
B. A policy or procedure proposed by a managed care organization shall not be implemented unless the department has provided its express written approval to the managed care organization after the expiration of the public notice period required by this Section.
C. If the department finds that an imminent peril to the public health, safety, or welfare requires immediate approval of a proposed policy or procedure without otherwise publishing the proposed policy or procedure as required in Subsection A of this Section, the department may implement the proposed policy or procedure upon publishing a written statement that details its reason for finding that an imminent peril to the public health, safety, or welfare requires adoption of the proposed policy or procedure and a copy of the policy or procedure.
D. The provisions of this Section shall not apply to any policy or procedure that is otherwise duly promulgated in accordance with the Administrative Procedure Act or included in a duly executed contract amendment.
E. The department or a managed care organization shall be prohibited from enforcing any policy or procedure that is not adopted in compliance with this Section and any such policy or procedure shall be null and void and considered a violation of the public policy of this state.
F. If the managed care organization makes any policy or procedure change, the managed care organization shall submit the changes to the department for approval within the time specified by the department.
G. The department shall include in its Medicaid policies and procedures all of the following information relating to telehealth:
(1) An exhaustive listing of the covered healthcare services which may be furnished through telehealth.
(2) Processes by which providers may submit claims for reimbursement for healthcare services furnished through telehealth.
(3) The conditions under which a managed care organization may reimburse a provider or facility that is not physically located in this state for healthcare services furnished to an enrollee through telehealth.
Acts 2019, No. 319, §1; Acts 2020, No. 88, §2.
A. Any managed care organization that requires a healthcare provider to be credentialed, recredentialed, or approved prior to rendering healthcare services to a Medicaid recipient shall complete a credentialing process within sixty days from the date on which the managed care organization has received all of the information needed for credentialing, including the healthcare provider's correctly and fully completed application and attestations and all verifications or verification supporting statements required by the managed care organization to comply with accreditation requirements and generally accepted industry practices and provisions to obtain reasonable applicant-specific information relative to the particular or precise services proposed to be rendered by the applicant.
B.(1) Within thirty days of the date of receipt of an application, a managed care organization shall inform the applicant of all defects and reasons known at the time by the managed care organization in the event a submitted application is deemed to be not correctly and fully completed.
(2) A managed care organization shall inform the applicant in the event that any needed verification or a verification supporting statement has not been received within forty-five days of the date of the managed care organization's request.
C. A healthcare provider shall be considered credentialed, recredentialed, or approved and shall receive payment according to the Medicaid fee schedule if a managed care organization fails to do one of the following within sixty days of receipt of all information needed for credentialing, including all documents required by Subsection A of this Section, and a signed provider agreement:
(1) Review, approve, and load an approved applicant to its provider files in its claims processing system and submit on the electronic provider directory to the department or its designee.
(2) Deny the application and ensure that the provider is not reimbursed for providing services to enrollees.
D. In order to establish uniformity in the submission of an applicant's standardized information to each managed care organization for which he may seek to provide healthcare services until submission of an applicant's standardized information in a paper format shall be superseded by a provider's required submission and a managed care organization's required acceptance by electronic submission, an applicant shall utilize and a managed care organization shall accept either of the following at the sole discretion of the managed care organization:
(1) The current version of the Louisiana Standardized Credentialing Application Form or its successor, as promulgated by the Department of Insurance.
(2) The current format used by the Council for Affordable Quality Healthcare (CAQH) or its successor.
E. If a managed care organization determines upon completion of the credentialing process that an applicant's healthcare provider does not meet the managed care organization's credentialing requirements, the managed care organization may initiate an action to recover from the healthcare provider or the provider group an amount equal to the difference between appropriate payments for out-of-network benefits and in-network benefits paid to the provider prior to completion of the credentialing process if both of the following requirements are met:
(1) The managed care organization notified the applicant healthcare provider of the adverse determination.
(2) The managed care organization initiated action for recovery no later than thirty days after the adverse determination.
F. All of the following providers shall be considered to have satisfied, and shall otherwise be exempt from having to satisfy, any credentialing requirements of a managed care organization:
(1) Any provider who maintains hospital privileges or is a member of a hospital medical staff with a hospital licensed in accordance with the Hospital Licensing Law, R.S. 40:2100 et seq.
(2) Any provider who is a member of the medical staff of a rural health clinic licensed in accordance with R.S. 40:2197 et seq.
(3) Any provider who is a member of the medical staff of a federally qualified health center as defined in R.S. 40:1185.3.
G. If the Centers for Medicare and Medicaid Services withholds or defers payment of, or disallows a claim for, federal financial participation, in whole or in part, based upon a determination that a provider exempted by Subsection F of this Section has not been credentialed or recredentialed as required by 42 CFR 438.214, the state may recoup or initiate other actions to recover from the provider or the hospital an amount equal to the federal financial participation withheld, deferred, or disallowed, in order that the state is indemnified from all losses and made whole.
H. The department may promulgate rules in accordance with the Administrative Procedure Act to provide for further credential-deeming authority applicable to other provider types with appropriate safeguards.
Acts 2013, No. 358, §1, eff. Jan. 1, 2014; Acts 2021, No. 204, §2, eff. Jan. 1, 2022; Acts 2022, No. 143, §1.
A. Under certain circumstances and when the provisions of this Subsection are met, a managed care organization contracting with a group of healthcare providers that bills a managed care organization utilizing a group identification number, such as the group federal tax identification number or the group National Provider Identifier as set forth in 45 CFR 162.402 et seq., shall pay the contracted reimbursement rate of the provider group for covered healthcare services rendered by a new provider to the group without healthcare provider credentialing as described in this Subpart. In addition, the managed care organization shall consider the new provider to be an in-network or participating provider for the purposes of any utilization management or prior authorization processes required by the health insurance issuer for that provider group. This provision shall apply in either of the following circumstances:
(1) When the new provider has already been credentialed by the managed care organization, and the provider's credentialing is still active with the managed care organization.
(2) When the managed care organization has received the required credentialing application that is correctly and fully completed including proof of membership on a hospital medical staff from the new provider, and the managed care organization has not notified the provider group that credentialing of the new provider has been denied. If the new provider is an advanced practice registered nurse or a physician assistant licensed in Louisiana, proof of membership on a hospital medical staff shall not be required, if the provider provides a written attestation identifying the collaborating or supervising physician, if a physician relationship is required by law.
B. A managed care organization shall comply with the provisions of Subsection A of this Section no later than thirty days after receipt of a written request from the provider group.
C. Compliance by a managed care organization with the provisions of Subsection A of this Section shall not be construed to mean that a provider has been credentialed by the managed care organization, or the managed care organization shall be required to list the provider in a directory of contracted healthcare providers.
D. If, after compliance with Subsection A of this Section, a managed care organization completes the credentialing process on the new provider and determines the provider does not meet the managed care organization's credentialing requirements, the managed care organization may recover from the provider or the provider group an amount equal to the difference between appropriate payments for in-network benefits and out-of-network benefits, if the managed care organization has notified the applicant provider of the adverse determination and the prepaid entity has initiated action regarding the recovery within thirty days of the adverse determination.
Acts 2013, No. 358, §1, eff. Jan. 1, 2014; Acts 2018, No. 281, §2; Acts 2021, No. 79, §2, eff. June 4, 2021.
A. With respect to credentialing of a physician whose license is in probationary status pursuant to action by the Louisiana State Board of Medical Examiners, no managed care organization shall terminate participation by that physician in the organization's provider network based solely upon the probationary status of his license or disqualify the physician from initial credentialing based solely upon the probationary status of his license.
B. No managed care organization shall terminate participation by a physician in the organization's provider network unless such action is taken pursuant to an established credentialing committee procedure.
Acts 2016, No. 250, §1.
In accordance with the provisions of R.S. 46:442, the department shall not limit the period within which a provider may submit a claim for payment for a covered service rendered to an enrollee to less than three hundred sixty-five days from the date the service was provided. This prohibition on limiting the claim submission period to less than three hundred sixty-five days from the date of service shall apply relative to claims submitted directly to the department and to claims submitted to all of the following entities:
(1) A managed care organization.
(2) Any of the following entities as defined in 42 CFR 438.2:
(a) A prepaid ambulatory health plan.
(b) A prepaid inpatient health plan.
(c) A primary care case manager.
Acts 2015, No. 21, §1.
A. Any claim payment to a provider by a managed care organization or by a fiscal agent or intermediary of the managed care organization shall be accompanied by an itemized accounting of the individual services represented on the claim that are included in the payment. This itemization shall include but shall not be limited to all of the following items:
(1) The patient or enrollee's name.
(2) The Medicaid health insurance claim number.
(3) The date of each service.
(4) The patient account number assigned by the provider.
(5) The Current Procedural Terminology code for each procedure, hereinafter referred to as "CPT code", including the amount allowed and any modifiers and units.
(6) The amount due from the patient that includes but is not limited to copayments and coinsurance or deductibles.
(7) The payment amount of reimbursement.
(8) Identification of the plan on whose behalf the payment is made.
B. If a managed care organization is a secondary payer, then the organization shall send, in addition to all information required by Subsection A of this Section, acknowledgment of payment as a secondary payer, the primary payer's coordination of benefits information, and the third-party liability carrier code.
C.(1) If the claim for payment is denied in whole or in part by the managed care organization or by a fiscal agent or intermediary of the organization, and the denial is remitted in the standard paper format, then the organization shall, in addition to providing all information required by Subsection A of this Section, include a claim denial reason code specific to each CPT code listed that matches or is equivalent to a code used by the state or its fiscal intermediary in the fee-for-service Medicaid program. If the claim is denied by the managed care organization based upon an opinion or interpretation by the managed care organization of a law, regulation, policy, procedure, or medical criteria or guideline, then the managed care organization shall provide with the remittance advice either instructions for accessing the applicable law, regulation, policy, procedure, or medical criteria or guideline in the public domain or an actual copy of that law, regulation, policy, procedure, or medical criteria or guideline.
(2) If the claim for payment is denied in whole or in part by the managed care organization or by a fiscal agent or intermediary of the plan, and the denial is remitted electronically, then the organization shall, in addition to providing all information required by Subsection A of this Section, include an American National Standards Institute compliant reason and remark code and shall make available to the provider of the service a complimentary standard paper format remittance advice that contains a claim denial reason code specific to each CPT code listed that matches or is equivalent to a code used by the state or its fiscal intermediary in the fee-for-service Medicaid program. If the claim is denied by the managed care organization based upon an opinion or interpretation by the managed care organization of a law, regulation, policy, procedure, or medical criteria or guideline, then the managed care organization shall provide with the remittance advice either instructions for accessing the applicable law, regulation, policy, procedure, or medical criteria or guideline in the public domain or an actual copy of that law, regulation, policy, procedure, or medical criteria or guideline.
D. Each CPT code listed on the approved Medicaid fee-for-service fee schedule shall be considered payable by each Medicaid managed care organization or a fiscal agent or intermediary of the organization.
E. Unless the secretary of the department promulgates a rule in accordance with this Subsection, a managed care organization shall be strictly prohibited from amending, modifying, or changing in any manner a claim submitted by a healthcare provider or adjusting, down-coding, or paying a claim at a lower level of service than what was submitted by the healthcare provider. However, this Section shall not prohibit a managed care organization from conducting required post-payment reviews and audits, and taking action as a result of such reviews and audits. Any violation of the provisions of this Subsection shall result in the department withholding from payment to the managed care organization an amount to be determined by the department not less than twenty-five thousand dollars or greater for each violation of this Section. The department may promulgate rules in accordance with the Administrative Procedure Act that authorize a statewide policy for managed care organizations to adjudicate payment of claims in a manner that would otherwise violate the provisions of this Section. Such rule shall become effective only upon the approval of the Senate Committee on Health and Welfare and the House Committee on Health and Welfare, meeting separately or jointly.
Acts 2013, No. 358, §1, eff. Jan. 1, 2014; Acts 2019, No. 330, §1; Acts 2025, No. 293, §1, eff. June 11, 2025.
A. Each Medicaid managed care organization shall comply with the following notice provisions regarding contracted provider status and ability to begin providing services and submitting claims for reimbursement:
(1) Any Medicaid managed care organization that contracts with or enrolls a provider into its provider network shall furnish written notice to the provider that informs the provider of the effective date of the contract and enrollment.
(2) Unless otherwise authorized by law, a provider shall not submit Medicaid reimbursement claims for any services provided prior to the effective date indicated in the written notice.
(3) The Medicaid managed care organization shall send the written notice required in this Subsection to the last mailing address and last email address submitted by the provider.
B. Each Medicaid managed care organization shall comply with the following notice provisions regarding contracted provider re-credentialing:
(1) Each Medicaid managed care organization shall provide a minimum of three written notices to a contracted provider with information regarding the re-credentialing process, including requirements and deadlines for compliance. The first notice shall be issued by the Medicaid managed care organization no later than six months prior to the expiration of the provider's current credentialing. The notice shall include the effective date of termination if the provider fails to meet the requirements and deadlines of the re-credentialing process.
(2) The Medicaid managed care organization shall send the written notices required in this Subsection to the last mailing address and last email address submitted by the provider.
(3) If the provider fails to timely submit all required documents and meet all re-credentialing requirements, the Medicaid managed care organization shall send a termination notice to the provider with an effective date of termination to be fifteen days after the date of the notice. The Medicaid managed care organization shall send the termination notice via certified mail to the provider's last mailing address as submitted by the provider. The Medicaid managed care organization shall be responsible for paying any claims for services delivered prior to the termination date specified in the notice.
C. If a Medicaid managed care organization terminates a provider and removes a provider from its provider network for reasons other than failure to comply with the re-credentialing process set forth in Subsection B of this Section, the Medicaid managed care organization shall send written notice of the termination via certified mail to the last known mailing address submitted by the provider. The termination notice shall include the effective date of the termination. The termination date shall be fifteen days from the date of the notice if the termination is pursuant to R.S. 46:460.73(A). The termination shall be immediate if the termination is pursuant to R.S. 46:460.73(B) or due to the loss of required license.
D. A provider shall give written notice of any change in licensure or accreditation status to each Medicaid managed care organization with which it is contracted or enrolled in a provider network. The provider shall furnish such written notice to the Medicaid managed care organization within two business days of the provider's knowledge of the change.
Acts 2018, No. 489, §1.
A.(1) Each Medicaid managed care organization shall be responsible for ensuring that any provider it contracts with or enrolls into its network has attained and satisfies all Medicaid provider enrollment, credentialing, and accreditation requirements and all other applicable state or federal requirements in order to receive reimbursement for providing services to Medicaid recipients. Any Medicaid managed care organization that contracts with or enrolls a provider into its provider network and fails to ensure proper compliance with Medicaid provider enrollment, credentialing, or accreditation requirements shall be liable for reimbursement to the provider for any services rendered to Medicaid recipients until such time as the deficiency is identified by the Medicaid managed care organization and notice is issued to the provider pursuant to R.S. 46:460.72. Reimbursement for any services provided during the fifteen-day remedy period after notice of the deficiency was identified by the Medicaid managed care organization, or during a longer period if allowed by the department, shall be withheld if the provider elects to continue providing services while the deficiency is under review. If the deficiency is remedied, the Medicaid managed care organization shall remit payment to the provider. If the deficiency is not remedied, nothing in this Subsection shall be construed to preclude the managed care organization from recouping funds from the provider for any period in which the provider was not properly enrolled, credentialed, or accredited.
(2) If a provider cannot remedy the deficiency within fifteen days and believes that the deficiency was caused by good faith reliance on misinformation by the managed care organization and the provider asserts that he acted without fault or fraudulent intent he may seek review of the matter by the department if he believes there is no deficiency or that because of his reliance on misinformation from the Medicaid managed care organization, he cannot remedy the deficiency within fifteen days, but that an exception should be made to allow him reasonable time to come into compliance so as to not disrupt patient care. The provider shall prove absence of fault or fraudulent intent by producing guidance, applications, or other written communication from the managed care organization that bears incorrect information, including whether the misinformation or guidance was contradictory to applicable Medicaid manuals, rules, or policies.
(3) The department shall review all materials and information submitted by the provider and shall review any information necessary that is in the custody of the Medicaid managed care organization to render a written decision within thirty days of the date of receipt for review submitted by the provider. If the department's decision is in favor of the provider, a reasonable time shall be afforded to the provider to remedy the deficiency caused by the misinformation of the Medicaid managed care organization. During this time, the provider shall be allowed to provide services and submit claims for reimbursement. The written decision issued pursuant to this Paragraph shall be sent to the provider and the Medicaid managed care organization by certified mail.
(4) In addition to the managed care organization being responsible for payment to the provider, the department may impose penalties on the managed care organization in accordance with contract provisions or rules and regulations promulgated pursuant to the Administrative Procedure Act.
(5) If the department's decision is not in favor of the provider, the provider's contract shall be terminated immediately pursuant to the notice provided for in R.S. 46:460.72(C).
(6) If the department's decision is that the provider acted with fault or fraudulent intent, the provisions of Subsection B of this Section shall apply.
(7) The written decision by the department is the final administrative decision and no appeal or judicial review shall lie from this final administrative decision.
B.(1) Each Medicaid managed care organization shall be responsible for mitigating fraud, waste, and abuse of the funds it receives in the form of per-member per-month rates for the provision of services to its plan enrollees. Any Medicaid managed care organization that contracts with or enrolls a provider into the provider network and fails to mitigate fraud, waste, and abuse by a provider who acted with fault or fraudulent intent in securing a contract or submitting claims shall void all claims and previous encounters for the provider.
(2) Failure to execute the provisions of their responsibility to mitigate fraud, waste, and abuse shall not be considered a risk of the Medicaid managed care organization for purposes of calculating per-member per-month rates. All claims associated with fraud, waste, and abuse shall be voided. Voided claims shall not be used for purposes of rate setting or by the Medicaid managed care organization to seek an increase in rates or payments.
(3) The provisions of this Subsection do not preclude the Medicaid managed care organization from recouping and retaining improper payments and overpayments to a provider.
(4) In addition to the managed care organization being responsible for voiding all claims and encounters associated with fraud, waste, and abuse for any payments made to a provider, the department may impose penalties on the managed care organization in accordance with contract provisions or rules and regulations promulgated pursuant to the Administrative Procedure Act.
(5) The Medicaid managed care organization shall be liable to the department for any other costs, expenses, claims, or reimbursement incurred or expended by the department due to the provider's fault or fraudulent intent.
C. Each Medicaid managed care organization shall report every instance of suspected fraud, waste, or abuse to the department and the attorney general. In addition to the sanction and enforcement authority of the department pursuant to a properly executed contract or properly promulgated rule, the attorney general shall have the authority to investigate, enforce, impose sanctions upon, and seek recoveries from any Medicaid managed care organization pursuant to the provisions of this Section and the Medical Assistance Programs Integrity Law, R.S. 46:437.1 et seq. Recoupments shall be returned to the department. All other sanctions, penalties, civil monetary penalties, and additional recoveries or costs of investigations obtained by the attorney general shall be deposited into the Medical Assistance Programs Fraud Detection Fund, as established in R.S. 46:440.1. No Medicaid managed care organization or any officer, director, employee, representative, or agent thereof shall have any liability to the provider or any other person for reporting any suspected fraud to the department or to the attorney general as required by this Section.
D. Nothing in this Section shall be construed to prevent the department or the attorney general from enforcing and imposing penalties otherwise provided for in law or regulation.
E. The department shall promulgate rules and regulations necessary to implement the provisions of this Section in accordance with the Administrative Procedure Act.
F. Nothing in this Section shall be construed to supersede or conflict with the provisions of R.S. 46:460.62.
G. The provisions of this Section shall be subject to approval by the Centers for Medicare and Medicaid Services.
Acts 2018, No. 489, §1.
A. The prior authorization requirements of the department and each managed care organization, including prior authorization requirements applicable in the Medicaid pharmacy program, shall either be furnished to the healthcare provider within twenty-four hours of a request for the requirements or posted in an easily searchable format on the website of the respective managed care organization or the department. Information posted in accordance with the requirements of this Section shall include the date of last review.
B. If the department or a managed care organization denies a prior authorization request, then the department or managed care organization shall provide written notice of the denial to the provider requesting the prior authorization within three business days of making the decision. If the denial of the prior authorization by the department or managed care organization is based upon an interpretation of a law, regulation, policy, procedure, or medical criteria or guideline, then the notice shall contain either instructions for accessing the applicable law, regulation, policy, procedure, or medical criteria or guideline in the public domain or an actual copy of that law, regulation, policy, procedure, or medical criteria or guideline.
Acts 2019, No. 330, §1.
A. If a healthcare provider submits a request, either orally or in writing, to a managed care organization during the time prescribed by state law or regulation in which a managed care organization can subject a claim to any review or audit for purposes of reconsidering the validity of a claim, the managed care organization shall provide, within two business days of such request, a copy of all documentation that has been transmitted between the healthcare provider and the managed care organization, or their respective agents, that is associated with a claim for payment of a service. A managed care organization may, in lieu of providing a physical copy, provide electronic access of the documentation through the use of a provider portal or other electronic means to the provider. All information or documentation required to be provided to a healthcare provider by a managed care organization pursuant to this Section, whether by physical copy or electronic access, shall be provided at no cost to the healthcare provider.
B.(1) Any healthcare provider contract issued, amended, or renewed on or after January 1, 2021, between a managed care organization, its contracted vendor, or agent and a healthcare provider for the provision of healthcare services to a Medicaid enrollee shall not contain restrictions on methods of payment from the managed care organization or its vendor to the healthcare provider in which the only acceptable payment method for healthcare services rendered requires the healthcare provider to pay a transaction fee, provider subscription fee, or any other type of fee or cost in order to accept payment from the managed care organization for the provision of healthcare services, or that would result in a monetary reduction in the healthcare provider's payment for the healthcare services rendered.
(2) If initiating or changing payments to a healthcare provider using electronic funds transfer payments a managed care organization, its contracted vendor, or agent shall do both of the following:
(a) Notify the healthcare provider if any fees are associated with a particular payment method.
(b) Advise the provider of the available methods of payment and provide clear instructions to the healthcare provider as to how to select an alternative payment method that does not require the healthcare provider to pay a transaction fee, provider subscription fee, or any other type of fee or cost in order to accept payment from the managed care organization for the provision of healthcare services.
C. The provisions of this Section shall not be waived by contract, and any contractual clause in conflict with the provisions of this Section or that purports to waive any requirements of this Section is void.
D. If the managed care organization, its contracted vendor, or agent violates any provision of this Section, the department shall impose penalties on the managed care organization in accordance with contract provisions or rules and regulations promulgated pursuant to the Administrative Procedure Act, except that penalties shall be imposed without the necessity of the department having to issue any prior notice of corrective action.
E. As used in this Section, "electronic funds transfer" means an electronic funds transfer through the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, standard automated clearinghouse network.
Acts 2021, No. 434, §2.
A. A managed care organization or a contractor, assignee, agent, or entity acting on the behalf of a managed care organization shall be prohibited from requiring any enrolled provider to be subject to prepayment review unless the requirement is implemented directly by the department and in accordance with the provisions of the Medical Assistance Programs Integrity Law, R.S. 46:437.1 et seq.
B. For the purposes of this Section, "prepayment review" means any action by a managed care organization or a contractor, assignee, agent, or entity acting on the behalf of a managed care organization requiring a healthcare provider to provide medical record documentation in conjunction with or after the submission of a claim for payment for medical services rendered, but before the claim has been adjudicated by the managed care organization.
C.(1) Nothing in this Section shall prohibit a managed care organization from notifying the department of healthcare providers suspected of committing fraud and abuse.
(2) Nothing in this Section shall prohibit the department from requiring all managed care organizations to coordinate efforts to combat and prevent fraud and abuse pursuant to any requirements ordered by the department in accordance with the Medical Assistance Programs Integrity Law, R.S. 46:437.1 et seq.
D. The provisions of this Section shall not apply to any dental coordinated care network as defined in R.S. 46:460.51.
Acts 2022, No. 534, §1.
A.(1) The Louisiana Department of Health shall develop a plan for increased Medicaid managed care organization reimbursement rates and fee-for-service reimbursement rates to physicians at one hundred percent of Medicare rates.
(2) In developing the plan required by this Section, the department shall prioritize physician-provided primary care, obstetric care, nonspecialty mental health, substance use disorder, family planning, and women's health services.
(3) The plan shall include Medicaid reimbursement rates for service rates of one hundred percent of the Medicare rate for procedure codes utilized for evaluation and management for primary care and specialty office visits, preventative services, care management, obstetric services, and nonspecialty mental health services and the estimated costs of implementation of the plan during Fiscal Year 2025-2026 and increasing incrementally through Fiscal Year 2027-2028.
(4) The department shall calculate an equivalent rate increase for physician services that do not have a rate established by Medicare.
B. The plan shall include procedure codes identified as physician primary care or general care to be reimbursed to physicians at one hundred percent of Medicare rates.
C. The department shall submit the plan required by this Section to the Senate Committee on Health and Welfare, the Senate Committee on Finance, the House Committee on Health and Welfare, and the House Committee on Appropriations no later than November 1, 2024.
Acts 2024, No. 306, §1.
A.(1) The legislature finds that Louisiana Medicaid covers portable oxygen concentrators to Medicaid beneficiaries under twenty-one years of age, if deemed medically necessary, through the Early and Periodic Screening, Diagnostic and Treatment (EPSDT) benefit. However, for individuals over the age of twenty-one, Medicaid covers portable oxygen concentrators only for travel to medical appointments and treatment.
(2) The legislature further finds that providing Medicaid coverage for portable oxygen concentrators beyond the limited circumstances in current policy could greatly improve the quality of life for Louisiana residents who require oxygen but are mobile within the home or community.
B.(1) The Louisiana Department of Health shall establish a pilot program to provide coverage for portable oxygen concentrators in the same manner as stationary oxygen systems if a portable concentrator is prescribed by a licensed physician and the enrollee is mobile within the home or community.
(2) The Louisiana Department of Health may limit the number of portable oxygen concentrators covered each fiscal year in a manner determined through rules promulgated by the department.
C. The department shall submit a utilization report to the legislature no later than thirty days prior to the legislative session. The report shall include the number of requests for portable oxygen concentrators, the number of portable concentrators that were covered, the number of requests that were denied, the amount and means of financing of funds utilized to provide coverage, the amount of funds needed to provide coverage for requests that were denied due to lack of funds, and the demographics of enrollees that requested, received, or were denied coverage for portable concentrators.
Acts 2024, No. 509, §1.
A. The department shall provide all known information about any health insurer or other third party that is legally liable for payment of all or part of a claim for healthcare services furnished under the Medicaid state plan to an enrollee on the Medicaid Eligibility Verification System.
B.(1) A managed care organization shall provide notification to the department no later than two business days from the date the managed care organization verifies or has knowledge of the existence of any health insurer or other third party that is legally liable for payment of all or part of a claim for healthcare services furnished under the Medicaid state plan to an enrollee when the health insurer or other liable third party is not reflected on the Medicaid Eligibility Verification System. The notification shall include, at minimum, all of the following information about the health insurer or other liable third party:
(a) The name, address, and phone number of the health insurer or other liable third party.
(b) The policyholder information, including the policyholder name, policy number, and group number.
(c) The scope of coverage, if the scope of coverage is limited.
(d) The effective date of coverage.
(e) Any other information required by the department.
(2) The department may promulgate rules or may include requirements in the Medicaid managed care organization manual as necessary for the implementation of this Section.
(3) The department shall cause the information contained in the notification to be reflected in the Medicaid Eligibility Verification System no later than three business days from receiving a notice pursuant to this Subsection.
C. A managed care organization shall not deny, pend, reject, or recoup a claim solely on the basis of the existence of a liable third party or primary coverage that is through other health insurance unless all of the following information related to the other health insurance is available on the Medicaid Eligibility Verification system that is maintained by the department:
(1) The name, address, and phone number of the liable third party or health insurance issuer.
(2) The policyholder information, including the policyholder name, policy number, and group number.
(3) The effective date of coverage by the liable third party or health insurance issuer and the scope of coverage of the liable third party or health insurance issuer, if the scope of coverage is limited.
D. A managed care organization shall provide written or electronic notification to a provider no later than five business days after the managed care organization receives payment from a liable third party for healthcare services rendered by the healthcare provider. Such notice shall include the following:
(1) A copy of the explanation of benefits provided to the managed care organization as a result of payment being made to the managed care organization for the healthcare services rendered by the healthcare provider.
(2) The name, address, and phone number of the health insurer or other liable third party.
(3) The policyholder information, including the policyholder name, policy number, and group number.
(4) The effective date of coverage.
(5) The scope of coverage, if the scope of coverage is limited.
E. The department shall withhold payment to the managed care organization in an amount to be determined by the department not less than twenty-five thousand dollars or greater for each violation of the provisions of this Section by a managed care organization. However, upon a finding by the department that the managed care organization has committed multiple violations of this Section or has engaged in a pattern of violations, the minimum amount shall be at least one hundred thousand dollars.
Acts 2025, No. 293, §1, eff. June 11, 2025.
A. During a state of emergency declared by the governor, the Louisiana Department of Health may suspend utilization management requirements, including but not limited to prior authorization and concurrent review requirements for the Medical Assistance Program to ensure uninterrupted access to medically necessary healthcare services, including diagnostics, treatments, medications, and supportive services.
B. Any Medicaid managed care organization, pharmacy benefit manager, or entity responsible for fee-for-service claims processing shall reimburse providers for medically necessary drugs, services, equipment, supplies, and therapies provided to Medicaid recipients during the emergency without requiring prior authorization. Any Medicaid managed care organization, pharmacy benefit manager, or entity responsible for fee-for-service claims processing shall reimburse any out-of-state provider that provided essential medical care to a Louisiana Medicaid recipient who evacuated out of state, whether voluntarily or involuntarily, without requiring prior authorization.
C. The prior authorization suspension provided for in this Section shall only apply to Medicaid recipients who reside within the designated emergency area.
D. The Medicaid managed care organizations shall notify Medicaid recipients of prior authorization suspensions, uninterrupted care access, and rights during emergencies. Notifications should be distributed through healthcare providers, community outreach, and online platforms to ensure all patients, especially vulnerable or displaced individuals, are aware of the provisions of this Section and can make informed decisions about their care.
Acts 2025, No. 440, §1.
A.(1) For purposes of this Section, "CPST services" means community psychiatric support and treatment services and "PSR services" means psychosocial rehabilitation services.
(2) An individual behavioral health services provider rendering CPST services, PSR services, or both shall be limited to a maximum combined total of twelve reimbursable hours of CPST services and PSR services per rendering provider, per calendar day, regardless of the number of patients seen by the rendering provider unless any of the following conditions are met:
(a) The medical necessity of the services is documented for a Medicaid recipient receiving more than twelve hours of CPST and PSR services per day per rendering provider.
(b) The services are billed for a group setting. However, the total hours worked by an individual rendering provider shall not exceed twelve reimbursable hours per calendar day.
(c) The services are billed for crisis intervention.
(3)(a) Services subject to the twelve-hour limitation provided in Paragraph (2) of this Subsection include only CPST and PSR services rendered per individual National Provider Identifier at one or more outpatient behavioral health services provider facilities or agencies within a calendar day.
(b) The twelve-hour limitation provided in Paragraph (2) of this Subsection shall not apply per individual behavioral health services provider agency.
(4)(a) Except as provided in Subparagraph (b) of this Paragraph, the provisions of this Subsection shall apply exclusively to CPST services and PSR services.
(b) The provisions of this Subsection shall not apply to evidence-based practices including, without limitation, the practices known as assertive community treatment, multisystemic therapy, functional therapy, and homebuilders.
B. No managed care organization shall accept for payment a claim from a provider of behavioral health services unless that claim includes all claim information required by R.S. 40:2162.
C. The department shall include the limitation on reimbursable hours of CPST and PSR services provided in Subsection A of this Section in each contract with a managed care organization that covers behavioral health services.
D. Implementation of any provision of this Section shall be subject to approval by the Centers for Medicare and Medicaid Services.
Acts 2019, No. 370, §1.
Upon request of the legislative auditor or the Medicaid Fraud Control Unit of the office of the attorney general, the department shall furnish to the requestor behavioral health data that meets the applicable standard for completeness set forth by the Centers for Medicare and Medicaid Services.
Acts 2019, No. 370, §1.
A. Employees, contractors, and subcontractors of managed care organizations performing work or services related to the performance or supervision of audits, prior authorization determinations, and clinical reviews of mental health rehabilitation services providers shall receive annual training on Louisiana's Medicaid Behavioral Health Provider Manual and the relevant state laws, policies, and regulations related to the state's mental health rehabilitation program.
B. Employees, contractors, and subcontractors of managed care organizations shall take all necessary steps to ensure mental health rehabilitation services providers are rostered, credentialed, or otherwise eligible to provide and be reimbursed for mental health rehabilitation services in accordance with R.S. 46:460.61.
C. For purposes of this Section, the following definitions apply:
(1) "Mental health rehabilitation" means an outpatient healthcare program provider of any psychosocial rehabilitation, crisis intervention, or community psychiatric support and treatment services that promotes the restoration of community functioning and well-being of an individual diagnosed with a mental health or mental or emotional disorder. A mental health rehabilitation provider uses evidence-based supports and interventions designed to improve individual and community outcomes.
(2) "Mental health rehabilitation services" means outpatient services for adults with serious mental illness and children with emotional or behavioral disorders which are medically necessary to reduce the disability resulting from mental illness and assist in the recovery and resiliency of the recipient. Such services are home- and community-based and are provided on an as-needed basis to assist recipients in coping with the symptoms of their illness. The intent of mental health rehabilitation services is to minimize the disabling effects on the individual's capacity for independent living and to prevent or limit the periods of inpatient treatment.
D. The department shall promulgate in accordance with the Administrative Procedure Act all rules as are necessary to implement the provisions of this Section.
Acts 2021, No. 204, §2, eff. Jan. 1, 2022.
A. Subject to approval by the Centers for Medicare and Medicaid Services, the Louisiana Department of Health shall reimburse Medicaid providers for mental health partial hospitalization program services provided at a licensed freestanding inpatient psychiatric hospital. Providers shall be reimbursed at one hundred percent of the Medicare rates.
B. Implementation of this Section is subject to the appropriation of funds by the legislature for this purpose or upon notification by the secretary of the Louisiana Department of Health to the Joint Legislative Committee on the Budget that the department has identified available funds within its existing budget authority for the implementation of the provisions of this Section.
Acts 2025, No. 417, §1, eff. July 1, 2025.
A. If a provider's claim is subject to an adverse determination evidenced in a remittance advice or other written or electronic notice from a managed care organization, then the provider shall have a right to an independent review of the adverse action taken by the managed care organization. Such independent review shall be governed by the provisions of this Subpart and any applicable rules and regulations promulgated by the department pursuant to the Administrative Procedure Act. The provisions of this Subpart shall not otherwise prohibit or limit any alternative legal or contractual remedy available to a provider to contest the partial or total denial of a claim for payment for healthcare services. Any contractual provision executed between a provider and a managed care organization which seeks to limit or otherwise impede the appeal process as set forth in this Subpart shall be null, void, and deemed to be contrary to the public policy of this state.
B. The provisions of this Subpart shall not apply to any adverse determination associated with a claim filed with a managed care organization prior to January 1, 2018, regardless of whether the claim is re-filed after that date. For all adverse determinations related to claims filed on or after January 1, 2018, the state shall not mandate that the provider and managed care organization resolve the claim payment dispute through arbitration.
C. An adverse determination involved in litigation or arbitration or not associated with a Medicaid enrollee shall not be eligible for independent review under the provisions of this Subpart.
D. Notwithstanding any other provision of law, a mental health rehabilitation services provider shall have the right to an independent review of an adverse determination taken by a managed care organization that results in a recoupment of the payment of a claim based upon a finding of waste or abuse.
Acts 2017, No. 349, §2; Acts 2021, No. 204, §2, eff. Jan. 1, 2022.
Except for adverse determinations taken against a dentist by a dental coordinated care network, the review procedure for which is provided for in R.S. 46:460.90, the following procedure shall govern the process for independent review of an adverse determination taken against a provider by a managed care organization:
(1) A provider shall submit a written request for reconsideration to the managed care organization that identifies the claim or claims in dispute, the reasons for the dispute, and any documentation supporting the provider's position or request by the managed care organization within one hundred eighty days from one of the following dates:
(a) The date on which the managed care organization transmits remittance advice or other notice electronically, or the date of postmark if the remittance advice or other notice is provided in a nonelectronic format.
(b) Sixty days from the date the claim was submitted to the managed care organization if the provider receives no remittance advice or other written or electronic notice from a managed care organization either partially or totally denying the claim.
(c) The date on which the managed care organization recoups monies remitted for a previous claim payment.
(2) The managed care organization shall acknowledge in writing its receipt of a reconsideration request submitted in accordance with Paragraph (1) of this Section within five calendar days after receipt of the request. The managed care organization shall render a final decision and provide a response to the provider within forty-five calendar days from the date of receipt of the request for reconsideration, unless a longer time to completely respond is agreed upon in writing by the provider and the managed care organization.
(3)(a) Pursuant to the reconsideration request, if the managed care organization upholds the adverse determination or does not respond to the request within the time frames allowed in this Section, then the provider may file a written notice with the department requesting the adverse action be submitted to an independent reviewer as provided for in this Subpart. The notice requesting an independent review shall be received by the department within sixty days from either the date the provider receives notice of the decision of the reconsideration request; or, if the managed care organization does not respond to the reconsideration request within the time frames allowed in this Section, the last date of the time period allowed for the managed care organization to respond.
(b) The department shall provide by rule for the appropriate address to be used by the provider for submission of the notice required by this Section. The provider shall include a copy of the written request for reconsideration with the request for an independent review.
(c) If the managed care organization reverses the adverse determination pursuant to a request for reconsideration, payment of the claim or claims in dispute shall be paid no later than twenty days from the date of the decision.
(4)(a) Upon receipt of a notice of request for independent review and all required supporting information and documentation, the department shall refer the adverse determination to an independent reviewer. The department shall use best efforts to refer an equal proportion of the total number of disputed claims to each independent reviewer.
(b) Subject to approval by the department, a provider may aggregate multiple adverse determinations involving the same managed care organization when the specific reason for nonpayment of the claims aggregated involve a dispute regarding a common substantive question of fact or law. The sole fact that a claim is not paid does not create a common substantive question of fact or law unless the provider has received no remittance advice or other written or electronic notice from a managed care organization either partially or totally denying a claim within sixty calendar days of receipt of the claim by the managed care organization and the claims involve a common substantive question of fact or law.
(5)(a) Within fourteen calendar days of receipt of the request for independent review, the independent reviewer shall request in writing that both the provider and the managed care organization provide the reviewer all information and documentation regarding the disputed claim or claims. The independent reviewer shall request the provider and managed care organization to identify all information and documentation that has been submitted by the provider to the managed care organization regarding the disputed claim or claims. Further, the independent reviewer shall advise the managed care organization and the provider that he will not consider any information or documentation not received within thirty calendar days of receipt of his request or any information submitted by the provider that was not submitted to the managed care organization as part of the request for reconsideration.
(b) If a provider elected to aggregate its claims, the independent reviewer may, upon request, allow for up to an additional thirty days for both the provider and managed care organization to provide relevant information related to the independent review requests.
(6)(a) If the independent reviewer determines that guidance on a medical issue from the department is required to make a decision, then the reviewer shall refer this specific issue to the department for review and response unless the department designates a different contact for this function by rule. Medical issues requiring referral may include the matter of whether a medical benefit is a covered service under the Medicaid program.
(b) The department may respond to the request or refer it to an independent contractor. The response to a request to determine whether a service received was medically necessary must be provided by a physician who is licensed by the state of Louisiana and actively practices in the same medical specialty. The department shall provide a concise response to the request within ninety calendar days after receipt.
(7)(a) Upon receipt of the information requested from the provider and managed care organization or the lapse of the time period for the managed care organization and provider to submit information along with receipt of any applicable responses from the department for guidance on medical issue, the independent reviewer shall examine all materials submitted and render a decision on the dispute within sixty calendar days. However, the independent reviewer may request in writing an extension of time from the department to resolve the dispute. If an extension of time is granted by the department, then the independent reviewer shall provide notice of the extension of time to both the provider and the managed care organization involved in the dispute.
(b) In reaching a decision, the independent reviewer shall not consider any information or documentation from the provider that the provider did not submit to the managed care organization during the managed care organization's review of the provider's request for reconsideration of the adverse determination.
(8) Upon rendering a decision, the independent reviewer shall send to the managed care organization, the provider, and the department a copy of the decision. Once the independent reviewer renders a decision requiring a managed care organization to pay any claims or portion of the claims, then the managed care organization shall send the payment in full along with interest back to the date the claim was originally denied or recouped to the provider within twenty calendar days of the date of the reviewer's decision.
Acts 2017, No. 349, §2; Acts 2018, No. 284, §1.
Within sixty calendar days of an independent reviewer's decision, either party to the dispute may file suit in any court having jurisdiction to review the independent reviewer's decision and to recover any funds awarded by the independent reviewer to the other party. Any claim concerning an independent reviewer's decision not brought within sixty calendar days of the decision shall be barred indefinitely. Suits filed pursuant to this Section shall be conducted in accordance with applicable provisions of the Code of Civil Procedure, and the review by the court will be de novo without regard to the independent reviewer's decision. The independent reviewer and any person who assisted the independent reviewer in reaching a decision shall be prohibited from testifying at the court proceeding considering the independent reviewer's decision. Venue shall be proper in the district court for the parish where either the healthcare provider or the managed care organization is domiciled, and the district court for that parish has exclusive jurisdiction thereof. If the dispute between the parties is not fully resolved prior to the entry of a final decision by the court initially hearing the dispute, then the prevailing party shall be entitled to an award of reasonable attorney fees and expenses from the nonprevailing party. For purposes of this Section, "reasonable attorney fees" means the number of hours reasonably expended on the dispute multiplied by a reasonable hourly rate, and shall not exceed ten percent of the total monetary amount in dispute or five hundred dollars, whichever amount is greater.
Acts 2017, No. 349, §2.
A. The fee for conducting an independent review shall be paid to the independent reviewer by the managed care organization; except that for reviews conducted in accordance with R.S. 46:460.90, a dental coordinated care network shall pay the fee for an independent review to the Louisiana State University School of Dentistry. A provider shall, within ten days of the date of the decision of the independent reviewer, reimburse a managed care organization for the fee associated with conducting an independent review when the decision of the managed care organization is upheld. If the provider fails to submit payment for the independent review within ten days from the date of the decision, the managed care organization may withhold future payments to the provider in an amount equal to the cost of the independent review; however, the managed care organization shall ensure that such a withholding is clearly delineated on the remittance advice. If a provider fails to properly reimburse the managed care organization, the department may prohibit that provider from future participation in the independent review process.
B. The managed care organization shall compensate the independent reviewer within thirty calendar days of receipt by the managed care organization of the reviewer's bill for services rendered. If the managed care organization fails to pay the bill for the independent reviewer's services, then the reviewer may request payment directly from the department from any funds held by the state that are payable to the managed care organization.
C. The fee for an independent review of a dental claim conducted in accordance with R.S. 46:460.90 shall be paid in an amount established in a contract or memorandum of understanding between the department and the Louisiana State University School of Dentistry.
Acts 2017, No. 349, §2; Acts 2018, No. 284, §1.
A. The Independent Reviewer Selection Panel is hereby created within the department. The duties of the panel shall pertain to the independent review of claims except those reviewed in accordance with R.S. 46:460.90. The panel shall consist of the secretary or his duly designated representative and the following members appointed by the secretary:
(1) Two provider representatives.
(2) Two managed care organization representatives.
B. All decisions of the panel shall be made by a majority vote. The panel shall meet at least twice per year. Panel members shall serve without compensation.
C. The panel shall:
(1) Select a chairperson.
(2) Select and identify an appropriate number of independent reviewers and determine a uniform rate of compensation per review to be paid to each reviewer.
(3) Continually review the number and outcome of requests for reconsideration and independent reviews on an aggregated basis. The panel shall not be provided any patient-identifying information for any reason.
D. The secretary shall report to the panel the name of any provider who submits ten or more requests for independent review along with the percentage of adverse determinations that are overturned.
Acts 2017, No. 349, §2; Acts 2018, No. 284, §1.
A. The Dental Claims Review Panel, referred to hereafter in this Section as the "panel", is hereby created within the department. The duties of the panel shall pertain to the independent review of claims reviewed in accordance with R.S. 46:460.90.
B. The panel shall consist of the secretary or his duly designated representative and the following members appointed by the secretary:
(1) One representative from each dental coordinated care network.
(2) A number of dentist representatives equal to the number of representatives from dental coordinated care networks. Dentist representatives shall be nominated by the Louisiana Dental Association.
(3) The dean of the Louisiana State University School of Dentistry or his designee.
C. All decisions of the panel shall be made by a majority vote. The chairperson of the panel shall not be restricted to voting only in the event of a tie. The panel shall meet at least once per year. Panel members shall serve without compensation.
D.(1) The panel shall do all of the following:
(a) Select a chairperson.
(b) Select and identify an appropriate number of independent reviewers to comprise a reviewer pool in accordance with Paragraph (2) of this Subsection.
(c) Continually review the number and outcome of requests for reconsideration and independent reviews on an aggregated basis.
(2)(a) The reviewer pool selected by the Dental Claims Review Panel shall be comprised of dentists who are on the faculty of the Louisiana State University School of Dentistry and have agreed to applicable terms for compensation, confidentiality, and related provisions established by the department. The reviewer pool shall include:
(i) For each of the following specialties, at least one dentist who has completed a residency approved by the Commission on Dental Accreditation in that specialty:
(aa) Periodontics.
(bb) Endodontics.
(cc) Prosthodontics.
(dd) Oral and maxillofacial surgery.
(ii) At least two dentists who have completed a residency approved by the Commission on Dental Accreditation in pediatric dentistry.
(b)(i) The reviewer pool shall not include any dentist who is currently performing compensated services for a dental coordinated care network, whether the compensation is paid directly or through a contract with Louisiana State University School of Dentistry or other state entity, or has received any such compensation at any time in the prior twelve months.
(ii) The reviewer pool shall not include any dentist who has received reimbursement for dental services rendered to Medicaid patients in a private practice setting in the past sixty days. Louisiana State University School of Dentistry clinics, including Louisiana State University School of Dentistry faculty practice, shall not be considered a private practice setting for the purposes of determining eligibility to participate in the reviewer pool.
(c) No dentist shall be eligible to submit denied Medicaid claims for independent review while participating in the reviewer pool.
E. The panel shall not collect or accept any patient-identifying information for any reason.
F. The secretary shall report to the panel the name of any provider who submits ten or more requests for independent review along with the percentage of adverse determinations that are overturned.
Acts 2018, No. 284, §1.
Each managed care organization shall utilize only independent reviewers who are selected in accordance with R.S. 46:460.85, and shall comply with the provisions of this Subpart in the resolution of disputed adverse determinations.
Acts 2017, No. 349, §2.
A managed care organization found by the secretary to be in violation of any provision of this Subpart may be subject to a penalty of up to twenty-five thousand dollars per violation. In addition, if a managed care organization is subject to more than one hundred independent reviews annually and the percentage of adverse determinations overturned in favor of the healthcare provider as a result of an independent review is greater than twenty-five percent, the managed care organization may be subject to a penalty of up to twenty-five thousand dollars.
Acts 2017, No. 349, §2.
The department shall promulgate all rules and regulations in accordance with the Administrative Procedure Act as may be necessary to effectuate and implement the provisions of this Subpart.
Acts 2017, No. 349, §2.
Repealed by Acts 2018, No. 284, §2.
The following procedure shall govern the process for independent review of an adverse determination taken against a dentist by a dental coordinated care network:
(1) Prior to submitting a request for independent review, a dentist shall submit a written request for appeal or reconsideration to the dental coordinated care network, as provided for by the dental coordinated care network and in accordance with applicable rules of the department, any claim that meets either of the following criteria:
(a) The claim has been denied either partially or totally.
(b) More than sixty days have elapsed since the claim was submitted and the dentist has received no remittance advice or other written or electronic notice from the dental coordinated care network either partially or totally denying the claim.
(2) The dental coordinated care network shall acknowledge in writing its receipt of an appeal or reconsideration request within five calendar days after receipt of the request. The dental coordinated care network shall render a final decision and provide a response to the dentist within forty-five calendar days from the date of receipt of the request for appeal or reconsideration, unless a longer time to completely respond is agreed upon in writing by the dentist and the dental coordinated care network.
(3)(a) Pursuant to the appeal or reconsideration request, if the dental coordinated care network upholds the adverse determination or does not respond to the request within the time frames allowed in this Section, then the dentist may file a written notice with the department requesting the adverse action be submitted to an independent reviewer as provided for in this Subpart. The notice requesting an independent review shall be received by the department within sixty days from either the date the dentist receives notice of the decision of the appeal or reconsideration request or, if the dental coordinated care network does not respond to the appeal or reconsideration request within the time frames allowed in this Section, within ten days of the last date of the time period allowed for the dental coordinated care network to respond.
(b) The department shall provide by rule for the appropriate address to be used by the dentist for submission of the notice required by this Section. The dentist shall include a copy of the written request for appeal or reconsideration with the request for an independent review.
(c) If the dental coordinated care network reverses the adverse determination pursuant to an appeal or request for reconsideration, payment of the claim or claims in dispute shall be paid no later than twenty days from the date of the decision.
(4)(a) Upon receipt of a notice of request for independent review and all required supporting information and documentation for a claim denied by a dental coordinated care network, the department shall refer the adverse determination to the dental claims review panel. The panel shall use best efforts to refer an equal proportion of the total number of disputed claims to each eligible independent reviewer.
(b) Subject to approval by the independent reviewer, a dentist may aggregate multiple adverse determinations involving the same dental coordinated care network when the specific reason for nonpayment of the claims aggregated involve a dispute regarding a common substantive question of fact or law. The sole fact that a claim is not paid does not create a common substantive question of fact or law unless the dentist has received no remittance advice or other written or electronic notice from a dental coordinated care network either partially or totally denying the claims from the dental coordinated care network as of the time the dentist submits the request for independent review and the claims involve a common substantive question of fact or law.
(5)(a) Within fourteen calendar days of receipt of the request for independent review, the independent reviewer shall request in writing that both the dentist and the dental coordinated care network provide the reviewer all information and documentation regarding the disputed claim or claims. The independent reviewer shall request the dentist and dental coordinated care network to identify all information and documentation that have been submitted by the dentist to the dental coordinated care network regarding the disputed claim or claims. Further, the independent reviewer shall advise the dental coordinated care network and the dentist that he will not consider any information or documentation not received within thirty calendar days of receipt of his request or any information submitted by the dentist that was not submitted to the dental coordinated care network as part of the appeal or request for reconsideration.
(b) If a dentist elected to aggregate his claims, the independent reviewer may, upon request, allow for up to an additional thirty days for both the dentist and dental coordinated care network to provide relevant information related to the independent review requests.
(6)(a) If the independent reviewer determines that guidance on an administrative issue from the department is required to make a decision, then the reviewer shall refer the specific issue to the department for review and response unless the department designates a different contact for this function by rule. Administrative issues requiring referral may include the matter of whether a dental benefit is a covered service under the Medicaid program.
(b) The department shall provide a concise response to the request within thirty calendar days after receipt.
(7)(a) Upon receipt of the information requested from the dentist and dental coordinated care network or the lapse of the time period for the dental coordinated care network and dentist to submit information along with receipt of any applicable responses from the department for guidance on an administrative issue, the independent reviewer shall examine all materials submitted and render a decision on the dispute within sixty calendar days. However, the independent reviewer may request in writing an extension of time from the Dental Claims Review Panel to resolve the dispute. If an extension of time is granted by the panel, then the independent reviewer shall provide notice of the extension of time to both the dentist and the dental coordinated care network involved in the dispute.
(b) In reaching a decision, the independent reviewer shall not consider any information or documentation from the dentist that the dentist did not submit to the dental coordinated care network during the dental coordinated care network's review of the dentist's appeal or request for reconsideration of the adverse determination.
(8) Upon rendering a decision, the independent reviewer shall send to the dental coordinated care network, the dentist, and the department a copy of the decision. Once the independent reviewer renders a decision requiring a dental coordinated care network to pay any claim or portion of a claim, then the dental coordinated care network shall send the payment in full along with interest back to the date the claim was originally denied or recouped to the dentist within twenty calendar days of the date of the reviewer's decision.
Acts 2018, No. 284, §1.
A. The department shall produce and submit to the Joint Legislative Committee on the Budget and the House and Senate committees on health and welfare on a quarterly basis a report entitled the "Healthy Louisiana Claims Report" which conforms with the requirements of this Subpart.
B. The quarterly report shall include all of the following data on healthcare provider claims delineated by a Medicaid managed care organization including any dental Medicaid managed care organization and by provider type and shall be separately reported for both acute care and behavioral health claims:
(1) The total number of claims for which there was at least one denial at the service line level, except for hospital inpatient claims which shall be reported by the number of inpatient days paid and number of inpatient days denied.
(2) The total number of claims adjudicated in the reporting period.
(3) The total number of denied claims expressed as a percentage of the total number of claims adjudicated, except for hospital inpatient claims which shall be expressed as a percentage of the hospital inpatient days denied out of the total hospital inpatient days.
(4) The total number of adjusted claims.
(5) The total number of voided claims.
(6) The total number of claims denied as a duplicate claim.
(7) The total number of rejected claims.
(8) The average number of days from receipt of the claim by the managed care organization to the date on which the provider is paid or is notified that no payment will be made.
(9) For each managed care organization, a listing of the top five participating providers with the highest number of total denied claims that includes the number of total denied claims expressed as a ratio to all claims adjudicated. Provider information shall be de-identified.
(10) The total number of denied claims submitted to the managed care organization for reconsideration of the claim denial, excluding a reconsideration conducted pursuant to R.S. 46:460.81 et seq.
(11) The percentage of denied claims submitted to the managed care organization for reconsideration of the claim denial, excluding a reconsideration conducted pursuant to R.S. 46:460.81 et seq., that is overturned by the managed care organization.
(12) The number of denied claims submitted to the managed care organization for appeal of the claim denial.
(13) The percentage of denied claims submitted to the managed care organization for appeal of the claim denial that is overturned by the managed care organization.
(14) The total number of denied claims submitted to the managed care plan for arbitration of the claim denial.
C. The report shall include all of the following data relating to encounters:
(1) The total number of encounters submitted by each Medicaid managed care organization to the state or its designee.
(2) The total number of encounters submitted by each Medicaid managed care organization that are not accepted by the department or its designee.
D. Quarterly reports shall include all of the following information relating to case management delineated by a Medicaid managed care organization:
(1) The total number of individuals identified for case management delineated by all of the following:
(a) The method of identification used by the managed care organization.
(b) The reason identified for case management.
(c) The Louisiana Department of Health region.
(2) The total number of individuals who accepted and enrolled in case management services delineated by all of the following:
(a) The method of identification used by the managed care organization.
(b) The reason identified for case management.
(c) The tier assignment as required by the contract executed by the managed care organization and this state.
(d) The Louisiana Department of Health region.
(3) The total number of individuals identified but not enrolled in case management delineated by all of the following:
(a) Method of identification used by the managed care organization.
(b) The reason identified for case management.
(c) The Louisiana Department of Health region.
(4) The total number of individuals enrolled in case management that are women whose pregnancy has been categorized as high-risk.
(5) The total number of individuals enrolled in case management who have been diagnosed with sickle cell disease.
(6) The total number of individuals enrolled in case management who received specialized behavioral health services.
E. The quarterly reports shall include all of the following information relating to utilization management delineated by Medicaid managed care organizations:
(1) A list of all items and services that require prior authorization.
(2) The percentage of standard prior authorization requests that were approved for all items and services subject to prior authorization categorized by type of service.
(3) The percentage of standard prior authorization requests that were denied for all items and services subject to prior authorization categorized by type of service.
(4) The percentage of standard prior authorization requests that were approved after appeal for all items and services subject to prior authorization categorized by type of service.
(5) The percentage of expedited prior authorization requests that were approved for all items and services subject to prior authorization categorized by type of service.
(6) The percentage of expedited prior authorization requests that were denied for all items and services subject to prior authorization categorized by type of service.
(7) The average and median time that elapsed between the submission of a request and a determination by the managed care organization for standard prior authorizations for all items and services subject to prior authorization categorized by type of service.
(8) The average and median time that elapsed between the submission of a request and a decision by the managed care organization for expedited prior authorizations for all items and services subject to prior authorization categorized by type of service.
Acts 2018, No. 710, §1; Acts 2023, No. 233, §1, eff. Oct. 1, 2023.
Parish governing authorities shall provide for the support of all infirm, sick and disabled paupers residing within the limits of their respective parishes except those who may reside in municipal corporations either exempt or partially exempt from parish taxation. Parish governing authorities shall adopt such measures as they deem just and necessary to ascertain the names, situation and condition of all infirm, sick and disabled paupers in order that they may provide for the entire support of the utterly destitute and helpless and for the partial support or assistance of others, according to their circumstances and condition.
Parish governing authorities may buy or lease a farm or other home for the infirm, sick and disabled paupers residing within their respective parishes, and may make such arrangements and appoint such officials and agents, with such compensation as they may deem necessary for the proper management thereof and to make the farm or home wholly or in part self-sustaining.
If parish governing authorities shall establish any farms or manufactories, or embark in any farming or manufacturing enterprises, to carry out the object of this Part, they shall be regarded and recognized as public works within the meaning of the law.
No parish or parish official shall, at the public expense, support or aid any persons as paupers, except such as are infirm, sick or disabled.
A. The amount to be appropriated as a pauper fund to carry out any and all purposes of this Part, or under any and all other laws on the subject, shall be included in the estimate required to be made by parishes in estimating the taxes and expenditures for the purpose of fixing the amount of taxes to be assessed for the current year, as provided by law.
B. No debt shall be created against the parish beyond the amount appropriated and collected for the purpose with other current parish taxes.
Acts 2018, No. 206, §5.
For the creation of an "alms fund" to care and provide for the poor, indigent and destitute persons of the parishes and cities, the governing authorities of those parishes of the state which contain a city of not less than twenty-five thousand nor more than one hundred thousand inhabitants, shall set aside ten percent of all fines and forfeitures of bonds in criminal cases collected by the district court for violations of the laws of the state and parish, while holding sessions in the parish. The cities having a population of not less than twenty-five thousand nor more than one hundred thousand inhabitants shall likewise set aside ten percent of all fines and forfeitures of bonds given in criminal cases, collected in and by the municipal court, which fines have been assessed for the infractions of municipal ordinances.
The parish governing authority of the parish shall have the control and management of the funds set apart by the parish governing authorities in accordance with this Part.
The city council of the cities shall have the control and management of the funds set apart as provided by this Part.
The governing authority of the parish or city councils of the cities may draw from its treasury the sum to invest it for the account of the "alms fund", in interest bearing bonds of the United States, of the State of Louisiana, and of the bonds paving certificates or approved obligations of the parish or cities having control of the funds.
After the fund set apart by the parish reaches twenty-five thousand dollars, and the fund set apart by the cities reaches twenty-five thousand dollars, the parish and cities shall thereafter no longer continue to set aside the pro rata part of the fines provided for in this Part, but the funds of twenty-five thousand dollars respectively shall be invested as set forth in this Part, and only the yearly interest or revenue shall be expended in carrying out the purpose of this Part.
The governing authority or the city council of the respective parish or city may at any time receive funds or property of any character for the benefit of the alms fund; provided that the sum of twenty-five thousand dollars, which may be received and accumulated, from whatever sources, shall be retained as a permanent fund, the annual income alone being available for the use and purposes set forth in this Part.
The governing authority of the parish, and the city council of the city, may first use or expend the income from the fund so provided for the poor, indigent and destitute of its particular jurisdiction, but in the event all of the annual revenue of the parish arising from the alms fund provided by this Part is not needed in the parish outside of the city, then, if the surplus is needed by the city for its poor, indigent and destitute, the parish shall pay over to the alms fund of the city that portion of its yearly revenue not needed by it during that year, and likewise if the city does not expend all of the revenues during any one year arising from its alms fund provided by this Part, it shall pay over the surplus left over from the year to the alms fund of the parish, if the poor, indigent and destitute of the parish stand in need thereof.
The governing body of the parish and the city council of the city may combine their respective alms fund as a joint affair, and manage and control it in such manner and upon such conditions as the governing body of the parish, and the city council of the city, may agree upon.
The governing body of the parish or the city council of the city, acting separately or together, may in their discretion, select one or more duly incorporated and well recognized charitable associations, which must be non-sectarian, to disburse the revenues arising from the respective alms funds of the parish and city.
Any interest accruing from the funds of the alms funds while on deposit or otherwise, shall constitute a part of the fund.
Parish governing authorities may provide annually in their budget for residents of their respective parishes, who are over fifty years of age, who have had a physical disability from birth, who have never been convicted of any offense in the courts of this state, and who are in destitute and necessitous circumstances.
Acts 2014, No. 811, §24, eff. June 23, 2014.
The parish governing authorities may, when called upon by the proper authorities to do so, pay the actual burial expenses, not to exceed the cost of the service, of all paupers carried on the parochial list of paupers and whose deaths have been caused by natural causes. The state or any municipality or parish may establish a maximum amount which it shall pay for individual burial expenses.
Acts 1987, No. 55, §2, eff. June 8, 1987.
Repealed by Acts 1987, No. 55, §3, eff. June 8, 1987.
Repealed by Acts 2001, No. 1185, §8, eff. July 1, 2001.
Repealed by Acts 2001, No. 1185, §8, eff. July 1, 2001.
Repealed by Acts 2001, No. 1185, §8, eff. July 1, 2001.
Repealed by Acts 2001, No. 1185, §8, eff. July 1, 2001.
Repealed by Acts 2001, No. 1185, §8, eff. July 1, 2001.
Repealed by Acts 2001, No. 1185, §8, eff. July 1, 2001.
Repealed by Acts 2001, No. 1185, §8, eff. July 1, 2001.
Repealed by Acts 2001, No. 1185, §8, eff. July 1, 2001.
Repealed by Acts 2001, No. 1185, §8, eff. July 1, 2001.
Repealed by Acts 2001, No. 1185, §10, eff. July 1, 2002.
Repealed by Acts 2001, No. 1185, §10, eff. July 1, 2002.
Repealed by Acts 2001, No. 1185, §10, eff. July 1, 2002.
Repealed by Acts 1997, No. 1116, §2.
Repealed by Acts 1997, No. 1116, §2.
§§611 to 617 Repealed by Acts 1958, No. 38, §2
§§651 to 663 Repealed by Acts 1958, No. 32, §2; Acts 1958, No. 35, §2; Acts 1958, No. 38, §2
§§663.1, 663.2 Repealed by Acts 1964, No. 170, §10
Repealed by Acts 1958, No. 38, §2
Repealed by Acts 1997, No. 3, §8, eff. July 1, 1997.
Repealed by Acts 1997, No. 3, §8, eff. July 1, 1997.
Repealed by Acts 1997, No. 3, §8, eff. July 1, 1997.
Repealed by Acts 1997, No. 3, §8, eff. July 1, 1997.
Repealed by Acts 1997, No. 3, §8, eff. July 1, 1997.
Repealed by Acts 1997, No. 3, §8, eff. July 1, 1997.
Repealed by Acts 1997, No. 3, §8, eff. July 1, 1997.
Repealed by Acts 1997, No. 3, §8, eff. July 1, 1997.
Repealed by Acts 1997, No. 3, §8, eff. July 1, 1997.
REPEALED BY ACTS 1992, NO. 807, §1.
Repealed by Acts 1997, No. 3, §8, eff. July 1, 1997.
Repealed by Acts 1997, No. 3, §8, eff. July 1, 1997.
Repealed by Acts 1997, No. 3, §8, eff. July 1, 1997.
Repealed by Acts 1997, No. 3, §8, eff. July 1, 1997.
Repealed by Acts 1997, No. 3, §8, eff. July 1, 1997.
Repealed by Acts 1997, No. 3, §8, eff. July 1, 1997.
Repealed by Acts 1997, No. 3, §8, eff. July 1, 1997.
Repealed by Acts 1997, No. 3, §8, eff. July 1, 1997.
Repealed by Acts 1997, No. 3, §8, eff. July 1, 1997.
Repealed by Acts 1997, No. 3, §8, eff. July 1, 1997.
Repealed by Acts 1997, No. 3, §8, eff. July 1, 1997.
Repealed by Acts 1997, No. 3, §8, eff. July 1, 1997.
Repealed by Acts 1997, No. 3, §8, eff. July 1, 1997.
Repealed by Acts 1997, No. 3, §8, eff. July 1, 1997.
Repealed by Acts 1997, No. 3, §8, eff. July 1, 1997.
Repealed by Acts 1997, No. 3, §8, eff. July 1, 1997.
Repealed by Acts 1997, No. 3, §8, eff. July 1, 1997.
Repealed by Acts 1997, No. 3, §8, eff. July 1, 1997.
Repealed by Acts 1997, No. 3, §8, eff. July 1, 1997.
Repealed by Acts 1997, No. 3, §8, eff. July 1, 1997.
Repealed by Acts 1997, No. 3, §8, eff. July 1, 1997.
Repealed by Acts 1997, No. 3, §8, eff. July 1, 1997.
Repealed by Acts 1997, No. 3, §8, eff. July 1, 1997.
Repealed by Acts 1997, No. 3, §8, eff. July 1, 1997.
Repealed by Acts 1997, No. 3, §8, eff. July 1, 1997.
Repealed by Acts 1997, No. 3, §8, eff. July 1, 1997.
Repealed by Acts 2005, No. 487, §2, eff. July 12, 2005.
Repealed by Acts 2005, No. 487, §2, eff. July 12, 2005.
Repealed by Acts 2005, No. 487, §2, eff. July 12, 2005.
Repealed by Acts 2005, No. 487, §2, eff. July 12, 2005.
Repealed by Acts 2001, No. 1183, §3.
§§815 to 818 Repealed by Acts 1958, No. 36, §2
Repealed by Acts 1958, No. 36, §2
§§851 to 856 Repealed by Acts 1958, No. 114, §2
§§891 to 897 Repealed by Acts 1976, No. 470, §3
The superintendents of all charity hospitals and other hospitals having contracts with the State of Louisiana for the care and treatment of indigents, are hereby authorized and directed to furnish to the doctor who refers the patient to such institution, a report on such patient, showing the diagnosis, laboratory and X-ray findings, and treatment prescribed, when such patient is discharged from such institution.
Any funds paid to any graduate of a recognized medical school or college who is serving as an intern or resident at any charity hospital of this state shall be deemed to be stipends granted for the purpose of furthering the education and training of the recipient; provided, however, that no funds in excess of three hundred dollars per month multiplied by the number of months in a taxable year shall be deemed to be a stipend.
Added by Acts 1972, No. 581, §1.
A. Each state-owned and -operated medical acute care hospital in the state shall establish, operate, and maintain a rape crisis treatment services program. The director of the bureau of family health within the Louisiana Department of Health shall be responsible for the coordination of the rape crisis treatment services program in each hospital, including the training of personnel necessary to carry out the provisions of this Section.
B. Each state-owned and -operated medical acute care hospital shall have a rape counselor or a system of rape counseling designed to ensure that the needs of rape victims are met.
C. There shall be assigned to each rape crisis treatment services program a sufficient number of registered staff nurses to assure that a nurse is designated to be on call at all times.
D. A physician on the staff of each hospital shall be designated to be on call to provide rape treatment services on a twenty-four hour basis.
E. The secretary of the Louisiana Department of Health shall promulgate rules and regulations for the provision of rape treatment services in accordance with generally accepted rape treatment practices and the Administrative Procedure Act.
F. Each rape services treatment program shall develop links with other providers of services to rape victims in the community.
Added by Acts 1979, No. 784, §1. Acts 1984, No. 217, §1; Acts 2018, No. 206, §5.
A. Each state-owned and -operated medical acute care hospital in the state shall establish, operate, and maintain an AIDS testing and treatment services program to the extent and level provided by funds appropriated by the legislature.
B. Each state-owned and -operated medical acute care hospital shall have an AIDS counselor or a system of AIDS counseling designed to ensure that the needs of the patient are met.
C. The secretary of the Louisiana Department of Health shall promulgate rules and regulations for the provision of AIDS testing and treatment services in accordance with generally accepted AIDS testing and treatment practices and the Administrative Procedure Act.
D. Each AIDS testing and treatment services program shall develop links with other providers of services to AIDS patients in the community.
Acts 1991, No. 634, §1; Acts 2018, No. 206, §5.
A. The office of Charity Hospital of Louisiana at New Orleans in the Louisiana Department of Health, hereinafter referred to as the office, shall establish and administer a nursing scholarship program for the purpose of increasing the educational opportunities available to nursing students who will practice nursing at Charity Hospital of Louisiana at New Orleans. The office shall award a scholarship to each nursing student studying nursing at the Charity Hospital School of Nursing or at the Louisiana State University School of Nursing, the Southeastern State University School of Nursing, Northwestern State University School of Nursing, Northeast Louisiana University School of Nursing, Louisiana State University at Alexandria School of Nursing, Louisiana State University at Eunice School of Nursing, University of Southwestern Louisiana School of Nursing, or McNeese State University School of Nursing, who contracts to practice nursing as provided in this Part. Each scholarship shall be awarded for the purpose of defraying the costs of tuition and other related expenses and costs for attendance at any of the nursing schools.
B. The program established under the provisions of this Part shall be funded with funds specifically appropriated therefor to the office.
Added by Acts 1981, No. 931, §1.
The amount of each scholarship granted pursuant to this Part shall not exceed three hundred dollars per month for every month of attendance at Charity Hospital School of Nursing or the Louisiana State University School of Nursing, the Southeastern State University School of Nursing, Northwestern State University School of Nursing, Northeast Louisiana University School of Nursing, Louisiana State University at Alexandria School of Nursing, Louisiana State University at Eunice School of Nursing, University of Southwestern Louisiana School of Nursing, or McNeese State University School of Nursing commencing with the junior year of study for a period not to exceed twenty-four months.
Added by Acts 1981, No. 931, §1.
A. Any person who is engaged in the study of nursing at Charity Hospital School of Nursing or the Louisiana State University School of Nursing, the Southeastern State University School of Nursing, Northwestern State University School of Nursing, Northeast Louisiana University School of Nursing, Louisiana State University at Alexandria School of Nursing, Louisiana State University at Eunice School of Nursing, University of Southwestern Louisiana School of Nursing, or McNeese State University School of Nursing and who intends to practice nursing at Charity Hospital of Louisiana at New Orleans shall be eligible to apply to the office for a scholarship in accordance with the provisions of this Part prior to the beginning of his junior year.
B. Each application shall be in writing and in such form as the office may require. It shall contain a written statement of the applicant that he intends to practice nursing at Charity Hospital of Louisiana at New Orleans if he receives a scholarship.
Added by Acts 1981, No. 931, §1.
A. The office shall receive, consider, evaluate, and allow or disallow each application for a scholarship authorized by this Part. The office shall notify each applicant selected to receive a scholarship of his selection and shall also notify the dean of the Charity Hospital School of Nursing or the Louisiana State University School of Nursing, the Southeastern State University School of Nursing, Northwestern State University School of Nursing, Northeast Louisiana University School of Nursing, Louisiana State University at Alexandria School of Nursing, Louisiana State University at Eunice School of Nursing, University of Southwestern Louisiana School of Nursing, or McNeese State University School of Nursing.
B. Funds for the scholarships awarded as herein provided shall be issued by the office to the dean of the Charity Hospital School of Nursing upon the warrant of the assistant secretary of the office of Charity Hospital of Louisiana at New Orleans for the amount fixed in the warrant and shall be payable to the scholarship recipient designated thereon. Said warrant, upon presentation, shall be paid by the appropriate office out of funds appropriated for the purpose.
Added by Acts 1981, No. 931, §1.
Any applicant selected by the office to receive a scholarship shall enter into a contract with the office, which shall be deemed a contract formed within the state of Louisiana, agreeing to the terms and conditions upon which the scholarship shall be granted to the applicant. The contract shall include such terms and provisions as will execute the full purpose and intent of this nursing scholarship program, including the purpose of providing nurses who will practice nursing at Charity Hospital of Louisiana at New Orleans. The form of the contract shall be prepared and approved by the attorney general of this state. The assistant secretary shall sign the contract, and the applicant shall likewise sign it. The office shall preserve and maintain the contract until such time as the terms thereof are met or satisfied; a duplicate copy shall be transmitted to the applicant and to the nursing school.
Added by Acts 1981, No. 931, §1.
A. Within such time after the applicant has completed nursing school, as the office shall provide by regulation, the scholarship recipient shall return to Charity Hospital of Louisiana at New Orleans to practice nursing. The recipient shall remain for a period of two years as consideration for the nursing scholarship awarded.
B. If the recipient fails to comply fully with any condition as provided in this Part, the recipient shall remit to the office that amount which bears the same ratio to the aggregate of the amount of the scholarship awarded as the number of months that the recipient failed to comply with this condition bears to the number of months he was obligated to comply. Said amount shall be computed together with interest at ten percent per annum; such interest to be computed from the date on which the recipient completed nursing training and active military service, if any. Such repayment shall be completed within seven years from the date at which the scholarship began to draw interest. The Louisiana Department of Health shall be authorized to develop a mandatory periodic repayment schedule of not longer than seven years to begin on the date the scholarship was awarded for a recipient who fails to comply fully with any condition as provided in this Part.
C. The permanent withdrawal or dismissal of a recipient from nursing school shall forfeit immediately the right of the recipient to retain the scholarship, the scholarship shall begin to bear interest at that time, and repayment in full shall be made to the office within seven years.
D. Any recipient of a scholarship who fails to return to Charity Hospital of Louisiana at New Orleans upon completion of nursing training shall begin repayment of the scholarship, with interest, within one year after completion of nursing training. Repayment in full shall be made to the appropriate office within seven years.
E. Any obligation to comply with such contract shall be cancelled upon the death of the recipient, upon receipt of a certified copy of the death certificate by the office, or upon the permanent and total disability of the recipient.
F. The appropriate office shall provide by regulation for waiver or suspension of any financial obligation where compliance would involve extreme or unusual hardship.
G. No payment on the principal of the scholarship, or the interest thereon, shall be required while the recipient is enrolled in nursing school.
Added by Acts 1981, No. 931, §1.
A. Upon default of payment of the scholarship as provided herein, the office shall turn the matter over to the attorney general or any parish or district attorney acting for the office for prosecution and suit for the amount due, in the parish of the domicile of the recipient, the parish in which the nursing school is located, or the parish of East Baton Rouge.
B. All transactions pursuant to this Part shall be subject to audit by the legislative auditor.
Added by Acts 1981, No. 931, §1.
An agency of the state to be known as the office of elderly affairs is hereby created and established in the office of the governor. Said office shall exercise the powers and duties hereinafter set forth or otherwise provided by law. The office shall be administered by an executive director, who shall be recommended for appointment by the Louisiana Executive Board on Aging to the governor to serve at his pleasure, subject to confirmation by the Senate. The executive director shall employ necessary staff to carry out the duties and functions of the office as otherwise provided in this Chapter, or as otherwise provided by law.
NOTE: §931 as amended by Acts 2013, No. 384, §5, eff. when one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier.
CHAPTER 7. DEPARTMENT OF ELDERLY AFFAIRS
§931. Creation; personnel
The Department of Elderly Affairs is hereby created. The department shall exercise the powers and duties set forth in this Chapter or otherwise provided by law. The department shall be administered by a secretary, who shall be appointed by the governor, subject to Senate confirmation, from recommendations for appointment by the Louisiana Executive Board on Aging. The secretary shall serve at the pleasure of the governor. The secretary shall employ necessary staff to carry out the duties and functions of the department as otherwise provided in this Chapter, or as otherwise provided by law.
Acts 1979, No. 206, §1, eff. July 6, 1979; Acts 1992, No. 648, §2, eff. July 2, 1992; Acts 2013, No. 384, §5, eff. when one of the 20 executive branch depts. is abolished or a const. amend. authorizing creation of an additional dept. becomes effective, whichever is earlier.
NOTE: Acts 2013, No. 384, §8, eff. July 1, 2013, provides that funds allocated for any purpose under the authority of the Office of Elderly Affairs or its successor, the Dept. of Elderly Affairs, are allocated only to the Office of Elderly Affairs or its successor and are not to be appropriated, allocated, or transferred to any other state department, office, or programs.
NOTE: Intro. para. of §932 eff. until one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier. See Acts 2013, No. 384, §§5 and 9.
The office shall have the following powers and duties:
NOTE: Intro. para. of §932 as amended by Acts 2013, No. 384, §5, eff. when one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier.
The department shall have the following powers and duties:
(1) To administer the Older Americans Act1 and related programs.
(2) To collect facts and statistics and make special studies of conditions pertaining to the employment, health, financial status, recreation, social adjustment, or other conditions affecting the welfare of the aged.
(3) To keep abreast of the latest developments in aging throughout the nation and to interpret such findings to the public.
(4) To provide for a mutual exchange of ideas and information on national, state, and local levels.
(5) To conduct hearings and subpoena witnesses.
(6) To make recommendations to the governor and to the legislature for needed improvements and additional resources to promote the welfare of the aging in the state.
(7) To coordinate the services of all state agencies serving the elderly and require reports from such state agencies and institutions, including carrying out the provisions of R.S. 46:935.
(8) To adopt and promulgate rules and regulations that are deemed necessary to implement the provisions of this Chapter in accordance with the provisions of the Administrative Procedure Act.
(9) To exercise the functions of the state relative to nutrition programs for the citizens of Louisiana who are elderly or have disabilities.
(10) To perform the functions of the state which are designed to meet the social and community needs of Louisiana residents sixty years of age or older, including but not limited to the provision of such comprehensive social programs as homemaker services, home repair and maintenance services, employment and training services, recreational and transportation services, counseling, information and referral services, protective services under R.S. 15:1501 et seq., and health-related outreach; but excluding the transportation program for persons who are elderly or have disabilities administered by the Department of Transportation and Development under Section 16(b)(2) of the Federal Urban Mass Transportation Act of 1964 as amended and other such programs and services assigned to departments of state government as provided in Title 36 of the Louisiana Revised Statutes of 1950.
(11) Repealed by Acts 2001, No. 1185, §10, eff. July 10, 2002.
NOTE: Paragraph (12) eff. until Oct. 1, 2027. See Acts 2025, No. 478.
(12) To administer all federal funds appropriated, allocated, or otherwise made available to the state for services to the elderly, whether by block grant or in any other form, with the exception of funds for programs administered by the Department of Children and Family Services or the Louisiana Department of Health, on August 15, 1995, or the Louisiana Department of Health on October 1, 2025, and to distribute those funds in accordance with and consistent with R.S. 46:936.
NOTE: Paragraph (12) as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
(12) To administer all federal funds appropriated, allocated, or otherwise made available to the state for services to the elderly, whether by block grant or in any other form, with the exception of funds for programs administered by the Department of Children and Family Services or the Louisiana Department of Health, on August 15, 1995, the Louisiana Department of Health on October 1, 2025, or Louisiana Works on October 1, 2027, and to distribute those funds in accordance with and consistent with R.S. 46:936.
(13)(a) To develop a plan on the best method to efficiently coordinate services to all elderly citizens in the state. The plan shall include but not be limited to the following:
(i) Recommendations to meet the long-term care needs of Louisiana residents, including home and community-based services as well as those services delivered in an institutional setting.
(ii) Recommendations on eliminating the duplication of services with other departments and agencies which provide services to the elderly.
(b) The plan shall be developed in consultation and cooperation with private organizations and with other public agencies providing services or funding services for the elderly.
(c) Repealed by Acts 2018, No. 206, §8.
NOTE: Paragraph (14) eff. until one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier. See Acts 2013, No. 384, §§5 and 9.
(14) To approve recommendations from any parish voluntary council on aging prior to the creation of any new state-funded senior center in the state. Recommendations from a parish voluntary council on aging and approval by the office of elderly affairs shall be based on need for a new facility and whether the proposed facility will meet the criteria for a senior center as defined in the policies and regulations established by the office of elderly affairs.
NOTE: Paragraph (14) as amended by Acts 2013, No. 384, §5, eff. when one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier.
(14) To approve recommendations from any parish voluntary council on aging prior to the creation of any new state-funded senior center in the state. Recommendations from a parish voluntary council on aging and approval by the Department of Elderly Affairs shall be based on need for a new facility and whether the proposed facility will meet the criteria for a senior center as defined in the policies and regulations established by the Department of Elderly Affairs.
Acts 1979, No. 206, §1, eff. July 6, 1979. Amended by Acts 1981, Ex.Sess., No. 24, §1, eff. Nov. 19, 1981; 1982, No. 842, §2, eff. Aug. 4, 1982; Acts 1984, No. 520, §2, eff. July 1, 1984; Acts 1987, No. 536, §2; Acts 1992, No. 975, §3, eff. July 7, 1992; Acts 1992, No. 984, §18; Acts 1995, No. 1033, §2, eff. June 29, 1995; Acts 1995, No. 1134, §1, eff. June 29, 1995; Acts 1995, No. 1222, §1; Acts 1997, No. 1182, §1; Acts 2001, No. 1185, §10, eff. July 1, 2002; Acts 2010, No. 861, §20; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2013, No. 384, §5, eff. when one of the 20 executive branch depts. is abolished or a const. amend. authorizing creation of an additional dept. becomes effective, whichever is earlier; Acts 2014, No. 811, §24, eff. June 23, 2014; Acts 2018, No. 206, §§5, 8; Acts 2025, No. 478, §12, eff. Oct. 1, 2025, §13, eff. Oct. 1, 2027.
142 U.S.C.A. §3001 et seq.
NOTE: Subsection A eff. until one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier. See Acts 2013, No. 384, §5.
A. There is hereby established the Louisiana Executive Board on Aging within the office of the governor.
NOTE: Subsection A as amended by Acts 2013, No. 384, §5, eff. when one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier.
A. The Louisiana Executive Board on Aging is established within the Department of Elderly Affairs.
B. The Louisiana Executive Board on Aging, hereafter referred to as "the board", shall consist of fifteen members appointed as follows:
(1) Five members shall be appointed by the president of the Senate, one from each of the five districts of the Public Service Commission.
(2) Five members shall be appointed by the speaker of the House of Representatives, one from each of the five districts of the Public Service Commission.
(3) Five members shall be appointed by the governor, one from each of the five districts of the Public Service Commission. Each appointment by the governor shall be submitted to the Senate for confirmation.
C. Nominations for the board shall be solicited from the Louisiana Association of Councils on Aging, the Louisiana State Medical Society, the Louisiana State Bar Association, the National Association of Social Workers - Louisiana Chapter, the National Association of Black Social Workers - Louisiana Chapter, the American Association of Retired Persons, the Louisiana Association of Business and Industry, the AFL-CIO, the Louisiana Geriatric Education Center, the Louisiana Interchurch Conference, and other entities as appropriate. Appointments shall be made from the lists of names submitted. The persons appointed shall have a recognized interest in and knowledge of the problems of aging and none of the members of the board shall be elected officials or paid employees of the state of Louisiana. Preference shall be given to persons sixty years of age and older.
NOTE: Subsection D eff. until one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier. See Acts 2013, No. 384, §§5 and 9.
D. A person is not eligible for appointment if the person or the person's spouse is either:
(1) Employed by a business entity or other organization regulated by or receiving funds from the governor's office of elderly affairs.
(2) Owns, controls, or has, directly or indirectly, more than a ten percent interest in a business entity or other organization regulated by or receiving funds from the governor's office of elderly affairs.
NOTE: Subsection D as amended by Acts 2013, No. 384, §5, eff. when one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier.
D. A person is not eligible for appointment if the person or the person's spouse either:
(1) Is employed by a business entity or other organization regulated by or receiving funds from the Department of Elderly Affairs.
(2) Owns, controls, or has, directly or indirectly, more than a ten percent interest in a business entity or other organization regulated by or receiving funds from the Department of Elderly Affairs.
E. The terms of office of members of the board shall be five years, except that the appointing authority shall appoint the original members as follows: three members for a term of one year, three members for a term of two years, three members for a term of three years, three members for a term of four years, and three members for a term of five years. Vacancies shall be filled by appointment by the governor only for the remainder of the unexpired terms.
F. The board shall meet and organize immediately after appointment of the members and shall elect from its membership a slate of officers other than chairman, who is to be appointed by the governor. The board shall elect any officers, other than the chairman, it deems necessary, and the duties of such officers shall be those customarily performed by such officers. The board shall meet at least once per quarter of the fiscal year, and as often thereafter as deemed necessary by the chairman. Members shall serve without salary but shall be reimbursed at the established per diem rate for attendance at board and board committee meetings. Members shall be reimbursed for actual travel and other expenses incurred while in the performance of their duties in accordance with the division of administration regulations.
NOTE: Subsection G eff. until one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier. See Acts 2013, No. 384, §§5 and 9.
G. The board may recommend discharge of the executive director. The board shall adopt rules for the transaction of its business and shall keep a record of its resolutions, transactions, findings, and determinations. A majority of members shall constitute a quorum. The office shall provide office and meeting space and staff support for the board.
NOTE: Subsection G as amended by Acts 2013, No. 384, §5, eff. when one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier.
G. The board may recommend to the governor that the secretary be replaced. The board shall adopt rules for the transaction of its business and shall keep a record of its resolutions, transactions, findings, and determinations. A majority of members shall constitute a quorum. The department shall provide office and meeting space and staff support for the board.
Acts 1979, No. 206, §1, eff. July 6, 1979; Acts 1992, No. 648, §2, eff. July 2, 1992; Acts 2013, No. 384, §5, eff. when one of the 20 executive branch depts. is abolished or a const. amend. authorizing creation of an additional dept. becomes effective, whichever is earlier.
NOTE: §934 eff. until one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier. See Acts 2013, No. 384, §§5 and 9.
A. The board shall develop and implement policies and procedures pertaining to the office of elderly affairs and its functions, shall approve matters of policy and all rules and regulations promulgated by the board or the office which pertain to elderly affairs and voluntary parish councils on aging, shall review and make recommendations to the director on matters of general importance and relevance to the planning, monitoring, coordination, and delivery of services to the elderly of the state, and shall prepare and submit an annual report to the legislature and to the governor sixty days prior to the legislative session.
B. The board shall adopt rules governing the functions of the office, including rules that prescribe the policies and procedures followed by the board and the office in the administration of its programs, all in accordance with the Administrative Procedure Act.
C. The board by rule or its order may delegate any portion of its rights, powers, and duties to the executive director.
NOTE: §934 as amended by Acts 2013, No. 384, §5, eff. when one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier.
A. The board shall develop and implement policies and procedures pertaining to the Department of Elderly Affairs and its functions, shall approve matters of policy and all rules and regulations promulgated by the board or the department that pertain to elderly affairs and voluntary parish councils on aging, shall review and make recommendations to the secretary on matters of general importance and relevance to the planning, monitoring, coordination, and delivery of services to the elderly of the state, and shall prepare and submit an annual report to the legislature and to the governor sixty days prior to the legislative session.
B. The board shall adopt rules governing the functions of the department, including rules that prescribe the policies and procedures followed by the board and the department in the administration of its programs, all in accordance with the Administrative Procedure Act. The rules adopted by the board for the Office of Elderly Affairs in effect on the effective date of this Subsection shall remain in effect and shall be applicable to the board and the Department of Elderly Affairs and such rules shall remain in effect subject to their own provisions until changed as provided in this Subsection.
C. The board by rule or its order may delegate any portion of its rights, powers, and duties to the secretary of the department.
Acts 1979, No. 206, §1, eff. July 6, 1979. Amended by Acts 1981, No. 867, §1; Acts 1992, No. 648, §2, eff. July 2, 1992; Acts 2013, No. 384, §5, when one of the 20 executive branch depts. is abolished or a const. amend. authorizing creation of an additional dept. becomes effective, whichever is earlier.
NOTE: Subsection A eff. until one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier. See Acts 2013, No. 384, §§5 and 9.
A. Any state agency or department proposing to establish, modify, or expand programs or services for the elderly of the state shall consult with the director of the office, who shall consult and coordinate a response with the parish voluntary councils on the aging as appropriate.
NOTE: Subsection A as amended by Acts 2013, No. 384, §5, eff. when one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier.
A. Any state agency or department proposing to establish, modify, or expand programs or services for the elderly of the state shall consult with the secretary of the department, who shall consult and coordinate a response with the parish voluntary councils on the aging as appropriate.
NOTE: Subsection B(intro. para.) eff. until one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier. See Acts 2013, No. 384, §§5 and 9.
B. The office shall review and report upon all such proposals submitted to it and shall comment as to the following:
NOTE: Subsection B(intro. para.) as amended by Acts 2013, No. 384, §5, eff. when one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier.
B. The department shall review and report upon all such proposals submitted to it and shall comment as to the following:
(1) The relationship and impact of the proposal on existing programs affecting the elderly.
(2) The impact of any proposed legislation, regulation, or order upon the elderly.
(3) Recommendations as to (a) the desirability of the proposal and (b) modifications that would enhance the positive impact of the proposal upon the elderly or aid in the implementation of the proposal.
NOTE: Subsection C eff. until one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier. See Acts 2013, No. 384, §§5 and 9.
C. All state agencies administering programs or implementing policies which affect the health or well-being of the elderly shall cooperate with the office in carrying out these responsibilities.
NOTE: Subsection C as amended by Acts 2013, No. 384, §5, eff. when one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier.
C. All state agencies administering programs or implementing policies which affect the health or well-being of the elderly shall cooperate with the department in carrying out these responsibilities.
Added by Acts 1982, No. 842, §2, eff. Aug. 4, 1982; Acts 2013, No. 384, §5, eff. when one of the 20 executive branch depts. is abolished or a const. amend. authorizing creation of an additional dept. becomes effective, whichever is earlier.
A. It is the intention of the legislature that, insofar as is practical and consistent with the efficient administration of state government, programs and services for the elderly population of Louisiana, with the exception of any program administered by the Department of Children and Family Services or the Louisiana Department of Health on August 15, 1995, or the Louisiana Department of Health on October 1, 2025, shall eventually be consolidated within the office of elderly affairs, to be administered at the local level by the sixty-four parish voluntary councils on aging.
B. It is further the intention of the legislature that the office of elderly affairs administer all federal funds appropriated, allocated, or otherwise made available to the state for services to the elderly, whether by block grant or in any other form, with the exception of funds for programs administered by the Department of Children and Family Services or the Louisiana Department of Health on August 15, 1995, or the Louisiana Department of Health on October 1, 2025. The office of elderly affairs shall distribute such funds in accordance with appropriate state and federal requirements and consistent with this Section.
NOTE: §936 as amended by Acts 2025, No. 478, §13, eff. Oct. 1, 2027.
§936. Statement of intent
A. It is the intention of the legislature that, insofar as is practical and consistent with the efficient administration of state government, programs and services for the elderly population of Louisiana, with the exception of any program administered by the Department of Children and Family Services or the Louisiana Department of Health on August 15, 1995, the Louisiana Department of Health on October 1, 2025, or Louisiana Works on October 1, 2027, shall eventually be consolidated within the office of elderly affairs, to be administered at the local level by the sixty-four parish voluntary councils on aging.
B. It is further the intention of the legislature that the office of elderly affairs administer all federal funds appropriated, allocated, or otherwise made available to the state for services to the elderly, whether by block grant or in any other form, with the exception of funds for programs administered by the Department of Children and Family Services or the Louisiana Department of Health on August 15, 1995, the Louisiana Department of Health on October 1, 2025, or Louisiana Works on October 1, 2027. The office of elderly affairs shall distribute such funds in accordance with appropriate state and federal requirements and consistent with this Section.
NOTE: §936 as amended by Acts 2013, No. 384, §5, eff. when one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier. See Acts 2025, No. 478, §14.
§936. Statement of intent
A. It is the intention of the legislature that, insofar as is practical and consistent with the efficient administration of state government, programs and services for the elderly population of Louisiana, with the exception of any program administered by the Department of Children and Family Services or the Louisiana Department of Health on August 15, 1995, the Louisiana Department of Health on October 1, 2025, or Louisiana Works on October 1, 2027, shall eventually be consolidated within the Department of Elderly Affairs, to be administered at the local level by the sixty-four parish voluntary councils on aging.
B. It is further the intention of the legislature that the Department of Elderly Affairs administer all federal funds appropriated, allocated, or otherwise made available to the state for services to the elderly, whether by block grant or in any other form, with the exception of funds for programs administered by the Department of Children and Family Services or the Louisiana Department of Health on August 15, 1995, the Louisiana Department of Health on October 1, 2025, or Louisiana Works on October 1, 2027. The Department of Elderly Affairs shall distribute such funds in accordance with appropriate state and federal requirements and consistent with this Section.
Acts 1995, No. 1222, §1; Acts 2013, No. 384, §5, eff. when one of the 20 executive branch depts. is abolished or a const. amend. authorizing creation of an additional dept. becomes effective, whichever is earlier; Acts 2018, No. 206, §5; Acts 2025, No. 478, §12, eff. Oct. 1, 2025, §13, eff. Oct. 1, 2027, §14, eff. See Act.
NOTE: §937 eff. until one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier. See Acts 2013, No. 384, §§5 and 9.
A. The office of elderly affairs shall create the frail elderly program which shall provide home and community services to persons sixty years of age or older who have some degree of functional impairment in areas serviced by a participating voluntary council on aging. Such impairment shall be determined by the comprehensive assessment conducted in accordance with rules and regulations promulgated by the office.
B. In areas serviced by a voluntary council on aging which agrees to participate, the program shall be administered by the council, subject to the rules and regulations promulgated by the office.
NOTE: §937 as amended by Acts 2013, No. 384, §5, eff. when one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier.
A. The Department of Elderly Affairs shall create the frail elderly program which shall provide home and community services to persons sixty years of age or older who have some degree of functional impairment in areas serviced by a participating voluntary council on aging. Such impairment shall be determined by the comprehensive assessment conducted in accordance with rules and regulations promulgated by the department.
B. In areas serviced by a voluntary council on aging which agrees to participate, the program shall be administered by the council, subject to the rules and regulations promulgated by the department.
Acts 1992, No. 358, §1, eff. June 17, 1992; Acts 2013, No. 384, §5, eff. when one of the 20 executive branch depts. is abolished or a const. amend. authorizing creation of an additional dept. becomes effective, whichever is earlier.
NOTE: Subsection A eff. until one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier. See Acts 2013, No. 384, §§5 and 9.
A. Eligibility for this program shall be initially determined on the basis of the comprehensive assessment required by R.S. 46:937. No person shall receive services under this program without such services being authorized on the basis of the comprehensive assessment results.
NOTE: Subsection A as amended by Acts 2013, No. 384, §5, eff. when one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier.
A. Eligibility for the frail elderly program shall be initially determined on the basis of the comprehensive assessment required by R.S. 46:937. No person shall receive services under this program without such services being authorized on the basis of the comprehensive assessment results.
NOTE: Paragraph (B)(1) eff. until one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier. See Acts 2013, No. 384, §§5 and 9.
B.(1) Services to be provided under this program shall be limited to those services provided in the person's home or those services intended to maintain the person's ability to live at home. These shall include but need not be limited to the social, nutrition, and support services currently provided by the councils on aging, such as home-delivered meals, respite care, homemaker services, and chore assistance.
NOTE: Paragraph (B)(1) as amended by Acts 2013, No. 384, §5, eff. when one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier.
B.(1) Services to be provided under the frail elderly program shall be limited to those services provided in the person's home or those services intended to maintain the person's ability to live at home. These shall include but need not be limited to the social, nutrition, and support services currently provided by the councils on aging, such as home-delivered meals, respite care, homemaker services, and chore assistance.
(2) The program shall also include minor home repairs and routine maintenance. Minor home repairs and routine maintenance shall be limited to those repairs and maintenance items performed at no charge that do not require a building permit and which are intended to maintain the person's ability to live at home as well as to provide for the person's comfort and safety. Any persons providing minor home repair or routine maintenance services through this program shall not be subject to any applicable state licensing laws unless such persons are performing plumbing repairs. Any person performing plumbing repairs shall either possess a valid license to perform such repairs or furnish proof that he previously possessed such license and the license was not revoked or suspended for cause. However, all repair work must be performed in accordance with applicable building codes.
NOTE: Paragraph (B)(3) eff. until one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier. See Acts 2013, No. 384, §§5 and 9.
(3) All other services provided through this program shall be subject to any applicable state licensing laws and to such service standards as may be promulgated by the office.
NOTE: Paragraph (B)(3) as amended by Acts 2013, No. 384, §5, eff. when one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier.
(3) All other services provided through the frail elderly program shall be subject to any applicable state licensing laws and to such service standards as may be promulgated by the department.
C.(1) Participating voluntary councils on aging may establish a referral service for home repair and maintenance work. Such referral service shall provide the names of reputable, licensed contractors and repairmen who are willing to provide repair services for a fee. The council and any director or employee shall be immune from any civil liability that might otherwise be incurred or imposed as a result of a referral of a particular contractor absent willful and wanton misconduct.
(2) Participating voluntary councils on aging may recruit and coordinate volunteers to provide minor home repair and maintenance services as described in Subsection B of this Section which do not require the use of a licensed technician or a building permit.
Acts 1992, No. 358, §1, eff. June 17, 1992; Acts 1995, No. 1134, §1, eff. June 29, 1995; Acts 2013, No. 384, §5, eff. when one of the 20 executive branch depts. is abolished or a const. amend. authorizing creation of an additional dept. becomes effective, whichever is earlier.
NOTE: §937.2 eff. until one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier. See Acts 2013, No. 384, §§5 and 9.
Funding for this program shall be provided by:
(1) That portion of appropriations from the state general fund to the parish voluntary councils on aging not needed to match the federal Older Americans Act or other matching fund programs. In January of each year, the office shall certify to the legislature and to the councils on aging the amount of funds available under this program.
(2) Persons eligible for the program shall be assessed an appropriate fee on a sliding scale based upon the person's ability to pay. The fee scale shall be established by the office by regulation and shall provide a minimum income level below which no fee shall be assessed. Fees collected pursuant to this program shall be maintained separate from other funds and shall be used only for the purposes of increasing the provision of any of the services allowed under this program to eligible persons.
NOTE: §937.2 as amended by Acts 2013, No. 384, §5, eff. when one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier.
Funding for the frail elderly program shall be provided by:
(1) That portion of appropriations from the state general fund to the parish voluntary councils on aging not needed to match the federal Older Americans Act or other matching fund programs. In January of each year, the department shall certify to the legislature and to the councils on aging the amount of funds available under this program.
(2) Persons eligible for the program shall be assessed an appropriate fee on a sliding scale based upon the person's ability to pay. The fee scale shall be established by the department by regulation and shall provide a minimum income level below which no fee shall be assessed. Fees collected pursuant to this program shall be maintained separate from other funds and shall be used only for the purposes of increasing the provision of any of the services allowed under this program to eligible persons.
Acts 1992, No. 358, §1, eff. June 17, 1992; Acts 2013, No. 384, §5, eff. when one of the 20 executive branch depts. is abolished or a const. amend. authorizing creation of an additional dept. becomes effective, whichever is earlier.
NOTE: §937.3 eff. until one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier. See Acts 2013, No. 384, §§5 and 9.
A. The office shall adopt rules and regulations necessary to administer this program in accordance with the Administrative Procedure Act. Such rules and regulations shall be promulgated in order to allow for the program to begin operation no later than July, 1993.
B. The office shall establish reimbursement rates for each service provided under this program.
C. The office shall report annually to the legislature on the implementation of the program. The first report shall be delivered to the legislature no later than thirty days prior to the 1994 Regular Session and shall include the office's assessment of the feasibility of the program and any recommendations as to whether the program should be continued, expanded, or discontinued.
NOTE: §937.3 as amended by Acts 2013, No. 384, §5, eff. when one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier.
§937.3. Duties of the department; reimbursement
A. The department shall adopt rules and regulations necessary to administer the frail elderly program in accordance with the Administrative Procedure Act. Such rules and regulations shall be promulgated in order to allow for the program to begin operation no later than July, 1993.
B. The department shall establish reimbursement rates for each service provided under this program.
C. The department shall report annually to the legislature on the implementation of the program. The first report shall be delivered to the legislature no later than thirty days prior to the 1994 Regular Session and shall include the office's assessment of the feasibility of the program and any recommendations as to whether the program should be continued, expanded, or discontinued.
Acts 1992, No. 358, §1, eff. June 17, 1992; Acts 2013, No. 384, §5, eff. when one of the 20 executive branch depts. is abolished or a const. amend. authorizing creation of an additional dept. becomes effective, whichever is earlier.
NOTE: §938 eff. until one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier. See Acts 2013, No. 384, §§5 and 9.
A. The office of elderly affairs shall establish a computer-based volunteer service credit program under which persons may volunteer their services to provide respite care, homemaker care, home repair and maintenance services as provided by R.S. 46:937.1(B) and (C), or related services to persons sixty years of age or older who are determined by the office to need such care. Volunteer participants in this program shall receive credit for providing the volunteer services, which credit may then be drawn upon when volunteers or their spouses are determined by the office to need services included in the volunteer service credit program.
B. The office shall establish a computer-based volunteer skills bank which shall include a registry of names, skills, and interests of persons earning service credits, an accounting system necessary to track service credits earned by each volunteer, and the capacity to provide each volunteer with monthly balances of credits earned and credits expended.
C. To the extent possible, the office shall recruit and train a sufficient number of volunteers to assure the availability of volunteers to meet the needs of persons who have service credits and who need to draw on their accounts. The office shall also develop a contingency plan for using the staff and programs of the office to ensure that services are available in return for credit in the event no appropriate volunteer is available. The contingency plan shall be incorporated into rules adopted pursuant to the provisions of this Section.
D. The office shall adopt rules necessary to administer the program, which shall include standards to screen and train participants and to limit the number of hours of credit which may be accumulated by each volunteer.
E. The office shall coordinate this program with the parish councils on aging and other existing volunteer programs where feasible.
F. The office shall report annually to the legislature on the implementation of the program. The report shall include the number of volunteer participants, the number of credited hours of service, all costs associated with the program, any recommendations for program modifications, and any other information relevant to program effectiveness. The first annual report shall be delivered to the legislature no later than thirty days prior to the 1988 Regular Session and shall include the office's assessment of the feasibility of the program and any recommendations as to whether the program should be continued, expanded, or discontinued.
NOTE: §938 as amended by Acts 2013, No. 384, §5, eff. when one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier.
A. The Department of Elderly Affairs shall establish a computer-based volunteer service credit program under which persons may volunteer their services to provide respite care, homemaker care, home repair, and maintenance services as provided by R.S. 46:937.1(B) and (C), or related services to persons sixty years of age or older who are determined by the department to need such care. Volunteer participants in this program shall receive credit for providing the volunteer services, which credit may then be drawn upon when volunteers or their spouses are determined by the department to need services included in the volunteer service credit program.
B. The department shall establish a computer-based volunteer skills bank which shall include a registry of names, skills, and interests of persons earning service credits, an accounting system necessary to track service credits earned by each volunteer, and the capacity to provide each volunteer with monthly balances of credits earned and credits expended.
C. To the extent possible, the department shall recruit and train a sufficient number of volunteers to assure the availability of volunteers to meet the needs of persons who have service credits and who need to draw on their accounts. The department shall also develop a contingency plan for using the staff and programs of the department to ensure that services are available in return for credit in the event no appropriate volunteer is available. The contingency plan shall be incorporated into rules adopted pursuant to the provisions of this Section.
D. The department shall adopt rules necessary to administer the program, which shall include standards to screen and train participants and to limit the number of hours of credit which may be accumulated by each volunteer.
E. The department shall coordinate this program with the parish councils on aging and other existing volunteer programs where feasible.
F. The department shall report annually to the legislature on the implementation of the program. The report shall include the number of volunteer participants, the number of credited hours of service, all costs associated with the program, any recommendations for program modifications, and any other information relevant to program effectiveness. The first annual report shall be delivered to the legislature no later than thirty days prior to the 1988 Regular Session and shall include the office's assessment of the feasibility of the program and any recommendations as to whether the program should be continued, expanded, or discontinued.
Acts 1986, No. 623, §1; Acts 1995, No. 1134, §1, eff. June 29, 1995; Acts 2013, No. 384, §5, eff. when one of the 20 executive branch depts. is abolished or a const. amend. authorizing creation of an additional dept. becomes effective, whichever is earlier.
In order to extend and improve services for promoting the health of mothers and children in this state, the Louisiana Department of Health shall be the agency of the state of Louisiana to administer those parts of the federal Social Security Act or any amendments thereto, relating to maternal and child health services, and to receive and expend federal moneys for those services.
Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 2007, No. 407, §2, eff. July 10, 2007.
A. The Louisiana Department of Health may establish a state plan for maternal and child health services and enter any orders and make any rules and regulations which are necessary to carry the plan into effect.
B. The plan shall:
(1) Provide for financial participation by the state.
(2) Provide for the administration of the plan or the supervision of the administration of the plan by the department.
(3) Provide the methods of administration which are necessary for the efficient operation of the plan.
(4) Provide that the department will make such reports in the form and containing the information which the secretary of labor of the United States requires, and that the department will comply with the provisions which the secretary of labor finds necessary to assure the correctness and verification of the reports.
(5) Provide for the extension and improvement of local maternal and child health services administered by local health units.
(6) Provide for cooperation with medical, nursing, and welfare groups and organizations.
(7) Provide for the development of demonstration services in needy areas and among groups in special need.
C. This plan may contain any other provisions necessary to carry out the purpose of this Chapter.
Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 2018, No. 206, §5.
A.(1) The Louisiana Pregnancy and Baby Care Initiative is hereby created, within the Department of Children and Family Services, to act as a statewide social service program to enhance and increase resources that promote childbirth instead of abortion for women facing unplanned pregnancies and to offer a full range of services, including pregnancy support services, parenting help, and adoption assistance.
(2) The department shall implement a program by contracting with a single nonprofit organization to serve as general contractor to manage the provision of services under the Louisiana Pregnancy and Baby Care Initiative. The general contractor shall subcontract on a fee-for-service basis with existing nonprofit pregnancy centers, adoption agencies, maternity homes, and social service organizations to provide services that promote childbirth instead of abortion. The general contractor shall not provide any direct client services. The department shall impose no other requirements on the Louisiana Pregnancy and Baby Care Initiative general contractor except those contained in this Section and in its standard terms and conditions.
(3) The general contractor selected by the department shall include as part of its program budget marketing expenses to make Louisiana residents aware of the Louisiana Pregnancy and Baby Care Initiative's services, as well as funds to develop and promote a website that provides a geographically indexed list of available nonprofit subcontractors that provide services.
B.(1) The program established by the Louisiana Pregnancy and Baby Care Initiative shall provide only the following services:
(a) Counseling or mentoring intended to improve the pregnancy or parenting situation, including care coordination for prenatal services, providing educational materials and information about pregnancy and parenting.
(b) Referrals intended to improve the pregnancy or parenting situation, including referrals to parish and social service programs; referrals for child care, transportation, housing, and state and federal benefit programs; and referrals that connect clients to health programs.
(c) Classes intended to improve the pregnancy or parenting situation, including classes on life skills, healthy pregnancies, budgeting, parenting, stress management, job training, and job placement.
(d) Material items intended to improve the pregnancy or parenting situation, including but not limited to car seats, cribs, maternity clothes, infant diapers, and formula.
(2) Program subcontractors may provide services in addition to the services provided for in this Subsection, but the services shall not be funded through the Louisiana Pregnancy and Baby Care Initiative.
(3) The provision and delivery of services under the program shall be dependent on participant needs, as assessed by the nonprofit organization providing the services and not otherwise prioritized by any state agency.
C.(1) Program services shall be made available to any Louisiana resident who is:
(a) A pregnant woman.
(b) The biological father of an unborn child.
(c) The biological or adoptive parent or legal guardian of a child thirty-six months of age or younger.
(d) A program participant who has experienced the loss of a child.
(e) An immediate family member of a current biological parent who is a program participant.
(2) Program services shall be available to participants only during pregnancy and continuing for up to thirty-six months after birth of the child.
D. The department shall include as a condition of the contract with the nonprofit organization selected as general contractor to provide program services that the nonprofit organization shall submit a report to the department on or before seventy-five days after the close of the state fiscal year, reporting on the administration of the program during the prior fiscal year. The report shall include all of the following:
(1) The number of clients served by the program.
(2) The number of clients who received counseling or mentoring and the amount of counseling or mentoring received.
(3) The number of clients who received classes and the amount of classes received.
(4) The number of clients who received referrals and the amount of referrals received.
(5) The number of clients who received material items and the amount of material items received.
(6) Any other information that shows the success of the contractor's administration of the program.
E.(1) The Louisiana Pregnancy and Baby Care Initiative shall be implemented effective August 1, 2024. The Louisiana Pregnancy and Baby Care Initiative shall replace the Louisiana Alternatives to Abortion Program administered by the department. The Louisiana Pregnancy and Baby Care Initiative shall be funded in a separate line-item of the General Appropriations Act or receive all funds appropriated for the Louisiana Alternatives to Abortion Program.
(2) The department shall ensure that contracts with providers of the Louisiana Alternatives to Abortion Program in effect prior to August 1, 2024, remain under contract during the transition provided for in Paragraph (1) of this Subsection.
(3) The Louisiana Pregnancy and Baby Care Initiative and any funds appropriated or expended therefor shall not be used to perform, induce, or assist in the performing or inducing of abortions or be used to promote abortions or refer for abortions, and funds appropriated or expended for the program shall not be provided to organizations or affiliates of organizations that perform or induce abortions, assist in the performing or inducing of abortions, or promote abortions or refer for abortions.
F. The department shall promulgate all rules and regulations necessary to implement the provisions of this Section. The rules shall include but not be limited to appropriate oversight provisions and penalties for failure to achieve program objectives as provided for in this Section, measures to ensure the clinical efficacy and financial viability of the program, and benchmarks to achieve best practice outcomes. The department shall report annually to the legislature on the status of the program.
Acts 2024, No. 329, §1, eff. May 28, 2024.
The office of public health, Louisiana Department of Health, shall provide a special program of preventive, health, and medical care and health education services for adolescents that concentrates on adolescent pregnancy and pregnancy prevention. The program required by this Section shall include services necessary to prevent or reduce the occurrence of maternal, fetal, and infant deaths, low birth-weight infants, handicapping conditions, unplanned adolescent pregnancies, and births without appropriate intrapartum care.
Acts 1990, No. 731, §1.
A. The Louisiana Department of Health, office of public health, shall coordinate and utilize where practicable the educational, health, and supportive services adopted by the adolescent pregnancy and pregnancy prevention program, pursuant to R.S. 46:973.
B. The department shall maintain a toll free telephone number accessible throughout the state and publish information as to its availability, to advise pregnant women on the existence and availability of counseling services under this program.
C. The department is authorized to adopt all regulations deemed necessary in order to effectuate the provisions of this Chapter.
Acts 1990, No. 731, §1.
A. The office of public health, Louisiana Department of Health, shall provide a special program of preventive, health, and medical care for women, who otherwise qualify by law, that concentrates on cancer prevention in women. The program required by this Section shall include services necessary to prevent or reduce the occurrence of female cancer by providing minimum mammogram examination and minimum pap smear examination under the following circumstances, subject to available funding derived from any available source.
B. In this Section, "minimum mammography examination" means mammographic examinations, including but not limited to digital breast tomosynthesis, performed no less frequently than the following schedule provides:
(1) One baseline mammogram for any person who is thirty-five through thirty-nine years of age.
(2) One mammogram every twenty-four months for any person who is forty through forty-nine years of age, or more frequently if recommended by her physician.
(3) One mammogram every twelve months for any person who is fifty years of age or older.
C.(1) In this Section, "minimum mammography examination" means an examination, including but not limited to digital breast tomosynthesis, performed routinely according to age requirements as set forth by department regulations, or performed no less frequently than required by the treating physician.
(2) A healthcare facility may advertise and be recognized as accredited if the facility has successfully completed the established dose and image criteria, has been accredited for a three-year period by the American College of Radiology, and maintains current accreditation. Upon receiving accreditation from the American College of Radiology, the identifying certificate issued shall be displayed in a prominent place at the facility.
D. In this Section, "digital breast tomosynthesis" means a radiologic procedure that involves the acquisition of projection images over the stationary breast to produce cross-sectional digital three-dimensional images of the breast.
E. The department shall adopt all regulations deemed necessary in order to effectuate the provisions of this Section.
Acts 1991, No. 969, §1; Acts 1992, No. 359, §1; Acts 2018, No. 206, §5; Acts 2018, No. 494, §3, eff. Jan. 1, 2019.
A. The annual preventive cancer screening provided for in R.S. 22:1077.1 shall be a covered service in the medical assistance program.
B. For the purposes of this Section, "medical assistance program" means the medical assistance program provided for in Title XIX of the Social Security Act as administered by the Louisiana Department of Health.
Acts 2018, No. 461, §2, eff. Jan. 1, 2019.
A. The minimum mammography examination for women age forty or older as provided for in R.S. 22:1028 shall be a covered service in the medical assistance program.
B. For the purposes of this Section, "medical assistance program" means the medical assistance program provided for in Title XIX of the Social Security Act as administered by the Louisiana Department of Health.
Acts 2018, No. 494, §3, eff. Jan. 1, 2019.
A. In accordance with the authority granted the Louisiana Department of Health pursuant to R.S. 36:254(A)(6) and (D)(1)(a)(i) and pursuant to the restrictions contained in Subsection B of this Section, the department shall avail itself of federal funding under the Children's Health Insurance Program (Title XXI of the Social Security Act) only if the following criteria are met:
(1) If sufficient funds are appropriated, at a minimum, the department shall grant a reasonable fee increase of at least ten percent for physician's reimbursement codes 99212, 99213, and 99214. The department shall investigate the need for other adjustments to physician's reimbursement codes in order to increase the number of participating providers serving the Medicaid population.
(2) The department shall make recommendations to the legislature in regard to policy issues involved in reducing the number of primary care health professional shortage areas in the state.
(3) The department shall take the following steps to simplify the enrollment process for children:
(a) Significantly reduce the size of the application form for children who seek to qualify for Medicaid on the basis of family income level.
(b) Distribute the application form at various strategic locations, including but not limited to hospitals and other health facilities.
(c) Distribute information as to how to apply for Medicaid services and where to obtain an application form at various strategic locations, including but not limited to healthcare facilities, schools, community centers, churches, and grocery stores.
(d) Authorize an application to be mailed to the department.
(4) The department shall authorize one-year continuous eligibility for children, birth until age nineteen, in accordance with federal guidelines.
(5)(a) The department shall expand Medicaid eligibility for children, birth until age nineteen, in families whose income does not exceed one hundred thirty-three percent of the applicable federal poverty guideline as published in the Federal Register by the United States Department of Health and Human Services.
(b) After July 1, 1999, the department shall expand Medicaid eligibility for children, birth until age nineteen, in families whose income does not exceed one hundred fifty percent of the applicable federal poverty guideline as published in the Federal Register by the United States Department of Health and Human Services.
(c) After July 1, 2000, the department shall expand eligibility for children, birth until age nineteen, in families whose income does not exceed two hundred percent of the applicable federal poverty guideline as published in the Federal Register by the United States Department of Health and Human Services.
(d)(i) After July 1, 2001, the department shall apply to the Centers for Medicare and Medicaid Services, United States Department of Health and Human Services, for authority to implement appropriate waivers or demonstration projects to expand eligibility under the Children's Health Insurance Program for parents of children who are enrolled in the state's Children's Health Insurance Program or Medicaid whose family income does not exceed one hundred percent of the applicable federal poverty guideline as published in the Federal Register by the United States Department of Health and Human Services, and for pregnant women whose family income is greater than one hundred eighty-five percent of the applicable federal poverty guideline but does not exceed two hundred percent of the applicable federal poverty guideline.
(ii) As used in this Subparagraph, the term "parent" shall mean the child's mother and legal father with whom the child resides and who exercise daily responsibility for care and control of the child, and shall include adoptive parents who have been legally granted a decree of adoption, but shall not include step-parents or parents who share custody but do not reside with the child the majority of the time.
(iii) However, the provisions of this Subparagraph shall not be implemented by the department until such time as funding and performance standards, including a specified target for enrollment, for the program are specifically provided for in the General Appropriation Act for any fiscal year. The date for such implementation shall be as provided by the General Appropriation Act, or if no date is specified, no later than the first day of January in the fiscal year for which the appropriation is made, contingent upon approval of the waivers or demonstration projects by the Centers for Medicare and Medicaid Services, United States Department of Health and Human Services. In addition, the initial implementation of this Subparagraph shall be contingent upon approval of an implementation plan containing cost projections for at least three years which shall be submitted by the department to the Senate Committee on Health and Welfare, the House Committee on Health and Welfare, and the Joint Legislative Committee on the Budget.
B.(1)(a) Subparagraph (A)(5)(a) of this Section shall not be implemented by the department unless funding and performance standards, including a specified target for enrollment, for the state's Children's Health Insurance Program, hereafter referred to as "LaCHIP", are specifically included in the General Appropriation Act enacted during the 1998 Regular Session of the Louisiana Legislature. The department shall implement LaCHIP on the date set forth in the General Appropriation Act or if no date is specified, no later than October 1, 1998.
(b) Subparagraph (A)(5)(b) of this Section shall not be implemented by the department unless funding and performance standards, including a specified target for enrollment, for the program are specifically included in the General Appropriation Act enacted during the 1999 Regular Session of the Louisiana Legislature. The department shall implement Subparagraph (A)(5)(b) of this Section on the date set forth in the General Appropriation Act enacted during the 1999 Regular Session of the Louisiana Legislature or, if no date is specified, not later than October 1, 1999.
(c) Subparagraph (A)(5)(c) of this Section shall not be implemented by the department unless funding and performance standards, including a specified target for enrollment, for the program are specifically included in the General Appropriation Act enacted during the 2000 Regular Session of the Louisiana Legislature. The department shall implement Subparagraph (A)(5)(c) of this Section on the date set forth in the General Appropriation Act enacted during the 2000 Regular Session of the Louisiana Legislature or, if no date is specified, not later than October 1, 2000. The Senate Committee on Health and Welfare, the Senate Committee on Finance, the House Committee on Health and Welfare, and the House Committee on Appropriations, in consultation with the department, the Department of Insurance, and the Louisiana Children's Health Insurance Program Task Force shall determine whether Subparagraph (A)(5)(c) of this Section shall be implemented through an expansion of Medicaid eligibility or through the use of a private health insurance model.
(2) No later than December 1, 1999, the department shall establish an interagency agreement with the Department of Insurance regarding the Department of Insurance's responsibilities should a private health insurance model be included under the Louisiana Children's Health Insurance Program. The interagency agreement shall include at a minimum, the following:
(a) A provision authorizing the Department of Insurance to administer all regulatory requirements related to insurance companies who participate in the private insurance model as it relates to LaCHIP.
(b) A provision authorizing the Department of Insurance to develop the necessary criteria for participation by insurance companies in the private insurance model in accordance with state and federal insurance laws and regulations.
(c) A provision authorizing the Department of Insurance to establish an insurance credentialing process for use in the private insurance model.
(d) A provision authorizing the Department of Insurance to create the necessary monitoring procedures for insurance companies and administer them.
(e) A provision authorizing the Department of Insurance to administer sanctions against insurance companies who are found to be in violation of any state and federal insurance laws and regulations.
(f) A provision authorizing the Department of Insurance to administer a statewide standardized grievance and appeals process for the private insurance model.
(g) A provision authorizing the Department of Insurance to review and provide oversight in any grievance procedure between the insurance company and the applicants and participants in the private insurance model.
(3) Any private health insurance model implemented pursuant to the State Children's Health Insurance Program (Title XXI of the Social Security Act) shall at a minimum include the following features:
(a) Organize school children's groups to formulate the provision of preventive health services and comprehensive health coverage to children under the private insurance model, and where practicable, establish cooperative agreements with the Department of Education to facilitate school based enrollment of eligible children into the private insurance model.
(b) Require all insurance providers participating in the private insurance model to collect payments or premiums from participants on a sliding scale basis and in accordance with any applicable state and federal regulations in order to provide for payment for healthcare services or premiums for comprehensive insurance coverage.
(c) Establish, with consultation from appropriate professional organizations, standards for preventive health services and providers, and comprehensive insurance benefits appropriate to children and their family members.
(d) Establish eligibility criteria which children and their family members must meet in order to participate in the private insurance model.
(e) Establish procedures under which applicants to and participants in the private insurance model may have grievances reviewed by the commissioner of insurance.
(f) Establish participation criteria and, if appropriate, contract with an authorized insurer, health maintenance organization, or insurance administrator to provide administrative services to the private insurance model.
(g) Develop and implement a plan to publicize the private insurance model, the eligibility requirements of the private insurance model, and to maintain public awareness of the private insurance model.
C. Beginning January 1, 1999, and semiannually thereafter, the department shall submit the following information to the Joint Legislative Committee on the Budget and to the Senate and House committees on health and welfare:
(1) A status on LaCHIP implementation, including the number of new enrollees, the estimated cost of the Medicaid expansion due to LaCHIP, the cost reduction to the state as a result of instituting LaCHIP as opposed to a Medicaid expansion under Title XIX, and any other information the department deems pertinent to LaCHIP.
(2) A report relative to the impact of the physician fee increase required by Paragraph (A)(1) of this Section, including both the fiscal impact to the state and the effect on the number of participating providers.
(3) Recommendations for expanding LaCHIP or any other recommendations relative to the requirements of this Section.
D. The provisions of this Section shall not prohibit the department from exercising any and all authorities and responsibilities granted to the department under the Medical Assistance Program (Title XIX of the Social Security Act) in the event such authorities and responsibilities are concurrent with the provisions of this Section.
E. Any rules or regulations adopted under the provisions of this Section shall be promulgated under the Administrative Procedure Act. Any rules or regulations adopted pursuant to the private health insurance model shall be subject to review by the House Committee on Health and Welfare, the Senate Committee on Health and Welfare, the House Committee on Insurance, and the Senate Committee on Insurance.
Acts 1998, 1st Ex. Sess., No. 128, §2, eff. May 5, 1998; Acts 1999, No. 1197, §§1, 2, eff. July 9, 1999; Acts 2001, No. 1027, §1, eff. June 27, 2001; Acts 2018, No. 206, §5.
The office of public health shall be responsible for providing and dispensing the hepatitis B vaccine, through the Vaccines for Children Program, to children between the ages of twelve and nineteen who have been placed in the custody of the division of youth services of the Department of Public Safety and Corrections.
Acts 2004, No. 624, §1; Acts 2022, No. 271, §5.
This Part may be cited as the "Louisiana Children and Youth Health Insurance Act" and may be referred to as the "Louisiana Children and Youth Health Insurance Program".
Acts 2007, No. 407, §1, eff. July 10, 2007.
The legislature hereby declares that for the economic and social benefits of all residents of this state, it is important to ensure that children of the state have access to affordable health insurance that offers comprehensive coverage and emphasizes preventive health care. Many children in working families are uninsured, including children in families whose family income is greater than two hundred percent of the applicable federal poverty guideline as published in the Federal Register by the United States Department of Health and Human Services. The lack of health insurance negatively affects the health status of children. The legislature further finds that access to health care is a key component for the healthy development of children and a successful education. It is, therefore, the intent of the legislature to provide access to affordable health insurance to children in Louisiana.
Acts 2007, No. 407, §1, eff. July 10, 2007; Acts 2018, No. 206, §5.
As used in this Part, the following definitions shall apply:
(1) "Child" means a person under the age of nineteen.
(2) "Department" means the Louisiana Department of Health.
(3) "Medical assistance" means healthcare benefits provided through the Louisiana Medicaid program or the Louisiana Children's Health Insurance Program, hereafter referred to as LaCHIP.
(4) "Premium assistance" means a component of the Louisiana Children and Youth Health Insurance Program under which the department pays on behalf of an enrollee either part of or the entire premium of employer-sponsored or individual health insurance coverage.
(5) "Program" means the Louisiana Children and Youth Health Insurance Program.
(6) "Responsible party" means a parent or person legally responsible for the welfare of a child.
(7) "Subsidized insurance" means a component of the program whereby the state provides health insurance coverage to a child at a reduced premium rate to the family.
Acts 2007, No. 407, §1, eff. July 10, 2007; Acts 2018, No. 206, §5.
The Louisiana Children and Youth Health Insurance Program is hereby created. The program shall be administered by the department. The department shall have the same powers and authority to administer the program as provided to it in connection with the administration of the Louisiana Medicaid program and LaCHIP. The department shall coordinate the program with the existing children's health programs it operates.
Acts 2007, No. 407, §1, eff. July 10, 2007.
A. To be eligible for this program, a child shall:
(1) Be ineligible for medical assistance under the Louisiana Medicaid program or benefits under LaCHIP.
(2) Be in a family in which the family income is between two hundred percent and three hundred percent of the applicable federal poverty guideline as published in the Federal Register by the United States Department of Health and Human Services.
(3) Meet at least one of the following requirements:
(a) Be without health insurance for a period of time set forth in rules promulgated by the department.
(b) Have a parent who has lost employment and health insurance, which leaves the child without available, affordable dependent health insurance coverage, until such time as affordable employer-sponsored dependent health insurance coverage is again available for the child as set forth in rules promulgated by the department. The department may take into account the affordability of dependent health insurance when determining whether employer-sponsored dependent health insurance coverage is available upon reemployment of a child's parent.
(c) Be a newborn whose responsible party does not have available, affordable private or employer-sponsored health insurance.
(d) Have lost medical benefits under the Louisiana Medicaid program or LaCHIP within one year of applying for coverage under this Part.
B. A child who is determined to be eligible for the program shall remain eligible for twelve months.
C. A child shall not be eligible for coverage under the program if:
(1) The premium required by R.S. 46:977.9(D) has not been timely paid. If the required premium is not paid, the liability of the program shall be limited to healthcare services provided under the program for the time period for which the premium has been paid. A child shall also be ineligible for reenrollment for a period of time set forth in rule by the department if the premium is not paid.
(2) The child is in the custody of a juvenile detention facility or adult correction facility.
Acts 2007, No. 407, §1, eff. July 10, 2007; Acts 2018, No. 206, §5.
The department shall promulgate rules in accordance with the Administrative Procedure Act, which shall include but not be limited to:
(1) Hardship provisions.
(2) Annual renewals of eligibility for the program.
(3) Reenrollment, grace period, notice requirements, and hearing procedures.
(4) Determining the availability and affordability of private or employer-sponsored health insurance, with consideration of such factors as the percentage of income needed to purchase individual or family health insurance, the availability of employer subsidies, and other relevant factors.
Acts 2007, No. 407, §1, eff. July 10, 2007.
The department shall use the same simplified enrollment processes and application form that are used for the Louisiana Medicaid program and LaCHIP. In addition, the department may also:
(1) Provide a secure system and authorize an application to be submitted by electronic transmission via the Internet.
(2) Make presumptive eligibility determinations for children as provided by federal guidelines.
(3) Contract with local entities throughout the state to assist with outreach and enrollment activities.
Acts 2007, No. 407, §1, eff. July 10, 2007.
The department, upon enactment by congress of legislation allowing the same, may utilize income determinations made by the Food Stamp Program, WIC, the National School Lunch Program, or the successor of any of these programs for determining income eligibility for the Louisiana Medicaid program or LaCHIP.
Acts 2007, No. 407, §1, eff. July 10, 2007; Acts 2018, No. 206, §5.
A. Subject to the General Appropriation Act of the legislature, the department shall purchase or provide healthcare benefits for eligible children which are equivalent to the benefits provided for children under the coverage requirements for the federal Children's Health Insurance Program, Title XXI of the Social Security Act.
B. Subject to the General Appropriation Act of the legislature, as an alternative to the health benefits outlined in Subsection A of this Section, and when cost-effective to the state, the department may provide premium assistance to families toward the cost of privately sponsored health insurance, including employer-sponsored and individually purchased health insurance.
C. The content and availability of benefits described in Subsection B of this Section and the terms of eligibility for those benefits shall be at the discretion of the department. The department shall determine the efficacy and cost-effectiveness as a means of promoting retention of private or employer-sponsored health insurance. If the department provides benefits described in Subsection B of this Section, the department shall not be required to provide services under any provision of Title XIX or Title XXI of the Social Security Act.
D. The responsible party for a child enrolled in the program shall be subject to the following cost-sharing requirements for subsidized insurance:
(1) The department shall by rule establish requirements concerning monthly premiums, co-payments, and coinsurance for healthcare services. This cost sharing shall be on a sliding scale based on family income up to three hundred percent of the applicable federal poverty guideline as published in the Federal Register by the United States Department of Health and Human Services. The department shall work in consultation with the Louisiana staff of the Children's Defense Fund, Agenda for Children, Louisiana Maternal and Child Health Coalition, Covering Kids and Families, Louisiana Partnership for Children and Families, Families Helping Families of Louisiana, Louisiana Chapter of the National Association of Social Workers, Louisiana Chapter of the American Academy of Pediatrics, Louisiana Chapter of the March of Dimes, and Louisiana Primary Care Association in the rulemaking process regarding the sliding scale, which is based on family income. Notwithstanding this Paragraph, there shall be no co-payment required for well-baby or well-child health care, including but not limited to age-appropriate immunization as required under state and federal law.
(2) The responsible party for a child enrolled in a privately sponsored health insurance plan under this Part shall be subject to the cost-sharing provisions stated in the privately sponsored health insurance plan.
Acts 2007, No. 407, §1, eff. July 10, 2007; Acts 2018, No. 206, §5.
The department shall have the authority to:
(1) Collect required premiums from the family or responsible party for a child receiving benefits.
(2) Notify the family or responsible party of a child who is paying a premium of any changes in such premium or co-payment requirements.
(3) Refuse payment of services for nonpayment of premium.
(4) Monitor the availability and retention of employer-sponsored dependent health insurance coverage to promote retention of private or employer-sponsored health insurance and timely access to healthcare services.
Acts 2007, No. 407, §1, eff. July 10, 2007; Acts 2018, No. 206, §5.
The provisions of R.S. 46:153 and 446 relative to the department's right to recover shall apply to assistance payments and medical expenses provided to children pursuant to this Part.
Acts 2007, No. 407, §1, eff. July 10, 2007.
The department shall request any necessary state plan amendments or waivers of federal requirements in order to use federal funds for implementing any or all the provisions of the program.
Acts 2007, No. 407, §1, eff. July 10, 2007.
Repealed by Acts 2018, No. 612, §22, eff. July 1, 2020.
The purpose of this Part is to provide for the TEFRA option within the Medicaid program of this state through which children with disabilities can access Medicaid-funded services regardless of their parents' income.
Acts 2019, No. 421, §1.
For purposes of this Part, the following terms have the meaning ascribed in this Section:
(1) "Department" means the Louisiana Department of Health.
(2) "Medicaid" means the medical assistance program provided for in Title XIX of the Social Security Act.
(3) "Secretary" means the secretary of the Louisiana Department of Health.
(4) "TEFRA option" means the program authorized under Section 134 of the Tax Equity and Fiscal Responsibility Act of 1982 (P.L. 97-248), and provided for more specifically in this Part, which furnishes Medicaid benefits to children with disabilities who are otherwise ineligible for such benefits because the income of their household exceeds state-established limits for Medicaid eligibility.
Acts 2019, No. 421, §1.
A. The legislature hereby creates a TEFRA option program in order to protect and promote public health and well-being in this state. The department shall, subject to the approval of the federal Centers for Medicare and Medicaid Services, begin a program to provide healthcare services via the state's Medicaid program for the population contemplated under Section 134 of the Tax Equity and Fiscal Responsibility Act of 1982 (P.L. 97-248).
B. The TEFRA option shall offer coverage exclusively through the Medicaid fee-for-service system unless the department determines that offering TEFRA option coverage to persons enrolled in the Medicaid managed care program would be more cost-effective.
Acts 2019, No. 421, §1.
A. In order to be eligible for the TEFRA option, a child shall meet all of the following eligibility criteria:
(1) He is a Louisiana resident and United States citizen.
(2) He is under the age of nineteen.
(3) He has a disability that is recognized under the definition of disability utilized in the Supplemental Security Income program of the Social Security Administration, regardless of whether he is eligible to receive benefits under that program.
(4) He is ineligible for Medicaid coverage when the income of his parents is considered.
(5) Excluding the assets of his parents, he does not have total assets exceeding two thousand dollars in value.
(6)(a) Due to his disability, he requires a level of care provided in a hospital, skilled nursing facility, or intermediate care facility; however, care provided outside of such an institution may be appropriate.
(b) A child may meet a level of care if, within the last twelve months, he presents for emergency care in a hospital more frequently than once per month and the use of the hospital is medically necessary to stabilize sickle cell anemia.
(7) The cost of his care provided at his home is less than the cost of institutional care.
B. The TEFRA option shall provide to eligible children coverage for all Medicaid state plan services.
C. To the maximum extent practicable, as determined by the secretary, the department shall include TEFRA option beneficiaries in its health insurance premium payment program as a means of maximizing private health insurance coverage of Medicaid enrollees.
Acts 2019, No. 421, §1; Acts 2025, No. 294, §1.
The department shall promulgate all such rules in accordance with the Administrative Procedure Act as are necessary to implement the provisions of this Part.
Acts 2019, No. 421, §1.
A. The Louisiana Department of Health shall make available to persons who are eligible for Medicaid benefits under Title XIX of the Social Security Act, 42 U.S.C. 1396 et seq., outpatient coverage benefits for medically necessary pasteurized donor human milk upon prescription of an infant's pediatrician stating that the infant Medicaid beneficiary is medically or physically unable to receive maternal human milk or participate in breastfeeding, or the infant's mother is medically or physically unable to produce maternal human milk in sufficient quantities. Medicaid shall only reimburse for outpatient donor human milk obtained from a member bank of the Human Milk Banking Association of North America.
B. The department may seek approval of a federal Medicaid waiver and state plan amendments as may be necessary to implement the provisions of this Section.
Acts 2022, No. 488, §1.
The legislature hereby affirms all of the following:
(1) Leading professional societies, such as the American College of Obstetricians and Gynecologists and the Society for Maternal-Fetal Medicine, and federal agencies, such as the Centers for Disease Control and Prevention, the Health Resources and Services Administration, and the Centers for Medicare and Medicaid Services, have recognized the well-established benefits of doula services.
(2) In January 2025, Louisiana was selected as one of the states to participate in the Centers for Medicare and Medicaid Services Transforming Maternal Health Model. The model is designed to focus exclusively on improving maternal healthcare for people enrolled in Medicaid and the Children's Health Insurance Program. The model supports participating state Medicaid agencies in the development of a whole-person approach to pregnancy, childbirth, and postpartum care that addresses the physical, mental health, and social needs experienced during pregnancy. The goal of the model is to reduce disparities in access and treatment. The model aims to improve outcomes and experiences for mothers and their newborns, while also reducing overall program expenditures. This model urges states to address gaps in maternal healthcare using doulas.
(3) Research has demonstrated that support from a doula is associated with lower cesarean section rates, fewer obstetric interventions, fewer complications during and after childbirth, decreased use of pain medication, shorter labor hours, and higher scores on the Appearance, Pulse, Grimace, Activity, and Respiration, or APGAR, test, which indicates how well the baby is doing outside the womb.
(4) As a state, Louisiana consistently ranks in the top five states for maternal and infant mortality and morbidity in the United States, which is indicative of a maternity healthcare crisis. It is well established that the use of doulas in maternal healthcare makes a difference in improving outcomes and lowering healthcare costs for the mother and infant.
Acts 2025, No. 228, §1.
A. For purposes of this Section, the following definitions apply:
(1) "Doula" means an individual who has been trained to provide physical, emotional, and educational support, but not medical or midwifery care, to pregnant and birthing women and their families before, during, and after childbirth.
(2) "Doula treatment or care" means any maternal healthcare services rendered by a registered doula in this state.
B. Any Medicaid coverage plan delivered or issued for delivery in this state that provides benefits for maternity services shall include coverage for services provided by a doula before, during, and after childbirth as provided in R.S. 46:977.43. The coverage scope of services and rates shall be determined by the Louisiana Department of Health using market benchmarks and comparisons to similar state rates.
C. Doula services shall include but not be limited to all the following:
(1) Support and assistance during labor and childbirth.
(2) Prenatal and postpartum support and education.
(3) Breastfeeding assistance and lactation support.
(4) Parenting education.
(5) Support for a birthing woman after the loss of a pregnancy.
D. At minimum, each Medicaid plan shall comply with the provisions in R.S. 40:977.43 and provide coverage for all of the following services:
(1) Five prenatal visits for up to ninety minutes.
(2) Three postpartum visits for up to ninety minutes.
(3) Assistance and attendance during labor and birth including cesarean deliveries.
E.(1) The requirements established by Medicaid managed care plans to ensure the services provided by a doula before, during, and after childbirth shall not be construed to preclude a doula from practice in this state.
(2)(a) A doula may opt to practice in this state and forego any eligible reimbursement via a health coverage plan.
(b) Doulas opting for reimbursement via a Medicaid managed care plan shall have approved registration by the Louisiana Doula Registry Board.
F. All doulas with approved registration with the Louisiana Doula Registry Board shall have acceptance as a provider of such services with all Louisiana Medicaid plans in accordance with Medicaid rulemaking.
G. Terminology in any Medicaid managed care plan or contract deemed discriminatory against doulas and doula services is void and unenforceable.
Acts 2025, No. 228, §1.
A. The Louisiana Medicaid program shall cover inpatient and, if deemed appropriate, outpatient coverage for doula treatment or care when such care or treatment is used for a medically accepted indication and administered in any healthcare facility by any healthcare professional appropriately registered in this state to provide doula treatment or care in accordance with state and federal guidelines or certifications.
B. A prospective enrollee shall be considered eligible for doula treatment or care enrollment if the individual satisfies all of the following qualifications:
(1) The individual is enrolled in the Louisiana Medicaid program.
(2) A licensed healthcare provider has certified that the individual is pregnant or in the postpartum period.
(3) The pregnant or postpartum woman requests or consents to the use of doula services.
C. Pursuant to this Section, the secretary of the Louisiana Department of Health shall do all the following:
(1) Submit to the Centers for Medicare and Medicaid Services all necessary state plan amendments.
(2) Promulgate and adopt all necessary rules in accordance with the Administrative Procedure Act.
(3) Take any other actions necessary to implement the provisions of this Part.
Acts 2025, No. 228, §1.
A. This Chapter shall be known and may be cited as the "Health Care Reform Act of 2007".
B. It is the intent of the legislature that the state shall lead the initiative to improve health care outcomes in Louisiana by developing and implementing a health care delivery system that provides a continuum of evidence-based, quality driven health care services. This health care delivery system shall be known as Louisiana Health First and shall consist of a medical home system of care. The medical home system of care shall incorporate the use of health information technology and quality measures to facilitate a safe, patient-centered, quality driven, evidence-based, accessible, and sustainable health care system to Medicaid recipients and low-income uninsured citizens.
Acts 2003, No. 813, §1; Acts 2005, No. 154, §2, eff. June 28, 2005; Acts 2007, No. 243, §1.
As used in this Chapter, the following definitions shall apply:
(1) "Department" shall mean the Louisiana Department of Health.
(2) "Health information technology" shall mean information technology used in health care, including but not limited to electronic health records or electronic medical records, computerized physician order entry, health information exchange, telehealth, and other relevant information technology deemed appropriate by the secretary of the department.
(3) "Medical home system of care" shall mean a health care delivery system that is patient and family centered and is guided by a personal primary care provider who coordinates and facilitates preventive and primary care that improves patient outcomes in the most cost-efficient manner possible. By providing a coordinated continuum of care, the cost of the current health care delivery system shall be reduced, health outcomes shall improve, and the disparities in access to health care among the state's populations shall be reduced. The medical home system of care shall consist of an integrated system of public, private, or public and private primary care providers, specialty care groups, and hospital providers that are willing to participate in the integrated system and meet participation criteria.
(4) "Secretary" shall mean the secretary of the Louisiana Department of Health.
Acts 2007, No. 243, §1; Acts 2023, No. 322, §5, eff. Jan. 1, 2024.
A. The department shall develop and implement a medical home system of care for Medicaid recipients and the low-income uninsured citizens of the state. The medical home system of care shall:
(1) Coordinate and provide access to evidence-based health care services, emphasizing convenient, comprehensive primary care.
(2) Provide access to appropriate specialty care and inpatient services.
(3) Provide quality driven and cost-effective health care.
(4) Promote strong and effective medical management.
(5) Emphasize patient and provider accountability.
(6) Prioritize local access to the continuum of health care services.
B. The department shall require providers who participate in the medical home system of care to adopt an interoperable electronic medical record.
C. In order to ease the cost of implementation of health information technology, the department shall avail itself of any public and private funding available.
D. The department may establish a mechanism to evaluate, promote, and improve the quality of health and health care delivered to the Medicaid and low-income uninsured populations through the use of quality performance measures, evidence-based standards of care, and other measurements that facilitate quality improvement.
E. Reimbursement for participation in Louisiana Health First shall be at a level to ensure provider participation and success. The department shall develop an enhanced Medicaid reimbursement methodology to compensate providers who participate in the medical home system of care. The department shall also apply to the Centers for Medicare and Medicaid Services for authority to develop a payment methodology to compensate providers who care for the low-income uninsured in the medical home system of care. To the extent permitted by the federal government, such reimbursement methodologies shall incorporate features of successful managed care programs, which promote the medical home system of care that is supported by the appropriate, enforceable, quality standards of evidence-based medical protocols and the necessary health information technologies.
F. Reimbursement for health care services for low-income uninsured individuals provided under the medical home system of care shall be allocated to the greatest extent possible based on the disbursement of the low-income uninsured population statewide.
Acts 2007, No. 243, §1.
A. In accordance with the authority granted in R.S. 36:254(A)(6)(a), the department is hereby authorized to apply to the Centers for Medicare and Medicaid Services, Department of Health and Human Services, for any approval necessary to implement the provisions of this Chapter.
B. In the event approval from the Centers for Medicare and Medicaid Services is not attained to implement this Chapter, the department shall implement elements of this Chapter that are feasible and within the state's current authority.
C. Prior to submission of any waiver application or state plan amendment to the Centers for Medicare and Medicaid Services to effect the provisions of this Chapter, the department shall submit the waiver plan or the proposed state plan amendment to the Senate Committee on Health and Welfare and the House Committee on Health and Welfare, meeting jointly, for review and approval. If approved by the committees on health and welfare, the waiver plan or the proposed state plan amendment and cost estimates for a minimum of five years shall be submitted to the Joint Legislative Committee on the Budget for review and approval. If the waiver plan or the proposed state plan amendment is approved by the Joint Legislative Committee on the Budget, the department shall submit the waiver application or the state plan amendment to the Centers for Medicare and Medicaid Services for approval.
Acts 2007, No. 243, §1.
The provisions of this Chapter shall be budget neutral or subject to an annual appropriation of the legislature.
Acts 2007, No. 243, §1.
A. The department shall adopt and promulgate rules and regulations in accordance with the Administrative Procedure Act that provide for maximizing Medicaid funding and rates for those hospitals that provide either of the following:
(1) Inpatient services to fragile newborns or critically ill children in either a Level III Regional Neonatal Intensive Care Unit or a Level I Pediatric Intensive Care Unit, which units have been in operation on or before January 1, 2003.
(2) A Medicaid utilization rate of twenty-five percent of total inpatient days or greater.
B. The department shall minimize the impact of budget adjustments made pursuant to R.S. 39:75 or as authorized in the General Appropriation Act upon hospitals qualifying for Medicaid rate maximization under this Section.
Acts 2003, No. 813, §1; Acts 2005, No. 154, §2, eff. June 28, 2005; Acts 2007, No. 243, §1; Acts 2008, No. 566, §1, eff. June 30, 2008.
This Chapter shall be known and may be cited as the "Louisiana First America Next Freedom and Empowerment Act".
Acts 2014, No. 783, §1, eff. June 19, 2014.
As used in this Chapter, the following terms shall have the following definitions, unless the context clearly indicates otherwise:
(1) "Cost-sharing" means the portion of the cost of a covered medical service that must be paid by or on behalf of eligible individuals, consisting of copayments or coinsurance, but not deductibles.
(2) "Department" means the Louisiana Department of Health.
(3) "Medicaid" means the medical assistance program provided for in Title XIX of the Social Security Act.
(4) "Plan" means the Louisiana First America Next Freedom and Empowerment Plan established by this Chapter.
(5) "Secretary" means the secretary of the Louisiana Department of Health.
Acts 2014, No. 783, §1, eff. June 19, 2014.
A. The Legislature of Louisiana does hereby find and declare that, due to compelling moral and economic reasons, Louisiana must enact positive reforms to move the state's health care system in the right direction.
B. The Legislature of Louisiana does hereby find and declare that Louisiana should expand access to affordable high quality health care. Our state must create a solid safety net for the poorest of the poor and the sickest of the sick. Louisiana must seek to offer to its citizens a health care system that allows the patient to be in control, working with his own doctor and other health care providers. Louisiana must work on reducing health care costs, since many of Louisiana's citizens struggle to afford health care. Louisiana must work to preserve and strengthen the safety net for the most vulnerable in our state, including those with pre-existing conditions. Louisiana must focus on enhancing patient choice, removing obstacles to portability, and promoting consumer selection.
C. The Legislature of Louisiana does hereby find and declare that true health reform puts doctors and patients, not government bureaucrats, at the heart of all health policy decisions.
D. The purposes of this state in implementing the Louisiana First America Next Freedom and Empowerment Plan are as follows:
(1) To lower health care costs by providing incentives for Louisiana consumers to serve as smart health care shoppers, to save money by engaging in healthy behaviors, and to take control of their health care choices.
(2) To protect the most vulnerable Louisiana citizens by targeting government resources to those most at risk in our state and by enacting reforms that would guarantee health care access to individuals with pre-existing conditions, senior citizens, individuals with disabilities, and the unborn.
(3) To provide portability and choice to Louisiana consumers by offering personalized choices so that consumers can buy the health care coverage plan they want, not the plan a government bureaucrat tells them to purchase.
Acts 2014, No. 783, §1, eff. June 19, 2014.
A. The Louisiana Department of Health shall create and administer the plan within the department. The department shall promulgate rules to implement this Chapter in accordance with the Administrative Procedure Act.
B. In keeping with the plan's purposes set forth in R.S. 46:979.3, the department shall on or before September 1, 2014, submit to the House and Senate committees on health and welfare and to the governor an outline specifying how it will seek to implement the following health care access reforms in Louisiana beginning January 1, 2015:
(1) Lowering the cost of health care in Louisiana, including but not limited to actions furthering the following goals:
(a) Tax equity: Giving all Louisiana consumers the same standard deduction for health insurance, regardless of whether they obtain that health insurance from an employer or on their own, and without raising taxes.
(b) A Louisiana health insurance program: Seeking any available federal funds, including but not limited to the use of federal waivers or Medicaid state plan amendments, so as to create an innovative and cost-effective state health insurance program that would reduce health insurance premiums to make coverage more affordable, guarantee access for individuals with pre-existing conditions, and allow the state the option of using such funds to subsidize health insurance coverage for individuals with pre-existing conditions and low-income individuals who may not receive tax savings from a health insurance deduction.
(c) Health savings accounts: Further increasing participation in the plan's innovative insurance model and enhancing the ability to contain the growth of health costs by allowing individuals to create personal health savings accounts and use those funds to pay health insurance premiums, allowing for additional flexibility in benefit design.
(d) Greater incentives for wellness: Providing insurers and employers with additional flexibility to offer incentives for healthy behaviors, and the ability to provide those incentives on a tax-free basis, in order to accelerate efforts at changing behaviors in a way that can slow health cost growth.
(e) Focus on eliminating fraud: Moving away from the existing "pay and chase" model of eliminating fraud, and seeking to target those who profit from trafficking in personal health information.
(f) Price and quality transparency: Increasing online posting of health care services price and quality data in order to empower Louisiana patients with trusted information and provide Louisiana health care providers with a greater incentive to improve their quality practices.
(2) Protecting the most vulnerable Louisiana citizens, including but not limited to actions furthering the following goals:
(a) Guaranteed access for pre-existing conditions: Demonstrating in requests to federal funding sources that, as a condition of participation in the plan, Louisiana will guarantee access for individuals with pre-existing conditions through a high-risk pool, reinsurance, or some other method ensuring those with chronic conditions can obtain needed care.
(b) Premium support: Providing cost subsidies or premium assistance so that Louisiana's senior citizens are offered more health insurance choices, while seeking to make Medicare more financially solvent and sustainable for future generations.
(c) Medicaid reforms: Seeking to work with the federal government through existing or new grant programs to demonstrate that, in exchange for a fixed funding allotment from the federal government and accountability standards, Louisiana will demonstrate flexibility in designing solutions to meet the health care needs of Louisiana citizens.
(d) Life protections: Seeking to strengthen conscience protections for businesses and medical providers.
(3) Portability and choice, including but not limited to actions furthering the following goals:
(a) Louisiana-based reforms to expand access: Reforming laws that govern medical licensure and construction of new medical facilities, in order to increase the supply of medical providers, including new options that may lower health care costs.
(b) Better access for individuals changing employers: Ending the requirement that individuals leaving their employer must exhaust COBRA continuation coverage before gaining access to the individual health insurance market, in order to alleviate a costly mandate on businesses and ease the transition into individual health coverage for those changing jobs.
(c) Pooling mechanisms: Allowing small businesses, fraternal organizations, civic groups, alumni associations, and other similar organizations to band together and offer health insurance to their members in order to provide new options for individuals to purchase coverage that travels with them from job to job.
(d) Cross-state insurance purchasing: Seeking to work with the federal government and other state governments to allow purchasing of health insurance across state lines, so as to allow Louisianians to buy the customized health insurance plan that best meets their needs.
(e) Lawsuit reform: Enacting common sense reforms to crack down on frivolous lawsuits in seeking to expand patient access and lower costs.
(f) Freedom for senior citizens to choose: Enhancing choice and competition by eliminating the arbitrary restrictions on senior citizens' choice of medical providers imposed by bureaucratic mandates, and seeking to restore the doctor-patient relationship by working with the federal government to see those onerous requirements repealed.
C. The department may work with any other state department in order to seek to effect the plan's purposes, and shall do so with all deliberate speed so as to effect these health care reforms in a timely manner.
D.(1) The department may utilize any federal or state funding, or any other source of revenue, available to implement this plan.
(2) Prior to implementation, the department shall develop the plan, including a determination of the cost, and submit the plan with the cost estimate to the Joint Legislative Committee on the Budget for approval.
E. The plan may include premium support or insurance premium subsidies for eligible individuals to enable their enrollment in a health insurance plan.
F. The department shall be specifically authorized to pay supplemental cost-sharing subsidies directly to health insurance plans or health savings accounts for participants in the plan.
G. An eligible individual offered health insurance access, enrolled in health insurance coverage or allowed to create a health savings account, shall affirmatively acknowledge the existence of all of the following facts:
(1) The plan shall not be a perpetual federal or state right or guaranteed entitlement.
(2) The plan shall be subject to cancellation upon appropriate notice.
(3) The plan shall not be an entitlement program.
H. The state may implement cost-sharing and copays, as a condition of participation in the plan, for plan participants whose earning shall exceed fifty percent of the applicable federal poverty guideline as published in the Federal Register by the United States Department of Health and Human Services.
I. The department shall recommend appropriate adjustments in funding to the legislature. Adjustments shall be made by the legislature as appropriate.
J. On a quarterly basis, the department shall report to the Joint Legislative Committee on the Budget, within two weeks of the end of each quarter, information regarding the following aspects of the plan:
(1) Plan enrollment.
(2) Patient experience.
(3) Economic impact.
(4) Carrier competition.
(5) Success in avoiding uncompensated care.
Acts 2014, No. 783, §1, eff. June 19, 2014; Acts 2018, No. 206, §5.
A. On or before July 1, 2015, and annually thereafter, the secretary of the department shall provide to the House and Senate committees on health and welfare and to the governor a written report covering the most recent one-year period which includes at a minimum all of the items required hereafter in this Section.
B. The secretary shall make the report provided for in this Section publicly available on its Internet website.
C. The report shall include but shall not be limited to the following items:
(1) Evaluation of major barriers to access to health care by participants in the Louisiana First America Next Freedom and Empowerment Plan, and recommendations for policy changes to eliminate such barriers.
(2) Summary of successful initiatives in this state for disease prevention and early diagnosis and management of chronic conditions among participants in the plan.
(3) Such other information as the secretary deems appropriate to convey a clear and sufficiently complete assessment of the impact of the plan.
Acts 2014, No. 783, §1, eff. June 19, 2014.
Annually during each regular session of the legislature, the legislature shall have the authority to decide whether to continue the program.
Acts 2014, No. 783, §1, eff. June 19, 2014.
Repealed by Acts 2014, No. 811, §34, eff. June 23, 2014.
Repealed by Acts 2014, No. 811, §34, eff. June 23, 2014.
The legislature finds that children who are emancipated from or aged out of long-term foster care in this state must be better equipped with the necessary skills to find employment and to become self-supporting and productive.
Acts 2005, No. 82, §1.
A. The Department of Children and Family Services, office of children and family services, shall provide, in each of its regional offices, vocational testing and counseling on the subjects of higher education and employment for those individuals in long-term foster care at the youngest age deemed appropriate to process the information.
B. Through vocational testing, the office of children and family services shall seek to identify areas of potential interest and potential employment that are specific to an individual in foster care and, to this end, the office shall:
NOTE: §1002 (Section Heading) and Subsections A and (B)(intro. para.) as amended by Acts 2025, No. 477, eff. Oct. 1, 2027.
§1002. Vocational testing and counseling; purpose; duties of Louisiana Works
A. Louisiana Works shall provide, in each of its regional offices, vocational testing and counseling on the subjects of higher education and employment for those individuals in long-term foster care at the youngest age deemed appropriate to process the information.
B. Through vocational testing, Louisiana Works shall seek to identify areas of potential interest and potential employment that are specific to an individual in foster care and, to this end, the office shall:
(1) Conduct a minimum of three, one-hour long counseling sessions annually with each individual, covering the subjects of potential employment both during and after high school, as well as possibilities for education beyond high school.
(2) Encourage and assist individuals in long-term foster care to find part-time work while they are still in high school as a means of discovering their interests and capabilities, as well as fostering a sense of independence.
NOTE: Subsection C eff. until Oct. 1, 2027. See Acts 2025, No. 477.
C. The office of children and family services shall adopt all necessary rules and regulations to carry out the provisions of this Chapter.
NOTE: Subsection C as amended by Acts 2025, No. 477, eff. Oct. 1, 2027.
C. Louisiana Works shall adopt all necessary rules and regulations to carry out the provisions of this Chapter.
Acts 2005, No. 82, §1; Acts 2025, No. 477, §15, eff. Oct. 1, 2027.
A. The police juries of parishes are authorized and empowered, upon their own initiative, to form and create one or more hospital service districts within the respective parishes, or with agreement among police juries concerned, to combine two or more parishes into a single hospital service district with such names as the police juries may designate, and, in so doing, police juries may create hospital service districts whose boundaries overlap those of other hospital service districts.
B. The police juries are further authorized and empowered, upon their own initiative, to alter the boundaries of any hospital service district, provided that no such boundary change shall cause an impairment of the obligations of any contract of the hospital service district.
C. Such creation of overlapping hospital service districts or the alteration of the boundaries of any hospital service district prior to July 31, 1968, are hereby expressly validated, ratified and confirmed.
D. The governing authority of Pointe Coupee Parish may rename the Pointe Coupee Parish Hospital Service District Number One as the Pointe Coupee Parish Health Services District Number One; in such case, such district and its commission shall continue to have all powers, duties, functions, and responsibilities as provided in this Chapter for hospital service districts, and their commissions and the parish governing authority shall continue to have all powers, duties, functions, and responsibilities as provided in this Chapter with respect to such district.
E. Notwithstanding the provisions of Subsections A and B of this Section, the governing authority of Ouachita Parish shall not abolish or alter the boundaries of Hospital Service District No. 1 of the Parish of Ouachita unless the abolition or alteration is approved by two-thirds of the full membership of the board of commissioners of the district and approved by a majority of the voters of the district, as the district existed on January 1, 1997, voting at an election held for the purpose of authorizing such abolition or alteration in accordance with the Louisiana Election Code. The parish governing authority or the board of commissioners may call an election for such purpose after the board of commissioners has voted for such approval as provided in this Subsection.
Acts 1950, No. 420, §1. Amended by Acts 1968, No. 35, §1; Acts 1986, No. 326, §1; Acts 1997, No. 436, §2, eff. June 22, 1997.
The objects and purposes of the hospital service districts and the governing bodies created pursuant to the provisions of this Chapter shall be:
(1) To own and operate hospitals for the care of persons suffering from illnesses or disabilities which require that patients receive hospital care.
(2) To administer other activities related to rendering care to the sick and injured or in the promotion of health which may be justified by the facilities, personnel, funds and other requirements available.
(3) To promote and conduct scientific research and training related to the care of the sick and injured insofar as such research and training can be conducted in connection with the hospital.
(4) To participate so far as circumstances may warrant in any activity designed and conducted to promote the general health of the community.
(5) To cooperate with other public and private institutions and agencies engaged in providing hospital and other health services to residents of the district.
Acts 1950, No. 420, §2; Acts 2018, No. 206, §5.
A. Any hospital service district formed or created under the provisions of this Chapter shall be governed by a board of five commissioners, hereafter referred to as commission, who shall be qualified voters and residents of the district. The commission shall be appointed by the police jury of the parish. Two of the first commissioners so appointed shall serve for two years, two for four years and one for six years.
B.(1) In the parish of St. Mary for Hospital Service Districts Numbers 1 and 2, the governing authority thereof may increase the number of commissioners to not more than seven members; in the parish of St. Helena, the governing authority thereof may increase the number of commissioners to not more than six members.
(2) In any district in which there are six commissioners, three of the first commissioners so appointed shall serve two years, two four years, and one six years. In any district in which there are seven commissioners, three of the first commissioners so appointed shall serve two years, three shall serve four years, and one shall serve six years.
(3) Notwithstanding any provision of this Section to the contrary, at the expiration of the terms of office of the commissioners of Hospital Service District Number 2 of St. Mary Parish serving on July 1, 1991, the successors shall be appointed for a term of four years in the same manner as the predecessor appointees were selected, and no commissioner shall serve for more than two consecutive four year terms.
(4)(a) In the parish of Iberia, the Iberia Parish Hospital Service District No. 1 shall be governed by a commission composed of nine members who shall be registered voters, residents, and domiciled in the district. Seven members of the commission shall be appointed by the governing authority of Iberia Parish to serve four-year terms. The two additional members provided for by this Paragraph shall be appointed by the medical executive committee of Iberia Medical Center to serve four-year terms. The medical executive committee shall make any such appointments prior to the expiration of the expiring term or within thirty days after receipt of written notice from the governing authority of Iberia Parish that any such term is about to expire, whichever occurs later. The medical staff members eligible for service on the board of commissioners of Iberia Parish Hospital Service District No. 1 shall be physicians who are fully credentialed and in good standing with the medical executive committee. The medical executive committee shall use all reasonable means to involve as many of the physician medical staff members as possible in the process of selecting and making such appointments.
(b)(i) The terms of the members of the board of commissioners in office on July 1, 2001, shall expire as provided by law. Notwithstanding the provisions of Subparagraph (a) of this Paragraph or any other provision of this Section, the successor of each such member shall be appointed for a term established by the Iberia Parish Council. However, no such term shall exceed four years and the terms of not more than three such successors shall expire in any one year.
(ii) Upon the expiration of the terms established by the Iberia Parish Council for the successors appointed as provided in Item (i) of this Subparagraph, no member of the board of commissioners shall serve more than three consecutive terms. However, service as a result of appointment or election to fill an unexpired term shall not be considered for such purposes.
(iii) Notwithstanding the provisions of Subparagraph (a) of this Paragraph or any other provision of this Section, nothing shall be construed to affect the currently serving members of the board of commissioners of Iberia Parish Hospital Service District No. 1. However, upon expiration of the term of office of the commission member whose term expires on or about November 23, 2019, or the resignation of such member, whichever occurs first, the successor shall be appointed by the medical executive committee of Iberia Medical Center. Upon expiration of the term of office of the physician commission member whose term expires on or about December 27, 2021, or the resignation of such member, the successor shall also be appointed by the medical executive committee of Iberia Medical Center. These two members shall be designated and recognized as the two commission seats to be filled by appointment of the physician medical staff of Iberia Medical Center.
(c) A vacancy that occurs prior to the expiration of a term shall be filled for the remainder of the unexpired term in the same manner as the predecessor appointee was selected.
C.(1)(a) At the expiration of their respective terms of office, the successors to such appointees shall be appointed within thirty days for six-year terms. The police juries shall fill vacancies in the same manner as the predecessor appointees were selected.
(b) Notwithstanding the provisions of this Paragraph, upon the expiration of a term of office of a commissioner of Hospital Service District No. 3 of Vermilion Parish, the term of office of his successors to the board of commissioners of said district shall be two years.
(2)(a) The parish governing authority of the parish in which the district is located may permit a per diem to each member of the commission in an amount of not less than twenty-five dollars nor more than forty dollars for each day of his attendance at meetings of the commission, not to exceed twelve meetings per year payable out of the funds of the hospital service district.
(b) Notwithstanding any other provision of law to the contrary, the parish governing authority of St. Mary Parish may permit a per diem to each member of the board of commissioners of Hospital Service District No. 2 of the parish of St. Mary in the amount provided in this Subsection for each day of attendance at meetings of the commission, not to exceed twenty-four meetings per year.
(c) The Caddo Parish governing authority may permit a per diem to each member of the commission of the North Caddo Hospital Service District in an amount of not less than twenty-five dollars nor more than one hundred dollars for each day of his attendance at meetings of the commission, not to exceed twelve meetings per year payable out of the funds of the hospital service district.
(d) The governing authorities of Calcasieu Parish and Cameron Parish may permit a per diem to each member of the commission of the Calcasieu Cameron Hospital Service District in an amount of not less than twenty-five dollars nor more than three hundred dollars for each day of his attendance at meetings of the commission, not to exceed twelve meetings per year payable out of the funds of the hospital service district.
(e) The governing authorities of Madison Parish may permit a per diem to each member of the commission of the Madison Parish Hospital Service District in an amount of not less than forty dollars nor more than seventy-five dollars for each day of attendance at meetings of the commission, not to exceed twenty-four meetings per year payable out of the funds of the hospital service district.
(f) Notwithstanding any other provision of law to the contrary, the governing authority of St. Charles Parish may permit a per diem to each member of the commission of a hospital service district in the parish in an amount of not less than forty dollars nor more than sixty dollars for each day of attendance at meetings of the commission, not to exceed twelve meetings per year.
(g) Notwithstanding any other provision of law to the contrary, the governing authority of Concordia Parish may permit a per diem to each member of the Concordia Parish Hospital Service District No. 1 in an amount not to exceed three hundred dollars for each day of attendance at meetings of the commission, not to exceed twelve meetings per year.
(h) Notwithstanding any other provision of law to the contrary, the governing authority of St. Landry Parish may permit a per diem to each member of the commission of Hospital Service District No. 1 of St. Landry Parish in an amount of not less than forty dollars nor more than one hundred dollars for each day of attendance at meetings of the commission, not to exceed twelve meetings per year, payable out of the funds of the hospital service district.
(i) Notwithstanding any other provision of law to the contrary, the governing authority of Vermilion Parish may permit a per diem to each member of the commission of Vermilion Parish Hospital Service District No. 3 in an amount not to exceed one hundred twenty-five dollars for each day of attendance at meetings of the commission, not to exceed twelve regular meetings per year and four special meetings per year, payable out of the funds of the hospital service district.
(j) In lieu of the per diem provided for in Subparagraph (a) of this Paragraph, the governing authority of Ouachita Parish may permit the payment of a salary to each member of the commission of the Ouachita Parish hospital service district within which the G. B. Cooley Hospital is situated in an amount not to exceed one hundred fifty dollars per month, payable from funds of the district.
(3) Any member of the commission may be removed from office for cause and his appointment rescinded by two-thirds vote of the elected membership of the parish governing authority which appointed him.
D.(1) The governing authority of the parish of Washington may increase to ten the number of commissioners for the Washington Parish Hospital Service District Number One. One commissioner shall be appointed from each of the eight wards in that district. One additional member shall be appointed from Ward Three. The other additional member shall be an active medical staff member of the Riverside Medical Center who is a resident of the district and who shall be recommended to the parish governing authority by the medical staff of the Riverside Medical Center for appointment. The term of the medical staff member shall be two years.
(2) Notwithstanding any other provision of this Section to the contrary, the governing authority of Washington Parish may permit a per diem to each member of the commission in an amount not to exceed seventy-five dollars for each day of his attendance at meetings of the commission not to exceed twelve regular meetings per year and twelve emergency meetings per year, payable out of funds of the hospital service district.
E. In the parish of Ouachita, the Ouachita Parish Hospital Service District within which is situated the G. B. Cooley Hospital, shall be governed by a board composed of seven members. One of the first additional commissioners so appointed shall serve for two years, and one for four years; thereafter, their terms shall be as provided in Subsection C of this Section.
F. In the parish of Richland, the Richland Parish Hospital Service District, within which is situated the Richland Parish Hospital, shall be governed by a board of commissioners composed of seven members. These two additional members shall be medical doctors. One of the first additional commissioners so appointed shall serve for two years, and one for four years; thereafter, their terms shall be as provided in Subsection C of this Section. The Richland Parish Hospital Service District Number 1-B, within which is situated the Richardson Medical Center in Rayville, shall be governed by a board of commissioners consisting of six members. One of the members shall be a physician selected by the staff of the Richardson Medical Center. Notwithstanding any other provision to the contrary, the parish governing authority of Richland Parish may permit a per diem to each member of the board of commissioners of the Richland Parish Hospital Service District in an amount of not less than twenty-five dollars nor more than fifty dollars for each day of his attendance at meetings of the commission, not to exceed twenty-four meetings per year payable out of the funds of the hospital service district.
G. The Hospital Service District Number One of the parish of Avoyelles shall be governed by a board of commissioners composed of seven members. One of the first additional commissioners so appointed shall serve for two years, and one for four years; thereafter, their terms shall be as provided in Subsection C of this Section.
H. In the parish of Allen, the governing authority thereof may increase the number of commissioners to not more than seven members. One of the first additional commissioners so appointed shall serve for two years, and one for four years; thereafter, their terms shall be as provided in Subsection C of this Section.
I. In the parish of Bienville, the governing authority thereof may increase the number of commissioners for the hospital service district therein to not more than seven. Of the commissioners so appointed, three shall serve an initial term of three years, three others shall serve an initial term of four years, and the other member shall serve an initial term of six years.
J.(1) In the parish of Union, the East Union Parish Hospital Service District shall be governed by a board composed of seven commissioners appointed in such a manner that there shall be a resident of each of Wards One, Two, Five, Six, Seven, and Eight of the parish and one at-large member. Such at-large member shall be appointed by the board and shall serve an initial term of two years. The member from Ward One shall serve an initial term of four years. Thereafter, their terms shall be as provided in Subsection C of this Section.
(2) Board members serving on the effective date of this Subsection shall serve until the expiration of their terms, and their successors shall be appointed in such a manner that there shall be a resident of each of Wards Two, Five, Six, Seven, and Eight, all to serve terms as provided in Subsection C of this Section.
K.(1) In the parish of Vermilion, Hospital Service District No. 1 shall be governed by a commission composed of eight members. Each chief of the medical staff at the Abrom Kaplan Memorial Hospital shall be a member of the commission during his term in office. The other additional members provided for by this Paragraph shall be appointed for initial terms of six years each by the police jury of the parish of Vermilion and thereafter shall serve four-year terms.
(2) Notwithstanding any other provision of law to the contrary, the governing authority of Vermilion Parish may permit a per diem to each member of the commission in an amount not to exceed two hundred dollars for each day of his attendance at meetings of the commission not to exceed twenty-four regular meetings per year and twelve special meetings per year, payable out of funds of the hospital service district.
L.(1) The Vermilion Parish Hospital Service District No. 2 shall be governed by a board of commissioners composed of seven members. One member shall be appointed by the parish governing authority from among the physicians who are residents of the district. If no physician is willing to serve, then the parish governing authority may appoint any person who is otherwise eligible to fill the office. Members appointed from among the physicians of the district and members appointed in place of such member shall serve two-year terms. All other members shall serve four-year terms.
(2) Notwithstanding any other provision of this Section to the contrary, the governing authority of Vermilion Parish may permit a per diem to each member of the commission in an amount not to exceed one hundred twenty-five dollars for each day of his attendance at meetings of the commission not to exceed twenty-four regular meetings per year and twelve special meetings per year, payable out of funds of the hospital service district.
M.(1) Notwithstanding any other provisions of this Chapter, any hospital service district formed or created in the parish of Terrebonne under the provisions of this Chapter shall be governed by a board composed of not less than five nor more than eleven commissioners, hereafter referred to as the commission or the board of commissioners, and the parish governing authority shall establish the exact number of commissioners and appoint them.
(2)(a) Insofar as possible the initial commissioners shall be appointed with staggered terms so that a substantially equal number of commissioners are appointed for one-, two-, and three-year initial terms and if eleven commissioners are appointed, four commissioners shall serve for a term of one year, four commissioners shall serve for a term of two years, and three commissioners shall serve for a term of three years.
(b)(i) Notwithstanding any other provision of law to the contrary, the terms of the eleven members of the board of commissioners of Hospital Service District No. 1 of Terrebonne Parish serving on the effective date of this Subparagraph shall be as provided in Item (ii) of this Subparagraph.
(ii)(aa) Of the five commissioners whose terms are set to expire in 2012, the terms of two of such commissioners shall be extended by one year as determined by lot at the first meeting of the board after the effective date of this Subparagraph.
(bb) The terms of the remaining three commissioners whose terms are set to expire in 2012 shall expire in 2012.
(cc) The terms of the three commissioners whose terms are set to expire in 2013 shall be extended by one year.
(dd) The terms of the three commissioners whose terms are set to expire in 2011 shall expire in 2011.
(3)(a) Upon the expiration of the term of a commissioner as provided in Subparagraph (2)(b) of this Subsection, a successor shall be appointed by the parish governing authority for a term of four years.
(b) No person who has been appointed to serve as a commissioner for more than two and one-half terms in three consecutive terms, which period of service began on or after August 15, 1997, shall be appointed for a succeeding term.
(c) All commissioners shall be subject to removal only upon a showing of just cause by the parish governing authority.
(4) If a vacancy occurs for any other reason, a successor commissioner shall be appointed by the parish governing authority for the remainder of the unexpired term.
(5) A commissioner shall hold office until his successor has been appointed and may succeed himself when so appointed by the parish governing authority subject to the limitation provided in Subparagraph (3)(b) of this Subsection.
(6) Each commissioner shall be a registered voter with a minimum of two years prior residency within the parish.
(7) Any board of commissioners in the parish of Terrebonne may contract with the Terrebonne Parish governing authority under the provisions of the Local Services Law and other constitutional and statutory authority with respect to the planning, financing, construction, maintenance, and operation of Terrebonne General Hospital, including but without limitation the issuance of bonds by the hospital district as authorized by law for financing any portion of project cost and the expenditure of hospital bond funds of the parish of Terrebonne, on such terms and conditions as the board of commissioners and the governing authority shall determine to be in the public interest.
(8) The board of commissioners may appoint a hospital director and otherwise provide for the administration of any facilities under its control without the approval of the medical staff as elsewhere required in this Chapter but in so doing may consult with the medical staff or others as the commissioners deem appropriate.
(9) The terms and provisions of any agreement between the board of commissioners, as the governing authority of the hospital district, and the governing authority of the parish of Terrebonne, shall control over other provisions of this Chapter with respect to the planning, financing, construction, maintenance, and operation of Terrebonne General Hospital unless prohibited by law.
N.(1)(a) The governing authority of the parish of Caddo may increase the number of commissioners for the North Caddo Hospital Service District therein to nine. The three additional commissioners so appointed shall each serve an initial term of up to four years.
(b) The initial terms of the three additional commissioners so appointed pursuant to Subparagraph (1)(a) of this Subsection shall terminate as follows: one shall terminate on July 1, 2003, one on July 1, 2004, and one on July 1, 2005.
(c) The commissioners so appointed shall draw lots at the first meeting of the board to determine which commissioner shall serve for each of such initial terms.
(2)(a) The commissioners serving on June 18, 2003, shall continue to serve until the expiration of their current terms; thereafter, each successor of such members shall be appointed to a term of six years. However, if upon the effective date of this Subparagraph the successor to the member whose term expires on July 1, 2003, as provided in Subparagraph (1)(b) of this Subsection, has been appointed to fill such vacancy, such member shall serve a six-year term.
(b) In the event that a commissioner's position on the board should become vacant by reason of death, resignation, or otherwise, prior to the expiration of his term, such vacancy shall be filled for the remainder of the unexpired term.
O. The Acadia-St. Landry Hospital Service District shall be governed by a board of commissioners composed of six members. The additional commissioner herein provided for shall be appointed from the active medical staff serving the district. Notwithstanding the provisions of Subsection C of this Section, the additional commissioner so appointed shall serve a term of two years and his successors shall serve terms of two years. The terms of all other commissioners shall be as otherwise provided in this Section.
P. Notwithstanding any other provision to the contrary, the parish governing authority of Iberia Parish may permit a per diem to each member of the commission in an amount of not less than twenty-five dollars nor more than forty dollars for each day of his attendance at meetings of the commission not to exceed thirty-six meetings per year, payable out of the funds of the hospital service district.
Q.(1) Concordia Parish Hospital Service District Number One shall be governed by a board of commissioners composed of seven members. The two additional commissioners provided for by this Subsection shall be appointed initially by the governor. Each such appointment by the governor shall be submitted to the Senate for confirmation. One of the additional commissioners shall be appointed to serve an initial term of two years and one to an initial term of four years. The initial additional members appointed pursuant to this Subsection may be removed from office for cause and the appointment rescinded by the governor.
(2) Upon expiration of the term of each of the initial two additional commissioners appointed pursuant to this Subsection, the successors of one of such additional commissioners shall be appointed by the police jury of the parish and shall serve six-year terms and be subject to removal as provided in Subsection C of this Section. Each of the successors of the remaining additional commissioner shall be designated as the physician member. The medical staff of the Riverland Medical Center shall elect an active member of the medical staff at the medical center to serve as the physician member. The term of the physician member shall be two years. The physician member is subject to the requirements of Subsection A of this Section that commissioners be qualified voters and residents of the district.
R. The Catahoula Parish Hospital Service District Number One shall be governed by a board of commissioners composed of seven members. The two additional commissioners provided for by this Subsection shall be appointed by the governing authority of Catahoula Parish, shall serve initial terms of six years each, and thereafter shall serve six year terms as provided in Subsection C of this Section.
S. The Catahoula Parish Hospital Service District Number Two shall be governed by a board of commissioners composed of seven members. The two additional members provided for by this Subsection shall be appointed by the governing authority of Catahoula Parish and shall serve initial terms of two years each, and their successors thereafter shall serve six-year terms as provided in Subsection C of this Section.
T. The Lower South Cameron Memorial Hospital Service District shall be governed by a board of commissioners composed of seven members. The two additional members provided for by this Subsection shall be appointed by the governing authority of Cameron Parish and shall serve initial terms of two years each, and their successors thereafter shall serve six-year terms as provided in Subsection C of this Section.
U.(1) The Natchitoches Parish Police Jury may increase the membership of the board of commissioners of the Natchitoches Parish Hospital Service District to not more than seven members. The two additional members provided for by this Subsection shall be appointed by the police jury for initial terms of six years each and their successors shall serve six-year terms.
(2) Notwithstanding any other provision of law to the contrary, one of the members appointed to the Natchitoches Parish Hospital Service District shall be a member of the governing authority of Natchitoches Parish.
V.(1) The Pointe Coupee Parish Hospital Service District Number One, or the Pointe Coupee Parish Health Services District Number One if the hospital service district is so renamed as provided in R.S. 46:1051(D), shall be governed by a board of commissioners composed of nine members. The additional commissioners provided for by this Subsection shall be appointed by the governing authority of Pointe Coupee Parish. Two of the additional commissioners so appointed shall serve initial terms of two years each, and two shall serve initial terms of four years each; thereafter, their successors shall serve six-year terms as provided in Subsection C of this Section.
(2) Notwithstanding any other provision of law to the contrary, two of the members appointed to the board of commissioners of the district may be members of the governing authority of Pointe Coupee Parish.
W. The Rayne Branch Hospital Service District of the parish of Acadia shall be governed by a board of commissioners composed of seven members. The two additional members provided for by this Subsection shall be appointed by the governing authority of Acadia Parish and shall serve initial terms of six years each, and their successors thereafter shall serve six-year terms as provided in Subsection C of this Section.
NOTE: SUBSECTION X AS PER ACTS 1988, NO. 396, §1 AND ACTS 1988, NO. 768, §1:
X. The Plaquemines Parish Hospital Service District Number One shall be governed by a board of commissioners composed of nine members, one from each councilmanic district of Plaquemines Parish. Each such member shall be a qualified voter and resident of the district and shall be appointed by the Plaquemines Parish Council from nominations by the president of Plaquemines Parish. Such members shall serve terms concurrent with the terms of the Plaquemines Parish Council.
NOTE: SUBSECTION X AS PER ACTS 1988, NO. 876, §1:
X. The board of commissioners of the Plaquemines Parish Hospital Service District Number One shall be composed of nine commissioners, one from each of the Plaquemines Parish council districts, who shall be qualified voters and residents of the district, nominated by the parish president or parish council, and appointed by the Plaquemines Parish Council.
Y.(1) The Hospital Service District Number One of East Baton Rouge Parish shall be governed by a board of commissioners composed of nine members.
(2) The two members added to the board by Act 149 of the 2002 First Extraordinary Session shall be appointed by the parish governing authority and shall serve initial terms of four years each, and their successors shall serve four-year terms.
(3) The terms of the members of the board of commissioners in office on the effective date of this Paragraph shall expire as provided by law. The successors of each such member shall be appointed for four-year terms.
(4) At least one member of the board of commissioners shall be a practicing physician who resides in the district.
Z. The Merryville Hospital Service District of Beauregard Parish shall be governed by a board of commissioners composed of seven members. The two additional members provided for by this Subsection shall be appointed by the mayor and board of aldermen of the town of Merryville and shall serve initial terms of two years each, and their successors shall serve six-year terms.
AA. Notwithstanding any provision of this Section to the contrary, the Hospital Service District Number One of St. Landry Parish shall be governed by a board of commissioners composed of seven members. One additional commissioner provided for by this Subsection shall be appointed by the St. Landry Parish Police Jury and shall serve six-year terms and the other additional commissioner shall be the chief of the medical staff of the hospital located within said service district and shall serve a term concurrent with his term as chief of staff.
BB.(1) In the parish of Jackson, the Jackson Parish Hospital Service District shall be governed by a commission composed of five members who possess the qualifications provided in Paragraph (2) of this Subsection. The commission members shall be appointed by a majority vote of the police jury of the parish for six-year terms.
(2) The commission members shall be qualified voters and residents of Jackson Parish and shall possess the following qualifications:
(a) One commission member shall possess financial expertise and be an officer or owner of a bank or group of banks in the parish.
(b) One commission member shall possess legal expertise and be a licensed attorney in good standing in the parish who is not employed by the district attorney's office.
(c) One commission member shall possess medical expertise and be a licensed healthcare professional who practices at the hospital service district hospital in the parish.
(d) One commission member shall possess business or accounting expertise, practice his profession in the parish, and be a licensed certified public accountant or hold a master's degree in business administration.
(e) One commission member shall possess managerial expertise and be employed by a manufacturer located in the parish which has more than two hundred employees and manufactures products made from pulp wood or other fibrous materials.
CC. Hospital Service District No. 1 of Assumption Parish shall be governed by a board of commissioners composed of seven members. The two additional members provided for by this Subsection shall be appointed by the parish governing authority and shall serve initial terms of two years. Such initial terms shall not begin prior to January 1, 1996. Successors to the two additional members shall serve six-year terms.
DD.(1) The Claiborne Parish Hospital Service District Number Three shall be governed by a board of commissioners composed of nine members. The governing authority of Claiborne Parish shall appoint the commissioners as follows:
(a) One member appointed from police jury district numbers one and two.
(b) One member appointed from police jury district numbers three and four.
(c) One member appointed from police jury district numbers five and six.
(d) One member appointed from police jury district numbers seven and eight.
(e) One member appointed from police jury district numbers nine and ten.
(f) Two members appointed, at large, from Claiborne Parish.
(g) Two physicians practicing medicine within Claiborne Parish.
(2) The terms of the initial seven non-physician members shall be determined by lot at the first meeting with one commissioner serving for one year, two commissioners serving for two years, two commissioners serving for three years, and two commissioners serving for four years. Their successors shall each serve four-year terms.
(3) The terms of the initial two physicians shall be determined by the governing authority of Claiborne Parish, prior to the first meeting of the district, with one physician serving for one year and the other physician serving for two years, and their successors shall each serve two-year terms.
(4) All vacancies or replacements shall be filled by appointment by the governing authority of Claiborne Parish. Nothing in this Subsection shall impair or affect the operation of any hospital service district in Claiborne Parish.
EE. In the parish of Beauregard, the Hospital Service District Number Two shall be governed by a board of commissioners composed of ten members. The additional members provided for by this Subsection shall be appointed by the governing authority and shall serve staggered initial terms with two commissioners appointed for two years, two for three years, and one for four years. Thereafter, such additional commissioners shall serve six-year terms as provided in Subsection C of this Section.
FF. Notwithstanding any other provision of law to the contrary and in addition to any other authority granted by law, the governing authority of a parish having a population in excess of twenty thousand eight hundred but not more than twenty-two thousand persons based on the latest federal decennial census may appoint a physician who is an active member of the hospital medical staff of the district to the board of commissioners for a parish hospital service district. Notwithstanding any other provision of law to the contrary, the physician so appointed shall be designated as the physician member of the board of commissioners.
Acts 1988, No. 396, §1; Acts 1988, No. 768, §1; Acts 1988, No. 876, §1; Acts 2019, No. 396, §1Acts 1990, No. 358, §1; Acts 1991, No. 339, §1; Acts 1991, No. 407, §1; Acts 1992, No. 475, §1; Acts 1992, No. 917, §1; Acts 1993, No. 4, §1; Acts 1993, No. 9, §1, eff. May 18, 1993; Acts 1993, No. 494, §3, eff. June 10, 1993; Acts 1995, No. 6, §1, eff. May 25, 1995; Acts 1995, No. 12, §1, eff. May 25, 1995; Acts 1995, No. 582, §1; Acts 1995, No. 934, §1; Acts 1995, No. 1174, §1; Acts 1995, No. 1267, §1; Acts 1996, 1st Ex. Sess., No. 79, §1; Acts 1997, No. 1083, §2; Acts 2000, 1st Ex. Sess., No. 9, §1, eff. April 14, 2000; Acts 2001, No. 360, §1; Acts 2001, No. 687, §1, eff. July 1, 2001; Acts 2002, 1st Ex. Sess., No. 18, §1; Acts 2002, 1st Ex. Sess., No. 37, §1, eff. April 18, 2002; Acts 2002, 1st Ex. Sess., No. 149, §1, eff. April 24, 2002; Acts 2003, No. 400, §§1 and 2, eff. June 18, 2003; Acts 2004, No. 592, §1, eff. July 1, 2004; Acts 2005, No. 313, §1, eff. June 29, 2005; Acts 2008, No. 98, §1; Acts 2011, No. 47, §1; Acts 2011, No. 286, §1, eff. June 28, 2011; Acts 2013, No. 138, §1; Acts 2014, No. 811, §24, eff. June 23, 2014; Acts 2017, No. 139, §1; Acts 2017, No. 149, §1; Acts 2017, No. 156, §1, eff. Feb. 1, 2019; Acts 2018, No. 52, §1; Acts 2018, No. 94, §1; Acts 2018, No. 153, §1, eff. May 15, 2018; Acts 2019, No. 62, §1, eff. June 3, 2019; Acts 2019, No. 346, §1; Acts 2022, No. 321, §§1, 2, eff. June 10, 2022; Acts 2023, No. 122, §1; Acts 2023, No. 232, §1, eff. July, 1, 2023; Acts 2025, No. 430, §1.
NOTE: See Acts 2003, No. 562.
NOTE: See Acts 2006, No. 536.
A. The commission shall elect one of its members chairman and one vice chairman. The chairman of the Acadia-St. Landry Hospital Service District shall vote only in the event of a tie vote.
B. All meetings of the commission shall be held at the domicile of the district established by the police jury. At least three regular meetings shall be held annually. Special meetings may be held at such times and places as shall be specified, by call of the chairman or the police jury.
Acts 1950, No. 420, §4. Amended by Acts 1978, No. 451, §1; Acts 1979, No. 325, §1; Acts 1989, No. 344, §1, eff. June 28, 1989.
A. In addition to the duties defined elsewhere in this Chapter, the commission shall have the duty and authority:
(1) To represent the public interest in providing hospital and medical care in the district.
(2) To advise the police jury and the hospital director on problems concerning the operation of the hospital and other facilities.
(3) To make, alter, amend, and promulgate rules and regulations governing the conduct of the hospital.
(4) To conduct hearings and pass upon complaints by or against any officer or employee of the district.
(5) To review and modify, or set aside any action of the officers or employees of the district which the commission may determine to be desirable or necessary in the public interest.
(6) To appoint, with the approval of the medical staff, a director of the hospital and to perform such other duties as may now or hereafter be required by law.
(7) To appoint the necessary standing and special committees which may be necessary to carry out the purposes of this Chapter.
(8) To establish rates of pay for the use of facilities provided by the district.
(9) To enter into lease agreements with recognized and duly constituted nonprofit associations which are primarily engaged in the operation of hospitals.
B. In addition to the powers and duties set forth in Subsection A of this Section, the commission may enter into a special services agreement with any person, including but not limited to a hospital management firm or hospitals, to manage, operate, and administer a hospital or hospitals, or any part thereof, under the control of the commission for the benefit of the hospital service district. Any special services agreement may include a negotiated lease of the district's facilities where the agreement provides for permanent improvements to be made, constructed, or placed upon the leased facilities in the amount of not less than one million dollars, providing that the term of the lease shall not exceed fifty years, and the lessor shall reserve all mineral rights to any land involved. The term of all such negotiated leases in force on July 1, 1987, may be extended by an additional term not to exceed twenty years, on such terms and conditions as may be negotiated between hospital service districts and their respective lessees. Any lease may be mortgaged, pledged, hypothecated, subleased, transferred, or assigned only for the purpose of financing the permanent improvements. The notice of intent to enter into a special services agreement shall be published in the official journal at least sixty days prior to the effective date of the contract. However, any such hospital service district, including any such district which has contracted with an association or entity primarily engaged in the operation of hospitals to manage, operate, and administer a hospital or hospitals within the hospital service district, shall be considered a public entity as defined under the provisions of R.S. 38:2211(A)(1) and all construction work undertaken shall be performed in accordance with the provisions of R.S. 38:2212. The provisions of this Subsection shall not apply to any facility of the charity hospital system of the state of Louisiana.
C. With approval of the police jury, a commission may without the necessity of competitive bidding or competitive negotiations also enter into special service agreements with any person who is a licensed contractor operating under any contract with the Louisiana Department of Health, whereby the licensed contractor will operate and manage all or any part of any facility owned by the hospital service district, in a manner and for a purpose consistent with the types of services being provided by the licensed contractor under any contract with the Louisiana Department of Health; provided that prior to entering into any such special service agreement, both the police jury and the commission must find that continued operation of all or any part of such facility for hospital purposes is no longer necessary or feasible to accomplish the objects and purposes set forth in R.S. 46:1052. The provisions of this Subsection shall not apply in the parishes of Lafourche and Terrebonne and in Ward 11 of Jefferson Parish.
Added by Acts 1950, No. 420, §5. Amended by Acts 1979, No. 726, §1; Acts 1982, No. 83, §1; Acts 1983, No. 210, §1; Acts 1985, No. 126, §1, eff. June 29, 1985; Acts 1987, No. 327, §1; Acts 1987, No. 837, §2, eff. July 20, 1987.
A. The commission shall enter into a formal written employment agreement with a hospital director, hereafter referred to as "director", who has had experience in the field of hospital administration and is familiar with the principles and methods of hospital and institutional care, and the hospital may enter into a formal written employment agreement with any hospital executive. For purposes of this Section, "hospital executive" includes but is not limited to any senior member of management such as vice president, assistant administrator, or department director. The director and any hospital executive shall be full-time employees of the district or of the hospital management firm. The director shall receive a salary fixed by the commission.
B. If the director and commission enter into a formal written employment agreement, notwithstanding any law to the contrary, such agreement shall bind both parties to its terms. If a hospital executive and hospital, upon the authority of the director, enter into a formal written employment agreement, notwithstanding any law to the contrary, such agreement shall bind both parties to its terms. Such written agreements shall provide for a fixed term of employment, specify the director's or hospital executive's duties, and be renewable for an additional term or terms at the pleasure of the commission or hospital director, respectively. In the absence of a formal written employment agreement, the director shall serve at the pleasure of the commission and the hospital executive shall serve at the pleasure of the director.
C. If a director is found incompetent, inefficient, or unworthy during the term of a written employment agreement, he shall be removable for such cause by a majority vote of the commission at any regular meeting for which the removal appears on the agenda or any special meeting after due notice. The written employment agreement shall also specify that the commission shall give the director official warning and a reasonable opportunity to correct the indicated deficiencies prior to the commission's termination of the agreement.
Acts 1950, No. 420, §6. Amended by Acts 1979, No. 726, §1; Acts 1999, No. 1112, §1; Acts 2017, No. 161, §1; Acts 2018, No. 206, §5.
In addition to the duties imposed upon him by other provisions of this Chapter, it shall be the duty of the director:
(1) To attend all meetings of the commission and to act as secretary and keep the official minutes of the proceedings.
(2) With the consent of the commissioners, and subject to such budgetary limitations and any civil service laws in effect, the director shall have power to establish positions and to make appointments thereto; to establish rates of pay; to abolish positions; to transfer duties among positions; to assign duties to, direct and control the work of, and transfer, promote, demote, remove and otherwise change the status of employees of the district.
(3) To make and publish such reports regarding the work of the district as may be required by law, or which he may be directed to make by the commission.
(4) To see that the policies relating to the conduct of the affairs of the district which have been established by the commission are carried out.
(5) To cooperate with the medical staff in the performance of the policies which it may establish.
(6) To prepare an annual budget for approval by the commission and the police jury.
(7) To recommend to the commission the scale of rates to be charged for services rendered by the district.
(8) To provide for adequate medical records and reports.
(9) To control and direct all business affairs of the district. By way of extension and not of limitation, these duties shall include the keeping of the accounts of the district, making necessary purchase of equipment, supplies and materials, making major and minor repairs to physical facilities.
(10) To receive and receipt for and keep a correct accounting of all gifts, bequests, grants-in-aid, and other revenues received by the district and with the consent of the commission, to expend the proceeds of all such gifts, bequests, grants-in-aid and other revenues for the purpose designated in this Chapter and subject to any conditions that may be imposed in any act of donation or any law providing grants-in-aid or other revenues for such purpose.
(11) To perform any other duties and functions which he or the commission consider necessary or desirable to carry out the purposes of this Chapter.
Acts 1950, No. 420, §7; Acts 2018, No. 206, §5.
The commission shall appoint a medical staff. Such appointments shall be made upon the recommendations of the physicians who are authorized to practice within the hospital.
It shall be the duty of the medical staff:
(1) To provide professional care of the sick and injured in the hospitals;
(2) To give advice and assistance to the commission and director relating to standards of operation and professional problems;
(3) To participate in the educational activities of the district;
(4) To promulgate rules and regulations for the conduct of the medical staff for approval of the commission;
(5) To elect annually one of its members as chief of staff and to elect from its members the heads of any specialized services of the hospital; and
(6) To approve the appointment of the hospital director made by the commission.
Acts 1950, No. 420, §8. Amended by Acts 1952, No. 127, §18.
Upon failure or refusal of the police jury of any parish to organize a hospital service district, they are hereby required to and shall form such district when petitioned to so do upon petition presented to the police jury, signed by not less than twenty-five persons owning or assessed for lands in said districts. In presenting such petition to the police jury, such petition shall set forth substantially the boundaries of the district which is proposed to be organized.
Acts 1950, No. 420, §9.
Any hospital service district thus created and named by any police jury or any parish in the state shall constitute a body corporate in law with all the powers of a corporation, shall have perpetual existence, shall have the power and right to incur debts and contract obligations, to sue and be sued, and to do and perform any and all acts in its corporate capacity and its corporate name necessary and proper for the carrying out of the objects and purposes for which the hospital service district was created. Such hospital service district shall have the right and power of expropriating property for the purpose of acquiring land for any purpose that it may find necessary in the operation of a hospital service district and may require by donation or purchase, any existing hospital facility in the district. It shall also have the power and authority to acquire any and all necessary equipment and buildings for the purpose of performing the objects for which it is formed, and shall own all sites and physical facilities which are acquired either by donation, purchase, expropriation, exchange and otherwise in full ownership.
Acts 1950, No. 420, §10.
In the creation of a hospital service district, the police jury shall at the same time designate a time and place for the first meeting of the said commission, the meeting to take place within sixty days from the date of their appointment. At the first meeting of the commission, they shall proceed to organize by electing a chairman and a vice chairman.
It shall be the duty of the chairman to preside over the meeting of the commission and to perform such other duties as are usually required of presidents or chairmen of the other corporate bodies. It shall be the duty of the vice chairman to act in the absence of the chairman and in case of the disability of the chairman to act.
The commission shall elect the director of the hospital who shall serve as secretary and treasurer for the commission. The director shall furnish a surety bond in a sum equal to the amount of taxes collected in said district during any one year. The premium on this bond shall be paid by the hospital district out of its funds. The commission shall have authority to fix his salary and define his authority and duties not otherwise provided in this chapter. The director shall devote his entire time to said office and shall hold his office at the pleasure of the commission.
Acts 1950, No. 420, §11.
The hospital district or the commission of the hospital district shall have the power, and it shall be their duty to adopt rules and regulations for the proper conduct and operation of any hospital or medical facilities under its administration. They shall have the power and authority to enter into contracts for the construction of hospitals and medical facilities necessary for the administration of services for their district.
Acts 1950, No. 420, §12.
Notwithstanding any other provision of law of this chapter or any other law to the contrary, the police jury of Tensas Parish shall have the power and authority to enter into contracts for the construction of hospitals and medical facilities necessary for the administration of services for their district, and such construction shall be under the authority and administration of said police jury.
Added by Acts 1973, No. 173, §1.
The police jury creating a hospital service district, with corporate powers, shall designate the domicile of such corporation, at which domicile it shall be sued and service of citation made on the director, and in his absence, upon the chairman of the commission, and in his or their absences, then upon the vice chairman of the commission; provided that in fixing the domicile of the district the police jury shall at all times fix the same at some place within the district.
Acts 1950, No. 420, §13.
A. The hospital service districts as defined in R.S. 46:1072 are hereby declared to be political subdivisions of the state, and for the purpose of purchasing and acquiring lands and purchasing, acquiring, constructing and maintaining hospitals, nursing homes, physicians and dentists offices, laboratories, and other physical facilities necessary to carry out the purposes of this Chapter. Title to such land and physical facilities shall be in the public. Such districts shall be subdivisions of the state of Louisiana within the meaning of the laws of Louisiana relating to the voting and levy of special maintenance taxes incurring debt and issuing bonds therefor, including particularly but without limitation R.S. 39:504.1, 515-518, 551-571, 575-577, 611-617, 701-706, and 911, and shall be authorized to issue hospital revenue bonds pursuant to R.S. 39:559.1 and 1011-1024, and as otherwise permitted by law. Hospital service districts are hereby further authorized to issue bonds pursuant to the foregoing to refund outstanding bonded indebtedness whether issued by such hospital service district or by another political subdivision of the state on behalf of such hospital service district or in respect of any hospital facilities owned or operated by any such hospital service district.
B. Each district shall cause to be conducted annually, by a duly qualified certified public accountant, an audit and examination of its books and accounts, said audit to be filed with the legislative auditor within six months after the close of the period audited. The legislative auditor shall have the authority to prescribe the terms and conditions of any such audit conducted by a certified public accountant and to require the district to present said terms and conditions to him for approval prior to the commencement of said audit. The legislative auditor shall have access to the working papers of the accountant during the examination and subsequent to its termination. The legislative auditor is authorized to conduct an independent audit and examination of the books and accounts of any hospital service district pursuant to R.S. 24:513.
Acts 1950, No. 420, §14. Acts 1983, No. 93, §1; Acts 1987, No. 481, §1.
A.(1) Sale of hospital. Notwithstanding any provision of law to the contrary, the sale of Terrebonne General Medical Center, hereinafter the "hospital", by Hospital Service District No. 1 of Terrebonne Parish, hereinafter the "district", shall be in accordance with the provisions of this Subsection. The provisions of this Subsection shall apply to the sale of the hospital pursuant to authority granted by R.S. 33:4341 and R.S. 46:1053(M) and any other authority granted by law.
(2) In order to be eligible for consideration by the board of commissioners of the district, hereinafter the "district governing authority", an offer for the purchase of the hospital shall meet all of the following requirements:
(a) The offer shall be in writing and shall be signed by the person or entity making the offer.
(b) The offer shall contain a complete and detailed statement of all terms and provisions of the sale and shall identify the offeror by giving the full name, address, and type of business entity of the offeror.
(c) The offer shall be accompanied by a certified check for one hundred thousand dollars, as a guaranty of good faith, which check shall be forfeited to the district if the proposed sale is approved but the proponent does not consummate the sale.
(3) When an offer is submitted to the district governing authority in accordance with Paragraph (2) of this Subsection, the affirmative vote of not less than two-thirds of the full membership of the district governing authority shall be required for the district governing authority to accept the offer, which acceptance shall be conditioned upon the approval of the parish governing authority and the voters of the district as provided for in this Subsection. If the district governing authority so votes to accept the offer, it shall recommend the sale of the hospital to the governing authority of the parish for approval. The district governing authority may convene in executive session to consider an offer if the district governing authority determines that such consideration is part of its strategic marketing plan and therefore an executive session is authorized by R.S. 46:1073.
(4) When an offer is submitted to the parish governing authority in accordance with Paragraph (3) of this Subsection, the following shall apply:
(a) Notwithstanding the provisions of R.S. 42:11 et seq. or any other law to the contrary, the parish governing authority may convene in executive session for the sole purpose of considering the approval of the acceptance of the offer.
(b) The parish governing authority shall not vote to place a proposition on the ballot until the parish governing authority holds a public hearing on the question. If an executive session is held pursuant to Subparagraph (a) of this Paragraph, the public hearing shall be held no sooner than two weeks after the first such executive session on the question.
(c) The question of acceptance of the offer shall not be submitted to the district voters pursuant to Subparagraph (d) of this Paragraph unless submission is approved by vote of not less than two-thirds of the full membership of the parish governing authority.
(d) If the parish governing authority votes in the affirmative to approve the acceptance of the offer by not less than two-thirds of its full membership, the parish governing authority shall submit a proposition to approve the sale of the hospital to the voters of the district in an election held for that purpose.
(5) The district shall sell the hospital in accordance with the offer only if the proposed sale is approved by a majority of the qualified electors of the district voting on the proposition at an election held for that purpose and conducted in accordance with the Louisiana Election Code and at which election voter turnout in the district is not less than fifty percent of the registered voters.
B.(1) Lease of hospital. Notwithstanding any provision of law to the contrary, no lease of the controlling interest of the hospital by the district shall be authorized unless all of the provisions of this Subsection have been complied with.
(2) In order to be eligible for consideration by the district governing authority, an offer for the lease of the controlling interest of the hospital shall meet all of the following requirements:
(a) The offer shall be in writing and shall be signed by the person or entity making the offer.
(b) The offer shall contain a complete and detailed statement of all terms and provisions of the lease and shall identify the offeror by giving the full name, address, and type of business entity of the offeror.
(c) The offer shall be accompanied by a certified check for one hundred thousand dollars as a guaranty of good faith, which check shall be forfeited to the district if the proposed lease is approved but the proponent does not consummate the lease.
(3) When an offer is submitted to the district governing authority in accordance with Paragraph (2) of this Subsection, the affirmative vote of not less than two-thirds of the full membership of the district governing authority shall be required for the district governing authority to accept the offer, which acceptance shall be conditioned upon the approval of the governing authority of the parish as provided for in this Subsection. If the district governing authority so votes to recommend acceptance of the offer, it shall recommend the lease to the governing authority of the parish for approval. The district governing authority may convene in executive session to consider the offer if the district governing authority determines that such consideration is part of its strategic marketing plan and therefore an executive session is authorized by R.S. 46:1073.
(4) When an offer is submitted to the parish governing authority for approval in accordance with Paragraph (3) of this Subsection, the following procedures shall be followed:
(a) Notwithstanding the provisions of R.S. 42:11 et seq. or any other law to the contrary, the parish governing authority may convene in executive session for the sole purpose of considering the approval of the offer.
(b) The parish governing authority shall not vote to approve a proposition for the lease of the controlling interest of the hospital until it holds a public hearing on the question. If an executive session is held pursuant to Subparagraph (a) of this Paragraph, the public hearing shall be held no sooner than two weeks after the first such executive session on the matter.
(c) The acceptance by the district of the offer to lease the hospital shall not be approved by the parish governing authority unless the approval is concurred in by a majority of the full membership of the parish governing authority.
(5) The provisions of this Subsection shall not apply to the lease of property by the district which constitutes less than the controlling interest of the hospital, and shall not apply to the lease of incidental property for the provision of incidental, integral, or supplemental functions such as treatment modalities, food services, or concession areas, nor shall it preclude the lease of medical office buildings and facilities associated with such buildings pursuant to and in accordance with R.S. 46:1074.
C.(1) Proceeds. All proceeds from a sale or lease of Terrebonne General Medical Center shall be placed in a permanent endowment trust. The proceeds of the sale or lease shall constitute the principal of such trust and shall remain permanently endowed, in perpetuity, and shall not be removed from trust for any purpose except by a two-thirds vote of the district governing authority and a two-thirds vote of the parish governing authority to purchase Terrebonne General Medical Center or to build a hospital or medical center consistent with the objects and purposes of the hospital service district as set forth in R.S. 46:1051 et seq.
(2) The endowed sale or lease proceeds described in Paragraph (1) of this Subsection shall constitute the principal of the trust, and the sole principal beneficiary of such trust shall be Hospital Service District No. 1 of Terrebonne Parish. All income which accrues on such principal during the first four years following the sale or lease of Terrebonne General Medical Center shall be added to the principal, or corpus, of the trust and shall be endowed and disposed of only in accordance with the provisions of Paragraph (1) of this Subsection.
(3) Beginning with the fifth year of the existence of the trust and every year thereafter twenty-five percent of all income earned by the endowed principal shall be added to the endowed principal of the trust.
(4)(a) Beginning with the fifth year of the existence of the trust, and every year thereafter, the district governing authority acting as a board of trustees for the endowment trust may expend available funds for projects and undertakings within the hospital service district which are consistent with the objects and purposes of the district as set forth in R.S. 46:1051 et seq.
(b) The district governing authority, with a two-thirds vote, may expend up to five percent of available revenues for emergencies affecting the parish governing authority, the parish school board, the Terrebonne Parish Levee and Conservation District, or any levee district with jurisdiction completely within the parish if such expenditure is pursuant to a cooperative endeavor between the district governing authority and the appropriate political subdivision.
(c) Any available funds not used for stated purposes within three years shall be returned to the endowment fund and added to the principal of the trust.
Acts 1997, No. 1083, §2.
A.(1) Notwithstanding any provisions of law to the contrary, the sale of any hospital owned by a hospital service district in Jefferson Parish shall be in accordance with the provisions of this Subsection. The provisions of this Subsection shall apply to the sale of a hospital pursuant to authority granted by R.S. 33:4341 and any other authority granted by law.
(2) The governing authority of the hospital service district shall submit a proposition to approve the sale of the hospital to the voters of the hospital service district in an election held for that purpose.
(3) The hospital service district shall sell the hospital only if the proposed sale is approved by a majority of the qualified electors of the hospital service district voting on the proposition at an election held for that purpose and conducted in accordance with the Louisiana Election Code.
B. The provisions of R.S. 33:4341 shall not apply to the lease of a hospital by a hospital service district in Jefferson Parish; the governing authority of the district may, by its own action, approve the lease of a hospital.
Acts 2001, No. 379, §2; Acts 2013, No. 111, §1, eff. June 5, 2013.
Whenever an election shall be called by the governing body of the district for the purpose of submitting to the qualified electors of any hospital service district the question of incurring debt and issuing bonds for the purpose of acquiring property to be used for hospital purposes, the governing body of the district may in the same election submit to the qualified electors of the district, in the manner provided by Part II of Chapter 4 of Title 39 of the Louisiana Revised Statutes, a proposition to levy a special tax not to exceed five mills on the dollar for a period not to exceed ten years for the purpose of constructing, maintaining and operating the district's hospital facilities.
Acts 1950, No. 420, §15.
Hospital service districts created hereunder shall have full power to do such things and enter into such contracts and agreements with the United States of America or with any state or federal agency or instrumentality as may be necessary to procure aids and grants to assist such districts in carrying out the purposes for which they are created.
Acts 1950, No. 420, §16.
If and when conditions warrant the creation of a hospital service district which comprises all or portions of two or more parishes, the police juries of the parishes to be included in the district shall have full authority to enter into the necessary agreements to establish the district on a cooperative basis, subject to the following conditions:
(1) Each police jury shall, subject to other laws which may be in effect, exercise full discretion on whether it shall enter into such cooperative agreement.
(2) Each police jury shall have authority to appoint commissioners for the district as nearly as possible in proportion to the assessed valuation of the property of the parish in the district.
(3) Each police jury shall receive such reports as are necessary on the entire operations of the district.
(4) Each police jury shall have the authority to review the work of the entire district to the same extent as is authorized herein when the entire district is within the parish.
(5) The police juries have authority to appoint committees composed of its members who reside within the hospital district to review the work of the district and make recommendations to the police juries involved.
Acts 1950, No. 420, §17.
Hospital service districts created hereunder acting through the governing authority thereof, shall have full power to establish and maintain actuarially sound pension and retirement systems in the benefits of which shall be included all appointive officers and employees of such districts. All officers and employees of any such district who are already or who will be included by reason of their employment in the benefits of any other pension and retirement system heretofore established by laws other than the Federal Social Security Act, shall be excluded from the benefits of the pension and retirement system established as authorized herein, and nothing herein contained shall be held or construed as affecting the provisions of such other pension and retirement system laws. When any actuarially sound pension and retirement system is established by the adoption of an ordinance or ordinances by commission of any hospital service district, hereunder, such pension and retirement system shall in all respects have the force and effect of law. Hospital service districts hereunder may make contributions into the said pension and retirement systems out of available funds of the said districts, and may make contracts of insurance with any insurance company legally authorized to do business in this state, insuring its officers and employees under policies of group insurance covering hospitalization, pension, and retirement for such officers and employees, and may agree to match payments of officers and employees for the premiums and charges for any such contracts payable out of the funds of the said district. Districts may enter into such other contracts, including Trust Agreements with banks having trust powers, which contracts are necessary and incidental to creating and maintaining an actuarially sound pension and retirement system.
Added by Acts 1964, No. 486, §1.
A. Notwithstanding the provisions of R.S. 33:5151 and R.S. 42:851, a hospital service district may pay, on behalf of its directors, officers, and employees, the full cost of coverage, whether through a self-funded plan, a contract with an insurer, or otherwise, for life, health, and accident insurance.
B. A hospital service district may pay, on behalf of its directors, officers, and employees, the full cost of coverage, except for any required copayment of health care benefits, provided by a health maintenance organization.
Acts 1987, No. 753, §1.
Hospital service district hospitals may contract for materials, services, or supplies under a shared service or group purchasing arrangement with other hospitals, public and/or private, subject to the provisions of R.S. 38:2212.
Added by Acts 1978, No. 426, §1.
A. Except as provided in Subsection C of this Section, nothing in this Chapter shall be construed to prevent or prohibit a hospital service district created pursuant to this Chapter from leasing and operating a licensed nursing home, as defined in R.S. 40:2009.2, that is located within the boundaries of that hospital service district or outside the boundaries of that hospital service district but within the state of Louisiana.
B.(1) If a hospital service district determines to lease and operate a licensed nursing home within thirty-five miles of a hospital service district hospital in an adjoining hospital service district, then the hospital service district shall provide sixty days written prior notice to the governing authority of the parish in which the licensed nursing home is located.
(2) If the governing authority of the parish does not provide written notice of objection to the hospital service district within the required sixty days, then the hospital service district may lease and operate the licensed nursing home.
(3) If the governing authority of the parish in which the licensed nursing home is located objects in writing within the required sixty days, and after a good-faith effort is made to reach an agreement between the governing authority of the parish and the licensed nursing home, and an agreement is not reached, then the hospital service district may lease and operate the licensed nursing home.
C.(1) A hospital service district shall not operate a licensed nursing home in any parish having a population of not less than four hundred thirty thousand and not more than four hundred thirty-five thousand according to the latest federal decennial census or in any parish having a population of not less than one hundred ten thousand and not more than one hundred fifteen thousand according to the latest federal decennial census without either being the service district hospital where the licensed nursing home is located or receiving the approval of the hospital service district where the licensed nursing home is located.
(2) If a hospital service district does not grant approval to another hospital service district for operation of a licensed nursing home as provided in Paragraph (1) of this Subsection, then the hospital service district refusing to grant approval shall be prohibited from operating a licensed nursing home outside of its district boundaries.
(3) If a hospital service district specified in Paragraph (1) of this Subsection is unable to lease or operate a licensed nursing home, then nothing in this Chapter shall limit a hospital service district within the state of Louisiana from operating a licensed nursing home in that parish in accordance with the provisions of Subsection A of this Section.
(4) If a hospital service district located in a parish identified in this Subsection has not operated a licensed nursing home by August 1, 2020, then the provisions of this Subsection shall not apply to that hospital service district and the provisions of Subsection A of this Section shall apply.
Acts 2015, No. 446, §1, eff. July 1, 2015.
The legislature hereby finds that the market for hospital and health care services is becoming increasingly competitive. The legislature finds that hospital and other health care providers are contracting to engage in economic joint ventures or form partnerships to offer integrated health care services to the public. The legislature finds that this increasing competition is forcing hospitals and other health care providers to develop market strategies and strategic plans to effectively compete. The legislature further finds that hospital service districts are presently at a competitive disadvantage. The legislature hereby declares that the purpose of R.S. 46:1071 through 1076 is to enhance the ability of a hospital service district to compete effectively and equally in the market for health care services. Towards this end, the provisions of R.S. 46:1071 through 1076 shall be construed liberally.
Acts 1984, No. 322, §1.
As used in this Subpart, the following words and phrases shall have the following meanings ascribed for each unless the context clearly indicates otherwise:
(1) "Hospital health services" means but is not limited to any clinical, diagnostic, or rehabilitation service and any administrative, managerial, or operational service incident thereto.
(2) "Hospital service district" means:
(a) A political subdivision of the state of Louisiana organized pursuant to an Act of the Legislature of Louisiana or pursuant to R.S. 46:1051 et seq.
(b) A hospital owned by a city, parish, or other political subdivision of the state of Louisiana or a hospital owned or operated by the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College.
(3) "Hospital service district commission" means the governing authority or managing board of a hospital service district as defined herein.
(4) "Market strategies" means any plan, strategy, or device developed or intended to promote, sell, or offer to sell any hospital health service.
(5) "Strategic plan" means any plan, strategy, or device developed or intended to construct, operate, or maintain a health facility or to engage in providing, promoting, or selling a hospital health service, including any type of information related to the implementation or maintenance of the plan, strategy, or device.
(6) "Tangible benefit" means but is not limited to any of the following:
(a) Any reasonable expectation of a demonstrable increase in or maintenance of usage of the provider's services.
(b) Any contractual provision requiring quality control of patient care and participation in a resource monitoring procedure.
(c) Any reasonable expectation of prompt payment for any service rendered.
Acts 1984, No. 322, §1; Acts 1987, No. 481, §1; Acts 1995, No. 1074, §1; Acts 1997, No. 3, §7, eff. July 1, 1997; Acts 2024, No. 522, §1.
A. In addition to powers and duties otherwise provided and notwithstanding any law to the contrary, a hospital service district may develop marketing strategies for its existing hospital health services or any hospital health service to be provided in the future and may develop strategic plans for the development of any future hospital health service or facility.
B. Notwithstanding the provisions of R.S. 42:11 et seq. or any other law to the contrary, a hospital service district commission may hold an executive session for the discussion and development of marketing strategies and strategic plans.
C. Notwithstanding the provisions of R.S. 44:1 et seq. or any other law to the contrary, any marketing strategy and strategic plan of a hospital service district commission and the facility owned or operated by the district shall not be public record and shall be confidential but shall be subject to court subpoena.
Acts 1984, No. 322, §1.
A. Notwithstanding any provision of law to the contrary, a hospital service district may invest its funds as provided by law for investment of funds of the Louisiana State Employees Retirement System, including but not limited to R.S. 11:263; however, any such investment may be made only in compliance with rules and regulations established by the hospital service district commission and in compliance with the provisions of R.S. 11:263 and any other law which provides for investments in which funds of the Louisiana State Employees Retirement System may be invested.
B. This Section shall be applicable to a hospital service district as defined in R.S. 46:1072, other than a hospital owned by the state.
Acts 2012, No. 264, §2, eff. July 1, 2012.
A. In addition to the powers and duties otherwise provided and notwithstanding the provisions of R.S. 41:1211 et seq. or any other law to the contrary, a hospital service district commission and any health facility it owns or operates may acquire, construct, and maintain medical office buildings and facilities and may negotiate the lease of such medical office buildings and facilities or portions thereof provided the lease rental shall be sufficient to recoup over a period of twenty years the capital investment of such hospital service district commission or that of any health facility it owns or operates. Such contract of lease may provide for uniform, staggered, or indexed rental payments, but no balloon rental payments shall be allowed.
B.(1) In addition to the powers otherwise provided and notwithstanding any other law to the contrary, a hospital service district commission, whether created under this Title or otherwise, and any health facility it owns or operates may sell and convey immovable property to any person or legal entity if the fair market value of the property, as determined by an appraisal, does not exceed:
(a) Two hundred fifty thousand dollars for a hospital service district commission owning or operating a hospital with a licensed bed capacity of one to fifty-nine beds.
(b) Five hundred thousand dollars for a hospital service district commission owning or operating a hospital with a licensed bed capacity of sixty to one hundred twenty beds.
(c) One million dollars for a hospital service district commission owning or operating a hospital with a licensed bed capacity of one hundred twenty-one beds to one hundred seventy-four beds.
(d) Thirty percent of the total appraised value of a hospital service district's immovable assets for a hospital service district commission owning or operating a hospital with a licensed bed capacity of one hundred seventy-five beds or more.
(2) Prior to the sale and conveyance authorized by Paragraph (1) of this Subsection, the hospital service district commission shall adopt a resolution declaring the immovable property sought to be sold and conveyed to be unnecessary for the operations of such hospital service district or any health facility it owns or operates.
(3) Within six months prior to the sale and conveyance authorized by Paragraph (1) of this Subsection, the hospital service district commission shall obtain an appraisal of the immovable property to be sold or conveyed. The immovable property of the hospital service district or any health facility it owns or operates shall not be sold and conveyed for less than ninety percent of the appraised value.
(4) Prior to the sale and conveyance authorized by Paragraph (1) of this Subsection, the hospital service district commission shall obtain the documented approval of the governmental authority charged with the appointment of the commissioners to the hospital service district if the appraised value of the immovable property to be sold and conveyed exceeds:
(a) One hundred thousand dollars for a hospital service district commission owning or operating a hospital with a licensed bed capacity of one to fifty-nine beds.
(b) Two hundred thousand dollars for a hospital service district commission owning or operating a hospital with a licensed bed capacity of sixty to one hundred twenty beds.
(c) Three hundred thousand dollars for a hospital service district commission owning or operating a hospital with a licensed bed capacity of one hundred twenty-one beds or more.
(5)(a) A sale and conveyance conducted under the provisions of this Subsection shall not require a public referendum or public advertisement.
(b) A sale and conveyance conducted under the provisions of this Subsection shall not be subject to any public bid law.
(c) Nothing in this Subsection shall prohibit or limit the sale and conveyance of immovable property owned by a hospital service district or any health facility it owns or operates pursuant to any other provision of law.
(d) The provisions of this Subsection shall not apply to a hospital owned or operated by the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College.
C. The term "licensed bed capacity" as used in this Section means the number of beds authorized for the hospital under licensing by the Louisiana Department of Health.
Acts 1984, No. 322, §1; Acts 1985, No. 564, §1, eff. July 12, 1985; Acts 1997, No. 683, §1; Acts 2001, No. 196, §1.
In addition to the powers and duties otherwise provided and notwithstanding the provisions of R.S. 43:111 et seq. or any other law to the contrary, a hospital service district commission and any health facility owned or operated by such commission may advertise in any medium including but not limited to a newspaper, book, pamphlet, billboard, periodical, or radio and television station.
Acts 1984, No. 322, §1.
Notwithstanding the provisions of R.S. 42:61 et seq. or any other law to the contrary, members of the medical staffs of hospital service district facilities may serve on the hospital service district commission.
Acts 1984, No. 322, §1.
As provided in R.S. 42:1170, certain hospital employees shall be exempt from mandatory ethics education and training.
Acts 2013, No. 422, §2.
In addition to the powers and duties otherwise provided and notwithstanding any other law to the contrary, the board of commissioners of a hospital service district and any corporation or health facility owned or operated by such district or commission may contract with or engage in a joint venture with any person, corporation, partnership, or group of persons to offer, provide, promote, establish, or sell any hospital health service. A hospital service district commission contracting with or engaging in a joint venture with any person, corporation, partnership, or group of persons to offer, provide, promote, establish, or sell a hospital health service shall be presumed to be engaged in a cooperative endeavor as provided by Article VII, Section 14(C) of the Constitution of Louisiana. The commission shall be further presumed to have entered into such contract for the purpose of obtaining a tangible benefit and for a public purpose, and such contract shall not be presumed to be a donation in contravention of Article VII, Section 14(A) of the Constitution of Louisiana.
Acts 1985, No. 125, §1, eff. June 29, 1985; Acts 1995, No. 1074, §1.
Repealed by Acts 2018, No. 661, §10.
Repealed by Acts 2018, No. 661, §10.
Repealed by Acts 2018, No. 661, §10.
A.(1) A parish hospital service district is hereby created and shall be composed of all of the following areas, except as specifically excluded in this Part:
(a) East Baton Rouge Parish.
(b) Any parish whose boundary is contiguous to East Baton Rouge Parish.
(c) West Feliciana Parish.
(2) The hospital service district shall be known as the "Parish Hospital Service District for the Parish of (name of parish having the greatest population in the district)", hereinafter referred to in this Part as the "district". The boundaries of the district shall be coterminous with the boundaries of the parishes listed in Paragraph (1) of this Subsection.
(3) However, the district shall not include any parish with a population of less than fifteen thousand persons based on the latest federal decennial census.
B.(1)(a) The district shall be governed by a board of commissioners, hereinafter referred to as the "commission", appointed by the governor from a list of qualified voters and residents of the parish recommended by the parish governing authority as provided in Subparagraph (b) of this Paragraph. If the governor does not choose to appoint a member from the list of recommendations submitted by the parish governing authority, he may request the governing authority to submit additional recommendations. As far as practicable, one-third of the commissioners shall be appointed for an initial term of two years, one-third shall be appointed for an initial term of four years, and one-third shall be appointed for an initial term of six years. Upon expiration of their respective terms of office, the successors to such appointees shall be appointed within thirty days for six-year terms. Each appointment by the governor shall be made subject to Senate confirmation. If the parish governing authority fails to submit recommendations for an initial or subsequent appointment to the commission or if the parish governing authority fails to submit additional recommendations when requested by the governor, then the governor shall appoint a person who is a qualified voter and resident of the parish to the commission without recommendation from the parish governing authority.
(b) One member shall be appointed to serve on the board of commissioners from each parish included in the district; however, the board membership shall be increased and additional members appointed to serve on the board until a majority of the members of the board are qualified voters and residents of the parish of East Baton Rouge.
(2) The parish governing authority may permit a per diem to each member of the commission in an amount of not less than twenty-five dollars nor more than forty dollars for each day of his attendance at meetings of the commission, not to exceed twelve meetings per year payable out of the funds of the parish hospital service district.
(3) Any member of the commission may be removed from office for cause and his appointment rescinded by two-thirds vote of the elected membership of the parish governing authority.
C. In addition to the powers, duties, functions, and responsibilities provided in this Part, a parish hospital service district created pursuant to this Part shall have all the general powers, duties, functions, and responsibilities of a hospital service district created pursuant to the general provisions of Part I of this Chapter.
Acts 2003, No. 1214, §1, eff. July 3, 2003; Acts 2011, 1st Ex. Sess., No. 14, §1.
A. The commission shall elect one of its members chairman and one vice chairman.
B. All meetings of the commission shall be held at the domicile of the district which shall be established by the parish governing authority. At least three regular meetings shall be held annually. Special meetings may be held at such times and places as shall be specified, by call of the chairman or the police jury.
Acts 2003, No. 1214, §1, eff. July 3, 2003.
A. The commission shall have all the general powers, duties, functions, and responsibilities of a hospital service district created under the general provisions of Part I of this Chapter. Notwithstanding any other provision of law to the contrary, no tax or bonded indebtedness shall be imposed or incurred in favor of a parish hospital service district authorized in this Part unless the tax or bonded indebtedness is approved by a majority of the electors of each parish in the district voting in a special election called for that purpose.
B. In addition to the powers, duties, functions, and responsibilities granted hospital service districts created pursuant to Part I of this Chapter, the parish hospital service district created under this Part may construct or acquire a new general hospital facility in the parish or renovate an existing general hospital facility in the parish and provide for the operation of such facility.
C. The district, acting through the board of commissioners, may construct a new general hospital facility and lease such facility to any state or local agency, department, or other entity, including the Louisiana State University Health Sciences Center - health care services division, which lease shall also provide for the general operation of such general hospital facility.
Acts 2003, No. 1214, §1, eff. July 3, 2003.
A. A parish hospital service district is hereby created in the parish of Orleans.
B. The domicile of the hospital service district shall be Orleans Parish.
C.(1) The hospital service district shall be known as the "Parish Hospital Service District for the parish of Orleans", hereinafter referred to in this Part as the "district". The boundaries of the district shall be coterminous with the boundaries of Orleans Parish.
(2) The district shall be divided into two areas as follows: (a) Orleans Parish east of the Industrial Canal and (b) all of Orleans Parish except the geographical areas east of the Industrial Canal and the area of Orleans Parish bounded by Earhart Boulevard, Carrollton Avenue, Loyola Avenue, and Iberville Street.
D. Repealed by Acts 2022, No. 252, §4.
Acts 2006, No. 830, §1, eff. July 5, 2006; Acts 2022, No. 252, §4.
A. The two areas of the district shall be governed by separate governing boards. Each area of the district shall be governed by a board of thirteen commissioners, referred to in this Part as the "commission", who shall be qualified voters and residents of Orleans Parish and who shall reflect the ethnic, cultural, and gender diversity of the parish.
B. Each commission shall be composed as follows:
(1)(a) Five members shall be appointed by the chief executive officer of the parish. Each member shall demonstrate expertise in one or more of the following areas: medical litigation, fundraising and philanthropy, accounting, business development, indigent care, community relations, government relations, women's health, minority health, geriatric medicine, nursing, any other medical field, or consumer advocacy.
(b) Four of the five members shall be appointed at the discretion of the chief executive officer. One member shall be appointed by the chief executive officer from three nominees submitted by the member of the governing authority of the city of New Orleans whose district encompasses all or the greater portion of the area in which the district is located.
(2) One consumer shall be appointed by the chief executive officer of the parish.
(3) The chancellor of the Louisiana State University-Health Sciences Center School of Medicine or his designee.
(4) The chancellor of the Tulane University School of Medicine or his designee.
(5) The president of the New Orleans Medical Association or his designee.
(6) The president of the Orleans Parish Medical Society or his designee.
(7) The director of the city of New Orleans Department of Health.
(8) The member of the Louisiana House of Representatives who represents House District 100 or his designee.
(9) The member of the Louisiana Senate who represents Senate District 3 or his designee.
C.(1) Members initially appointed pursuant to Paragraph (B)(1) of this Section shall be appointed to staggered initial terms with two appointments for one year, two appointments for two years, two appointments for three years, and one appointment for four years. At the expiration of their respective terms of office, the successors to such appointees shall be appointed to four-year terms.
(2) The member serving pursuant to Paragraph (B)(2) of this Section shall serve at the pleasure of the chief executive officer of the parish.
(3) The members serving pursuant to Paragraphs (B)(3) through (9) of this Section shall serve during their terms of office.
(4) Any vacancy in the membership of the commission occurring by reason of the expiration of term of office, death, resignation, disqualification, or otherwise shall be filled in the same manner as the original appointment within thirty days of such vacancy. If the appointing authority fails to fill the vacancy within thirty days of such vacancy, the remaining members of the commission shall appoint an interim successor to serve on the commission until the position is filled by the appointing authority. In addition, an appointment to fill a vacancy that occurs prior to the expiration of a term shall be for the remainder of the unexpired term.
D. Any member of the commission may be removed from office for cause and his appointment rescinded by two-thirds vote of the elected membership of the parish governing authority.
Acts 2006, No. 830, §1, eff. July 5, 2006; Acts 2010, No. 702, §2; Acts 2010, No. 702, §2; Acts 2011, No. 278, §1, eff. June 28, 2011; Acts 2024, No. 372, §1.
A. The commission shall elect one of its members chairman and one vice chairman.
B. At least five regular meetings shall be held annually. Special meetings may be held at such times and places as shall be specified by call of the chairman.
C. Meetings shall be open to the public. The commission shall have the right to discuss items in a confidential executive session.
Acts 2006, No. 830, §1, eff. July 5, 2006.
A. The commission and district shall have all the general powers, duties, functions, and responsibilities of a hospital service district created under Part I of this Chapter. Each commission created under this Part may construct or acquire a new general hospital facility in Orleans Parish or renovate an existing general hospital facility in Orleans Parish and provide for the operation of such facility.
B. Each commission is further authorized to lease any such facility to any state or local agency, department, or other entity.
C. No hospital shall be constructed or acquired pursuant to this Part until a professionally prepared financial feasibility study is completed, the findings of such study have been reported to the committees on health and welfare of the Senate and House of Representatives pursuant to R.S. 40:1094(D), and the report has been approved by the Louisiana Department of Health. Such study shall include an examination of the financial feasibility of staffing such an entity under the then current conditions, the funding of the construction or acquisition, and the costs of annual operation of the hospital. The study shall be conducted by a firm qualified for such purposes by the FHA 242 mortgage program.
D. Nothing in this Part shall be construed to adversely affect the authority of any constitutionally created higher education management board, nor shall any entity created pursuant to this Part regulate any medical facility or higher education facility under the control of a constitutionally created higher education management board.
Acts 2006, No. 830, §1, eff. July 5, 2006; Acts 2011, No. 278, §1, eff. June 28, 2011.
A. There is hereby created a hospital service district in St. Tammany Parish, hereafter to be termed the St. Tammany Parish Hospital Service District No. 2, a political subdivision of the state, referred to in this Part as the "district". The district is hereby granted all of the rights, powers, privileges, and immunities accorded by law and the Constitution of Louisiana to political subdivisions of the state, subject to the limitations provided in this Part.
B. The district shall be comprised of all territory within Wards 6, 7, 8, and 9 of St. Tammany Parish and shall own and operate the Slidell Memorial Hospital.
C. The district is created for the following purposes:
(1) To own and operate healthcare facilities, including but not limited to hospitals, for the care of persons suffering from illness or disability.
(2) To administer other activities related to a healthcare provision or promotion or to the promotion of the financial viability of the district.
(3) To promote and conduct scientific research and training related to health care.
(4) To participate, so far as circumstances may warrant, in any activity designated and conducted to promote the general health of the community. The district shall cooperate with the parish health department in the detection, prevention, and combating of any illness, mass immunization and screening tests, or public health education that contributes to the best interest of the public.
(5) To cooperate with other public and private institutions and agencies engaged in providing health services to the public.
D. The district shall constitute a body corporate in law with all the powers of a corporation; shall have perpetual existence; and shall have the power and right to incur debts and contract obligations, to sue and be sued, and to do and perform any and all acts in its corporate capacity and its corporate name necessary and proper for the carrying out of the objects and purposes for which the district was created. The district shall have the right and power of expropriating property for the purpose of acquiring land for any purpose that it may find necessary in the operation of a hospital service district and may acquire by donation or purchase, any existing hospital facility in the district. It shall also have the power and authority to acquire any and all necessary equipment and buildings for the purpose of performing the objects for which it is formed, and shall own all sites and physical facilities, which are acquired either by donation, purchase, expropriation, exchange, or otherwise, in full ownership. The provisions of this Subsection shall be subject to the limitations of this Part.
E. The district shall have an audit and examination of its books and accounts conducted annually by a qualified certified public accountant. The audit shall be filed with the legislative auditor within six months after the close of the period audited. The legislative auditor shall have the authority to prescribe the terms and conditions of the audit conducted by a certified public accountant and to require the district to present the terms and conditions to him for approval prior to the commencement of the audit. The legislative auditor shall have access to the working papers of the accountant during the examination and subsequent to its termination. The legislative auditor shall be authorized to conduct an independent audit and examination of the books and accounts of the district pursuant to R.S. 24:513.
F. The district may establish by resolution any healthcare facility as a profit or nonprofit corporation as defined by law. The district shall have a corporate seal. Copies of all the regulations and copies of proceedings of the board certified by its secretary-treasurer, under its corporate seal, shall be received in all courts as prima facie evidence of the acts and proceedings of the commission.
Acts 2020, No. 365, §1, eff. June 12, 2020.
A. The domicile of the board shall be the Slidell Memorial Hospital in Slidell, Louisiana.
B. In order to provide for effectuation of the purposes of the district, the district shall be administered and governed by a board of commissioners, referred to in this Part as the "board", comprised of nine commissioners as follows:
(1) Seven members, appointed pursuant to R.S. 46:1098.5, all of whom shall be registered to vote in and shall be residents and domiciliaries of Wards 6, 7, 8, or 9 of St. Tammany Parish for not less than two years prior to appointment.
(2) Two members shall be appointed by Slidell Memorial Hospital pursuant to R.S. 46:1098.4.
Acts 2020, No. 365, §1, eff. June 12, 2020.
A. Commissioners appointed to the board, except those named by the Slidell Memorial Hospital medical staff, shall be chosen by the appointing authority as provided for in R.S. 46:1098.5, from nominations received from the nominating committee composed of nine members as provided in this Section. Members of the permanent nominating committee shall be appointed from entities outlined in this Section and shall submit a copy of their appointments to the state senator in whose district Slidell Memorial Hospital resides. The state senator shall be responsible for ensuring the proper appointment of all members of the nominating committee pursuant to this Section, calling and providing proper notice of all meetings of the nominating committee, and maintaining all appropriate documentation of the nominating committee. The nominating committee shall select annually a chairman to conduct meetings of the committee.
B. The nominating committee shall be composed as follows:
(1) Three persons, appointed jointly by the mayor and the city council of Slidell, who reside within the city limits of Slidell.
(2) Three persons, appointed jointly by the parish president and the parish governing authority of St. Tammany Parish, who reside within the geographical boundaries of the district.
(3) Three persons, appointed jointly by the legislative delegation comprised of all state representatives and senators who represent all or part of Wards 6, 7, 8, or 9 of St. Tammany Parish. The legislative delegation shall choose among nominees of the Slidell Memorial Hospital medical staff.
C. All members of the nominating committee shall serve terms of three years.
D.(1) All members of the nominating committee shall:
(a) Seek applications from the community as a whole by widely publicizing the openings on the board of commissioners' website and in the newspaper of public record.
(b) Seek applications from a broad section of community organizations and shall obtain nominations from each of Wards 6, 7, 8, and 9 of St. Tammany Parish where feasible.
(2) Public interviews of the applicants shall be conducted.
(3) The nominating committee shall attempt to identify whether any potential nominee has a conflict of interest that would preclude his or her participation as a member of the board of commissioners under the Louisiana Code of Governmental Ethics.
E. The nominating committee should make every reasonable effort to include in its nominations at least one person from each of the following categories:
(1) A member of the Louisiana State Bar Association in good standing who has considerable experience or expertise in hospital representation.
(2) A certified public accountant authorized to practice in Louisiana with a minimum of five years experience in audit and financial procedures of hospitals.
(3) A person with at least a bachelor's degree and five years of financial experience in commercial and bond work.
(4) An insurance executive with at least a bachelor's degree and five years experience in the area of group benefits and managed care issues.
(5) A health professional with five years experience in the previous ten years in either a hospital or other direct care setting.
(6) A business executive with at least an MBA or equivalent degree and five years of experience in operating a large business corporation or large nonprofit corporation.
F. Members of the nominating committee shall not be public officials.
G. The nominating committee shall hold interviews in a public forum and as a result of the forum present to the appointing authority, pursuant to this Section, a list of a minimum of two and a maximum of three nominees for each position to be filled.
Acts 2020, No. 365, §1, eff. June 12, 2020.
The board members from the Slidell Memorial Hospital medical staff shall be nominated and appointed as follows:
(1) Two practicing medical staff members of Slidell Memorial Hospital shall be nominated by the medical staff of the hospital. One nominee shall be the current chief of the medical staff or his medical staff designee, and the other shall be a staff member who regularly treats patients at the hospital and who has the majority of his practice at Slidell Memorial Hospital. Both physician nominees shall have long-standing professional ties to Slidell Memorial Hospital. Medical staff nominees are not required to reside within the geographical boundaries of the district.
(2) The appointing authority shall appoint as members of the board the two nominees of the medical staff.
(3)(a) Notwithstanding any other provision of law to the contrary, a licensed physician who is a member or former member of the board of commissioners elected pursuant to this Section, is not prohibited from contracting, subcontracting with another provider who contracts, owning an interest in an entity that contracts, or accepting employment with Slidell Memorial Hospital, provided that the contract is related to the licensed physician's practice of medicine or expertise as a licensed physician. However, such licensed physician shall recuse himself from participating in any transaction before the board relating to any contracts permitted by this Paragraph and entered into by him, by a provider with which he subcontracts, or by any entity in which he owns an interest.
(b) All contracts permitted by this Section, entered into while the physician is a member of the board of commissioners, shall be disclosed to the Louisiana Board of Ethics within thirty days of the execution of the contract. The disclosure shall include the parties to the contract, the purpose of the contract, and the date the contract was executed.
Acts 2020, No. 365, §1, eff. June 12, 2020.
A. The members of the board of commissioners shall be appointed in a public forum by the appointing authority from the list of nominees within thirty days of receipt of the nominations pursuant to R.S. 46:1098.3.
B. The appointing authority shall be composed of seven members as follows:
(1) One appointee of the Slidell city council who resides within the city limits of Slidell.
(2) One appointee of the mayor of Slidell who resides within the city limits of Slidell.
(3) One appointee of the St. Tammany Parish council who resides within the geographical boundaries of the district.
(4) One appointee of the St. Tammany Parish president who resides within the geographical boundaries of the district.
(5) One appointee of the governing authority of the town of Pearl River who resides within the corporate limits of Pearl River.
(6) The state senator and the state representative in whose district Slidell Memorial Hospital resides, or their designees.
C. The state senator shall be responsible for ensuring the proper appointment of all members of the appointing authority pursuant to this Section, calling and providing proper notice of all meetings of the appointing authority, and maintaining all appropriate documentation of the appointing authority. The state senator shall serve as the chairperson of the appointing authority.
D.(1) The appointing authority members who are not elected officials shall serve terms of three years.
(2) Elected officials serving on the appointing authority may serve for a term commensurate with their term of office.
E. For board vacancies expected due to term limits, the appointing authority shall conduct their meetings and fulfill their duties by December fifteenth of each year in order that each appointee may have six months to observe and orient to the board prior to taking their office on July first of the following year. Orienting appointees shall be compensated at a per diem rate and for reasonable expenses for attending meetings or education sessions of the board prior to taking office.
Acts 2020, No. 365, §1, eff. June 12, 2020; Acts 2021, No. 49, §1.
A.(1) No person owning or possessing any property interest in any of the stocks, bonds, or other securities issued by any private hospital located in the same area served by the district, and no person who is a director or other officer of any private hospital shall be eligible for or hold any position on the board of commissioners except those positions to be named by the Slidell Memorial Hospital medical staff.
(2) With respect to privileges at any district hospital, such a decision regarding a person owning or possessing any property interest in any of the stocks, bonds, or other securities issued by a private hospital located in the same area served by the St. Tammany Parish Hospital Service District No. 2 is strictly left to the discretion of the board of commissioners. Such an interest shall not require the suspension of or the rejection of a request for privileges at a service district hospital; however, privileges may be suspended or denied based upon such an ownership interest.
(3) For the purposes of this Subsection, the possession or ownership of an interest, stocks, bonds, or other securities by the spouse or minor children of any person shall be considered to be the possession or interest of such person.
B.(1) Members of the board are eligible for reappointment by the appointing authority. Any vacancy on the commission shall be filled for the remaining portion of the term in the same manner as the original appointment.
(a) No member of the board, whether appointed by recommendation of the nominating committee or the medical staff, shall serve more than three consecutive terms. One term shall consist of four years, with the exception of Subparagraphs (b) and (c) of this Paragraph.
(b) If an appointee is named to fill the term of a member who has left the board and less than two years remain in the term, that appointee's term shall not be considered one of the three consecutive terms to which a member is limited.
(c) If an appointee is named to fill the term of a member who has left the board and more than two years remain in the term, that appointee's term shall be considered one of the three consecutive terms to which a member is limited.
(d) All vacancies on the board shall be filled by the appointing authority within sixty days of the vacancy.
(2) Notwithstanding any other provision of law to the contrary, any member of the board who is a licensed physician shall not be prohibited from contracting or accepting employment with Slidell Memorial Hospital following expiration of his service on the board of commissioners.
C. Any commissioner may be removed by majority vote of the board or by the appointing authority, but only for cause, including misconduct, incompetency, or neglect of duty, and on charges preferred against the member in writing and after public hearing and proof of the sufficiency of such charges. Any commissioner so removed shall have the right to contest in the Twenty-Second Judicial District Court the sufficiency of the charges and of the evidence tendered in support thereof.
Acts 2020, No. 365, §1, eff. June 12, 2020; Acts 2021, No. 49, §1.
The district acting by and through its board shall have and exercise all rights, powers, and duties for the carrying out of its objects and purposes including but not limited to the following:
(1) To represent the public interest in providing medical care in the parish.
(2) To advise the parish governing authority and the directors of healthcare facilities under its control of problems concerning the operation of district facilities.
(3) To make, amend, and repeal and to promulgate and enforce rules, regulations, resolutions, guidelines, and organizational modifications concerning the conduct of healthcare facilities in order to ensure proper and reliable operation of such facilities.
(4) To conduct hearings and rule upon complaints by or against any officer or employee of the district.
(5) To review and modify or set aside any action of the officers or employees of the district which the board may determine to be desirable or necessary in the public interest.
(6)(a) To select, appoint, and enter into an employment contract with a chief executive officer of the hospital who shall be given full responsibility and authority to manage the hospital in accordance with the policies established by the board.
(b) The chief executive officer's employment contract may be for a fixed term.
(c) The chief executive officer shall report directly to the board of commissioners.
(7) To contract for the construction of facilities, the provision of services, or in any other manner which will assist the board in providing quality health care for the district.
(8) To appoint any standing and special committees as may be necessary to carry out the purposes of the district.
(9)(a) To select, appoint, and enter into an employment contract with a chief financial officer to oversee the financial matters of the district.
(b) The chief financial officer shall report directly to the chief executive officer, but shall maintain a fiduciary duty to the board of commissioners.
(10) To approve bylaws for the medical staff and for the board, to suspend the bylaws at any time and for any length of time, and to require the rewriting of all or part of such bylaws.
(11) To accept any or all officers elected by the medical staff, or to refuse to accept any or all such officers, and to require the election of new officers.
(12)(a) To purchase and acquire lands and to purchase, acquire, construct, and maintain healthcare facilities, including: hospitals, clinics, nursing homes, offices for healthcare professionals, laboratories, and any other physical facilities necessary to carry out the purposes of the district.
(b) The board shall not relocate the primary healthcare facilities from the municipal corporate limits of the city presently the domicile of the board of commissioners without the consent of the governing authority of St. Tammany Parish.
(13) To employ legal counsel as determined by the board of commissioners.
(14) To establish, maintain, and carry on its activities through one or more profit or nonprofit corporations for the benefit of the district.
(15) To borrow money and to issue general obligation bonds, revenue bonds, notes, certificates, or other evidences of indebtedness of the district in order to accomplish any of its objects and purposes.
(16) To delegate authority to its officers, appointees, and employees.
(17) To do any and all things except as limited by the Constitution of Louisiana which are necessary for and to the advantage of healthcare facilities, including but not limited to the extension of privileges and use of healthcare facilities to persons residing outside the district.
(18) In addition to other benefits, salary, and compensation, to offer assistance through the district to members of the medical staff in order to attract and retain competent staff, including but not limited to the following:
(a) The establishment of clinic and group practice.
(b) Malpractice insurance coverage under the healthcare facility's policy of professional liability insurance.
(c) Professional fee billing.
(d) The opportunity to rent office space in facilities owned and operated by the district.
(e) The employment of physicians by contracts for a fixed term.
(19)(a) To permit by a general or specific grant of authority upon a majority vote of the board of commissioners, a healthcare facility to expend or contract to expend money, or incur liability, including a mortgage on property, or enter into a contract or contracts which by the terms involves the expenditure of money for purposes not provided for in the budget or which are in excess of the amounts appropriated in the resolution of the commission approving the budget for the next fiscal year.
(b) Upon a majority vote of the board of commissioners, to expend, or contract to expend money, or incur liability, including a mortgage on property, or enter into a contract or contracts which by the terms involves the expenditure of money for purposes not provided for in the budget or which are in excess of the amounts appropriated in the resolution of the board approving the budget for the fiscal year.
(20) To attend and complete all education courses and seminars made available or assigned to the board by the hospital, including but not limited to state ethics laws, HIPAA, and preventing sexual harassment and fraud and abuse.
(21) Notwithstanding any other provisions of law to the contrary, to annually appoint, if desired, a former member of the board to serve as a nonvoting "Commissioner Emeritus" to advise and provide historical perspective to the board when requested by the chairman. Such person shall be paid a per diem equal to that paid to other board members for attendance at the meeting together with reasonable expenses to attend any event attended by the board of commissioners. The "Commissioner Emeritus" may not serve longer than one year.
(22) At the beginning of each hospital fiscal year, to elect a chairperson, vice chairperson, secretary-treasurer, and other officers considered necessary, all to serve terms of one year. No chairperson or vice chairperson shall serve more than two consecutive terms as chairperson or vice chairperson.
(23) To hold regular meetings at least monthly and as often as necessary for the conduct of its business. Special meetings may be called upon at least forty-eight hour notice by the chairperson, or in his absence, by the vice chairperson, or upon the written authorization of a majority of the members of the board. Emergency meetings, providing notice of at least twenty-four hours, may be called by the chairperson, or in his absence, by the vice chairperson, or by any three members of the board.
(24)(a) To pay each board member a per diem not to exceed one hundred dollars for each meeting attended. However, except in the case of an emergency, no board member shall receive per diem for more than seven meetings per month. The chairman or other officer of the board may receive per diem for ten meetings per month. In the case of an emergency, the chairman may receive per diem for more than ten meetings per month. Telephone or video conferences for educational or managerial purposes may be considered by the chairman of the board to be a meeting for which compensation may be paid.
(b) Members of the board shall receive no additional compensation for any other services rendered as commissioners.
(c) Members of the board, or a physician, by reason of his service on the board, shall not receive health insurance as compensation for service on the board.
(d) Members of the board may be reimbursed for reasonable expenses, for the board member only, to a professional or educational meeting or seminar, the subject matter of which would be directly beneficial to the service district. Any board member seeking approval of such expenses shall make the request in writing and shall present to the board a written report on the contents of the meeting or seminar within sixty days of returning from the meeting or seminar.
(25) Each quarter, at regularly scheduled public meetings of the board, to receive a financial overview of the current financial status of the district which shall be presented, taking into consideration both proprietary information and information pertaining to marketing.
(26) Each year, to present to the appointing authority in a regularly scheduled open meeting the audited and certified financial statement for the previous fiscal year.
Acts 2020, No. 365, §1, eff. June 12, 2020; Acts 2021, No. 49, §1.
The bylaws of the board and of the medical staff shall be made compatible in all respects within the provisions of this Part. Any discrepancy between the bylaws of the medical staff and this Part, or between the bylaws of the board and this Part, shall be resolved in favor of this Part. In no case shall the bylaws of the medical staff prevail against either this Part or the bylaws of the board.
Acts 2020, No. 365, §1, eff. June 12, 2020.
The duties and responsibilities of the officers of the board of commissioners shall be as follows:
(1) The chairman shall preside over all meetings, decide all questions of procedure, and have all authority generally granted to chairmen and other presiding officers. Except as otherwise provided in this Part, he may vote on any issue before the commission, and he shall vote to break a tie in any vote taken by the commission. Except to break a tie, he shall have no vote in the selection of the vice chairman. The chairman shall appoint all standing committees and their officers not later than September 30, 2020, and annually thereafter, and he shall appoint all other committees and their officers whether or not such committees consist of commission members. The chairman shall have the right and power to interest himself in all affairs of the district and the facilities operated by the district.
(2) The vice chairman shall act as chairman in the absence of the chairman.
(3) The secretary-treasurer shall issue notices of all regular and special meetings, receive and attend to all correspondence of the commission, have custody of all documents of the board, and otherwise perform such acts as usually pertain to his office.
Acts 2020, No. 365, §1, eff. June 12, 2020.
A. The board of commissioners shall select, appoint, and employ a chief executive officer, referred to in this Part as "CEO", who has training and experience in the field of hospital administration and who is familiar with the principles and methods of hospital and institutional care. He shall be a full-time employee of the district and shall receive compensation as fixed by the board. The board may contract with the CEO, or he may serve at its pleasure.
B. In addition to the powers, duties, and responsibilities conferred by any other provisions of this Part, the CEO shall have the following powers, duties, and responsibilities:
(1) To attend all meetings of the board.
(2) To establish positions of employment and to appoint and employ personnel necessary for the operation of the healthcare facility or facilities under his jurisdiction; to establish rates of pay and employee benefits; to abolish positions; and to transfer, promote, demote, and otherwise alter the status of employees of the facility or facilities.
(3) Within the rules, regulations, guidelines, directives, policies, and procedures set forth by the board, to control and direct all business affairs of the healthcare facility, including but not limited to the following:
(a) Maintaining the accounts of the district.
(b) Making necessary purchases of equipment, supplies, and materials.
(c) Making major and minor repairs to physical facilities.
(d) Negotiating and signing contracts.
(4) Within the rules, regulations, guidelines, directives, policies, and procedures set forth by the board, to set and amend rates for all healthcare services as considered necessary for the proper fiscal operation of the healthcare facility.
(5) To prepare and publish such reports regarding the work of the healthcare facility as may be required by law or at the direction of the board.
(6) To ensure that the goals, directives, and policies relating to the conduct of the affairs of the healthcare facility, as established by the board or by state or federal laws, are carried out.
(7) To cooperate with the medical staff in the execution of the bylaws and policies which the staff may establish.
(8) To prepare an annual budget for approval by the board.
(9) To provide for documentation and maintenance of appropriate medical records and reports.
(10) To receive, record, and maintain a correct accounting of all gifts, bequests, grants in aid, and other revenues for purposes designated, all subject to any conditions that may be imposed in any act of donation or any law providing grants in aid or other revenues for such purposes.
(11) To perform any other duties and functions which the CEO or the board considers necessary or desirable to carry out the purposes of this Part.
(12) To serve as ex officio adviser to all committees of the commission unless specifically excluded from this role by the board or its chairman.
Acts 2020, No. 365, §1, eff. June 12, 2020.
A. The board shall appoint a medical staff to the healthcare facilities owned or operated by the district. Such appointments may be made after consultation with the physicians who are authorized to practice within the healthcare facility or facilities.
B. The medical staff so appointed shall have the following duties:
(1) To provide professional care to the sick and injured.
(2) To advise and assist the board and the CEO relative to standards of healthcare operation and professional problems.
(3) To participate in the educational activities of the district.
(4) To propose rules and regulations for the conduct of the medical staff for board approval.
(5) To elect from its membership a chief of staff, a vice chief of staff, and a secretary-treasurer. If the medical staff of the healthcare facility is departmentalized, the staff shall also select from its membership the heads of any specialized services of the healthcare facility. Subsequent to the election, the elected heads of specialized services shall be approved by a committee consisting of the chairman of the board, who shall serve as chairman of the committee, the CEO, and the newly elected chief of staff. If an elected head of a specialized service is not approved by the committee, the committee shall nominate at least two qualified staff members for the position of head of the specialized service, and the staff shall elect one from those nominated.
(6) To consult with the board in the appointment of a CEO.
Acts 2020, No. 365, §1, eff. June 12, 2020.
Notwithstanding any other law to the contrary, the board may sell to any person an ownership interest in the district hospital that results in the acquiring person holding less than fifty percent interest in the ownership or control of the hospital. The provisions of R.S. 33:4341 shall not apply to any sale pursuant to the authority granted in this Section.
Acts 2020, No. 365, §1, eff. June 12, 2020.
For the purpose of providing revenue to carry out the objects contemplated hereby, the board may levy and collect annually a special tax not to exceed five mills on all property in the district subject to such tax in accordance with Article VI, Section 32 of the Constitution of Louisiana, subject to approval by a majority of the electors of the district voting at an election called by the board of commissioners and held for that purpose. The tax shall be collected in the same manner as other special taxes. The avails of any such tax shall be used solely for acquisition, construction, improvement, maintenance, and operation of healthcare facilities or improvements.
Acts 2020, No. 365, §1, eff. June 12, 2020.
A. The board shall have the power to issue bonds for the purpose of constructing, acquiring, extending, and improving healthcare facilities of the district pursuant to Article VI, Section 33 of the Constitution of Louisiana and other constitutional and statutory authority supplemental thereto. Such bonds may be issued only after authorization by a majority of voters in the district voting at an election called by the board and held for that purpose.
B. Bonds or other obligations secured by Slidell Memorial Hospital on August 1, 1984, shall continue to be secured by both the hospital and the district until they are retired.
Acts 2020, No. 365, §1, eff. June 12, 2020.
The Slidell Memorial Hospital may contract to receive or offer agreements for materials, services, or supplies pursuant to a shared service or group purchasing arrangement with other hospitals, either public or private, in accordance with the provisions of R.S. 38:2211 et seq. In addition, Slidell Memorial Hospital and the district shall otherwise cooperate in all respects possible for the best interests of the citizens of St. Tammany Parish.
Acts 2020, No. 365, §1, eff. June 12, 2020.
Only in the event that Slidell Memorial Hospital should acquire a minority partner with a share of less than fifty percent of the assets of the hospital, shall the board of commissioners be empowered to allow representation of the minority partner on the board.
(1) By a two-thirds vote of the board of commissioners, the size of the board may be increased by not more than two members in order to allow for representation of a minority shareholder on the board.
(2) Such board members shall be appointed by the minority shareholder to serve initial terms of one year and two years respectively.
(3) Subsequently, these appointees of the minority shareholder shall serve full four-year terms.
(4) No other restrictions or qualifications shall apply to board members appointed by a minority shareholder, except with regard to term limitations contained herein.
Acts 2020, No. 365, §1, eff. June 12, 2020.
This Part, being intended to carry out a function of the state to protect the health and welfare of the inhabitants of the state to be affected thereby, shall be liberally construed by the courts to effect its purposes.
Acts 2020, No. 365, §1, eff. June 12, 2020.
Members or officers of the medical staff, employees or officers of the healthcare facilities of the district, board members, and persons who occupy management positions, or any other office whatsoever for a facility of the district or for the district may possess a property interest in or own stocks, bonds, or other securities issued by health maintenance organizations and preferred provider organizations and may refer members of these organizations to the healthcare facilities of the district.
Acts 2020, No. 365, §1, eff. June 12, 2020.
A. The board of commissioners of each parish hospital or hospital service district, hereinafter referred to as the board or the board of commissioners, or, in the absence of a hospital district, the parish governing authority is authorized to establish and administer a medical scholarship program for the purpose of increasing the educational opportunities available to medical students who will practice family medicine in areas where physician care is limited or unavailable. Each board or, in its absence, each parish governing authority, which establishes such a program, may award medical scholarships to residents or former residents of the hospital service district or parish, as the case may be, who otherwise qualify, who are admitted or engaged in the study of medicine at an accredited school of medicine located in the United States, or who are engaged in internship or residency programs within the United States, and who contract to practice family medicine in the district or parish, as provided in this Chapter. Each scholarship shall be awarded for the purpose of defraying the costs of tuition and other related expenses and costs for attendance at medical school, or for internship or residency. The board or, in its absence, the parish governing authority may, at any time and in its discretion, determine not to grant a scholarship under the program.
B. Any program established under the provisions of this Chapter shall be wholly funded by monies generated by the respective boards or, in their absence, the parish governing authority, through their facilities, and upon the initiation of such a program, the program shall become a part of the annual hospital or parish budget.
C. For the purpose of this Chapter, the term "family medicine" means primary care medicine, obstetrics, gynecology, general surgery, pediatrics, internal medicine, emergency medicine, or community and family medicine.
Added by Acts 1976, No. 130, §1. Amended by Acts 1977, No. 245, §1; Acts 1979, No. 113, §1; Acts 1988, No. 55, §1.
Each board desiring to award scholarships shall establish a policy setting forth the maximum number and amount. Said policy may be amended by the board as necessary. The number and amount of each scholarship granted pursuant to this Chapter shall not exceed the number and amount set forth in the policy.
Added by Acts 1976, No. 130, §1. Amended by Acts 1977, No. 245, §1; Acts 1988, No. 55, §1.
Any United States citizen and resident of the state of Louisiana, who is admitted to or is engaged in the study of medicine at an accredited school of medicine located in the United States, or who is engaged in an internship or residency program within the United States, and who intends to practice family medicine in an area of the parish hospital or hospital service district where there is a shortage of physicians practicing family medicine shall be eligible to apply, to the board of commissioners of the parish hospital or hospital service district in the parish or district in which the applicant resides or once resided for a scholarship in accordance with the provisions of this Chapter. Such application shall be in writing and in such form as the board may require. It shall contain the written statement of the applicant that he intends to practice family medicine in the parish or district, as the case may be, if he is selected to receive a scholarship.
Added by Acts 1976, No. 130, §1. Amended by Acts 1977, No. 245, §1; Acts 1988, No. 55, §1.
It shall be the duty of the board of commissioners to receive, consider, evaluate, and allow or disallow all applications for scholarships made by eligible applicants. The board of commissioners shall make careful and full investigation of the ability and qualifications of each applicant. The board of commissioners shall provide that an affirmative action program for the selection of recipients be established which shall include that no discrimination occur on the basis of race, creed, sex, age, or ethnic origin. The board of commissioners shall establish and publish rules on the selection process of the recipient which shall preclude the appearance of and the possibility of nepotism. The board of commissioners shall notify each applicant selected to receive a scholarship of his selection and shall also notify the dean of the medical school to which the recipient has been admitted or in which he is engaged in study, or the chief administrator of any internship or residency program in which the applicant is engaged.
Added by Acts 1976, No. 130, §1.
Funds for the scholarships awarded as herein provided shall be issued by the board of commissioners to the dean of the medical school to which the recipient has been admitted or in which he is engaged in study, or to the chief administrator of any internship or residency program in which he is engaged, upon the warrant of the dean or chief administrator for the amount fixed in the warrant and shall be payable to the scholarship recipient designated thereon. Said warrant upon presentation shall be paid by the board of commissioners out of funds budgeted by said board for the purpose.
Added by Acts 1976, No. 130, §1.
Any applicant selected by the board of commissioners to receive a scholarship shall enter into a contract with the board, which shall be deemed a contract formed within the state of Louisiana, agreeing to the terms and conditions upon which the scholarship shall be granted to the applicant. The contract shall include such terms and provisions as will execute the full purpose and intent of this medical scholarship program, including the purpose of providing physicians who will practice family medicine to areas where a shortage of such physicians exists. The form of the contract shall be prepared and approved by the attorney general of this state. The chairman of the board of commissioners shall sign the contract, the vice-chairman of the board shall countersign it, and the applicant shall likewise sign it. The board shall preserve and maintain the contract until such time as the terms thereof are met or satisfied; a duplicate copy shall be transmitted to the applicant and to the respective medical school.
Added by Acts 1976, No. 130, §1.
A. Within such time after the applicant has completed medical school, internship, and residency as the board of commissioners shall provide by regulation, the scholarship recipient shall return to the parish or hospital service district, as the case may be, to practice family medicine, in an area designated by the board of commissioners prior to the return. The recipient shall remain in the parish or district, as the case may be, for a period of three years as consideration for the medical scholarship awarded.
B. The board of commissioners shall insofar as is practicable designate an area of the parish or district to be served by the physician which has a shortage of physicians. The state health officer and the Louisiana State Medical Society shall assist the board in identifying, locating, and designating such areas when so requested.
C. The board of commissioners shall inform the recipient of the designated area to be served by him one hundred twenty days prior to the date on which the recipient is to commence practice in such area.
Added by Acts 1976, No. 130, §1. Acts 1988, No. 55, §1.
A. If the recipient fails to comply fully with any condition as provided for by or provided pursuant to this Chapter, the recipient shall remit to the board of commissioners that amount which bears the same ratio to the aggregate of the amount of the scholarship awarded as the number of months that the recipient failed to comply with this condition bears to the number of months he was obligated to comply. Said amount shall be computed together with interest at the legal rate; such interest to be computed from the date on which the recipient completed professional training, and active military service, if any. Such repayment shall be completed within six years from the date at which the scholarship began to draw interest.
B. The permanent withdrawal or dismissal of a recipient from medical school, internship, or residency shall forfeit immediately the right of the recipient to retain the scholarship; the scholarship shall begin to bear interest at that time, and repayment shall be made to the board and completed within six years.
C. Any recipient of a scholarship who fails to return to the area designated by the board upon completion of medical training shall begin repayment of the scholarship, with interest, within one year after completion of medical training. Repayments shall be made to the board completed within six years.
D. Any obligation to comply with such contract shall be cancelled upon the death of the recipient, upon receipt of a certified copy of the death certificate by the board, of upon the permanent and total disability of the recipient.
Added by Acts 1976, No. 130, §1. Acts 1988, No. 55, §1.
The board shall provide by regulation for waiver or suspension of any financial obligation where compliance would involve extreme or unusual hardship.
Added by Acts 1976, No. 130, §1.
No payment on the principal of the scholarship, or the interest thereon shall be required while the recipient is enrolled in medical school, or engaged in internship or residency.
Added by Acts 1976, No. 130, §1.
Upon default of payment of the scholarship as provided herein the board shall turn the matter over to the attorney general or any parish or district attorney acting for the board for prosecution and suit for the amount due, in the parish of the domicile of the recipient, the parish in which the medical school at which the recipient was last enrolled is located, or the parish of East Baton Rouge.
Added by Acts 1976, No. 130, §1.
All transactions pursuant to this Chapter shall be subject to audit by the legislative auditor.
Added by Acts 1976, No. 130, §1.
A. The board of commissioners of each hospital or hospital service district, hereinafter referred to as the board or the board of commissioners, is authorized to establish and administer a scholarship program for the purpose of increasing the educational opportunities available to nursing and allied health students who will practice in an area of the hospital district approved by the board of commissioners. Each board which establishes a program may award scholarships to individuals who are admitted or engaged in the study of nursing or allied health at an accredited school of nursing or allied health and who contract to practice nursing or an allied health profession in the district or parish, as provided in this Chapter. Each scholarship shall be awarded for the purpose of defraying the costs of tuition, fees, and other related expenses and cost for attendance at nursing or allied health school. The board may, at any time and in its discretion, determine not to grant a scholarship under the program.
B. The provisions of this Chapter shall apply solely to monies generated by the respective boards through their facilities, and upon the initiation of such a program, the program shall become a part of the annual hospital budget.
C. For the purpose of this Chapter, the following definitions shall apply:
(1) "Allied health" means any generally recognized medical profession or vocation including but not limited to occupational, respiratory, vocational, physical, and other therapies; medical, radiologic, and other technologists; pharmacists, social workers, athletic trainers, and other similar professions and vocations.
(2) "Nursing" means nursing as practiced by an individual who has graduated from an accredited school of nursing, passed the licensing examination, and been issued a license to practice as a registered nurse in this state by the Louisiana State Board of Nursing or a license to practice as a practical nurse in this state by the Louisiana State Board of Practical Nurse Examiners.
Acts 1988, No. 54, §1; Acts 2023, No. 33, §1, eff. June 1, 2023.
Each board desiring to award scholarships shall establish a policy setting out the maximum amount and number. This policy may be amended by the board as necessary. The number of scholarships granted and the amount of each scholarship granted pursuant to this Chapter shall not exceed the number and amount set forth in the policy.
Acts 1988, No. 54, §1.
Any individual who is admitted to or is engaged in the study of nursing or allied health at an accredited school of nursing or allied health located in the United States and who intends to practice nursing or allied health in an area of the parish hospital or hospital service district where there is a shortage of nurses or allied health professionals shall be eligible to apply for a scholarship in accordance with the provisions of this Chapter. The application shall be in writing and in the form as the board may require. It shall contain the written statement of the applicant that the applicant intends to practice nursing or an allied health profession in an area approved by the board of commissioners if the applicant is selected to receive the scholarship.
Acts 1988, No. 54, §1; Acts 2023, No. 33, §1, eff. June 1, 2023.
The board of commissioners or its designee shall receive, consider, evaluate, and allow or disallow all applications for scholarships made by eligible applicants. The board of commissioners or its designee shall conduct a full investigation of the ability and qualifications of each applicant. The board of commissioners shall provide that an affirmative action program for the selection of recipients be established which shall include that no discrimination occur on the basis of race, creed, sex, age, or ethnic origin. The board of commissioners shall establish and publish rules on the selection process of the recipient which shall preclude the appearance of and the possibility of nepotism. The board of commissioners shall notify each applicant selected to receive a scholarship of his selection and shall also notify the dean of the nursing school or office of financial assistance at the school where the student is registered.
Acts 1988, No. 54, §1; Acts 2023, No. 33, §1, eff. June 1, 2023.
Funds for the scholarship awarded pursuant to this Chapter shall be forwarded by the board of commissioners to the dean of the school of nursing or allied health to which the recipient has been admitted or is engaged in the study of nursing or allied health, upon the warrant of the dean or chief fiscal administrator for the amount fixed in the warrant, or shall be payable to the scholarship recipient designated on the warrant where applicable. All amounts paid by the board of commissioners shall be out of funds budgeted by the board for that purpose.
Acts 1988, No. 54, §1; Acts 2023, No. 33, §1, eff. June 1, 2023.
Any applicant selected by the board of commissioners to receive a scholarship shall enter into a contract with the board, which shall be deemed a contract formed within the state of Louisiana, agreeing to the terms and conditions upon which the scholarship shall be granted to the applicant. The contract shall include the terms and provisions as will execute the full purpose and intent of this scholarship program, including the purpose of providing nurses or allied health professionals who will practice within an area of the hospital district. The form of the contract shall be prepared and approved by the attorney general of this state. The president and chief executive officer, or equivalent, of the hospital or hospital service district shall sign the contract and the applicant shall sign it. The board shall preserve and maintain the contract until the terms are met or satisfied. A duplicate copy shall be transmitted to the applicant.
Acts 1988, No. 54, §1; Acts 2023, No. 33, §1, eff. June 1, 2023.
A. After the applicant has completed nursing or allied health school, the scholarship recipient shall return to the parish or hospital service district, as the case may be, to become a full-time nurse or allied health professional on the staff of the hospital service district or in an area designated by the board of commissioners prior to the return.
B. The board of commissioners shall inform the recipient of the designated area to be served by him one hundred twenty days prior to the date that the recipient is to commence practice in the area.
Acts 1988, No. 54, §1; Acts 2023, No. 33, §1, eff. June 1, 2023.
A. If the recipient fails to comply fully with any condition provided for in the contract, the recipient shall remit to the board of commissioners an amount which bears the same ratio to the aggregate of the amount of the scholarship awarded as the number of months that the recipient failed to comply bears to the number of months that the recipient was obligated to comply. The amount shall be computed together with interest at the legal rate. The interest shall be computed from the date on which the recipient completed professional training and active military service, if any. Repayment shall be completed within four years from the date at which the scholarship began to draw interest.
B. The permanent withdrawal or dismissal of a recipient from nursing or allied health school shall forfeit immediately the right of the recipient to retain the scholarship. The scholarship shall begin to bear interest at that time, and repayment shall be made to the board and completed within four years.
C. Any recipient of a scholarship who fails to return to the area designated by the board upon completion of his education and training shall begin repayment of the scholarship, with interest, within six months after completion of his education and training. Repayments shall be made to the board and completed within four years.
D. Any obligation to comply with the contract shall be cancelled upon the death of the recipient, upon receipt of a certified copy of the death certificate by the board, or upon the permanent and total disability of the recipient.
Acts 1988, No. 54, §1; Acts 2023, No. 33, §1, eff. June 1, 2023.
The board shall arrange for waiver or suspension of any financial obligation where compliance would involve extreme or unusual hardship.
Acts 1988, No. 54, §1.
Should full-time positions not be available within the hospital service district and the hospital be unable to offer the scholarship recipient full-time employment within twelve months of completion of his training, the scholarship shall be considered paid in full. No payment on the principal of the scholarship, or the interest, shall be required while the recipient is enrolled in nursing or allied health school.
Acts 1988, No. 54, §1; Acts 2023, No. 33, §1, eff. June 1, 2023.
Upon default of payment of the scholarship, the board shall begin efforts to recoup any amount owed including but not limited to filing suit for the amount due. Venue for filing suit shall be proper in the parish of the domicile of the recipient, the parish in which the school at which the recipient was last enrolled is located, or the parish where the hospital service district is located.
Acts 1988, No. 54, §1; Acts 2023, No. 33, §1, eff. June 1, 2023.
All transactions shall be subject to audit by the legislative auditor.
Acts 1988, No. 54, §1.
Repealed by Acts 2023, No. 33, §2, eff. June 1, 2023.
Repealed by Acts 2023, No. 33, §2, eff. June 1, 2023.
Repealed by Acts 2023, No. 33, §2, eff. June 1, 2023.
Repealed by Acts 2023, No. 33, §2, eff. June 1, 2023.
Repealed by Acts 2023, No. 33, §2, eff. June 1, 2023.
Repealed by Acts 2023, No. 33, §2, eff. June 1, 2023.
Repealed by Acts 2023, No. 33, §2, eff. June 1, 2023.
Repealed by Acts 2023, No. 33, §2, eff. June 1, 2023.
Repealed by Acts 2023, No. 33, §2, eff. June 1, 2023.
Repealed by Acts 2023, No. 33, §2, eff. June 1, 2023.
Repealed by Acts 2023, No. 33, §2, eff. June 1, 2023.
Repealed by Acts 2023, No. 33, §2, eff. June 1, 2023.
It is the intent of the legislature to allow the governing authority of the parish or the governing authorities of parishes that are located within the Louisiana Department of Health's Region IV, upon their own initiative, to form and create a healthcare service district to support the provision of inpatient and outpatient healthcare services within the Louisiana Department of Health's Region IV.
Acts 2012, No. 857, §1.
As used in this Chapter and unless the context clearly requires otherwise:
(1) "Department" means the Louisiana Department of Health.
(2) "District" means the healthcare service district authorized in this Chapter.
(3) "Governing board" means the governing board of the healthcare service district.
(4) "Secretary" means the secretary of the Louisiana Department of Health.
Acts 2012, No. 857, §1.
The governing authority of a parish or the governing authorities of the parishes that are located within the department's Region IV, upon their own initiative, are hereby authorized and empowered to form and create a healthcare service district.
Acts 2012, No. 857, §1.
The purpose of the healthcare service district and the governing board created pursuant to the provisions of this Chapter shall be:
(1) To identify local public sources of revenue or expenditure that may be used by the department as state match to draw down federal matching funds for the provision of healthcare services for the low-income and uninsured population of the district. Notwithstanding any other provision of law to the contrary, the district or governing board shall have no authority or governance of the hospital service districts and shall have no authority to collect or cause to be collected any hospital service district monies, funds, or assets.
(2) To participate, so far as circumstances may warrant, in any activity designed and conducted to promote the general health of the community.
(3) To promote and support graduate medical education activities in the respective communities.
(4) To cooperate with other institutions and agencies engaged in providing hospital and outpatient health services to residents of the district for the purpose of improving access to care for residents of the district.
Acts 2012, No. 857, §1; Acts 2018, No. 206, §5.
A. In addition to the duties defined elsewhere in this Chapter, the governing board shall have the duty and authority:
(1) To represent the public interest in supporting healthcare services in the district.
(2) To advise on issues concerning the provision of healthcare services for the low-income and uninsured population of the district.
(3) To conduct public hearings and share public input on the community's priorities for the provision of healthcare services in the district.
(4) To appoint the necessary standing and special committees that may be necessary to carry out the purposes of this Chapter.
(5) To enter into contracts, agreements, or cooperative endeavors with the state and its political subdivisions and with any public or private association, corporation, business entity or person to promote the public purposes of the district.
B. The secretary of the department shall review each such agreement, including a plan for the use of state Medicaid and disproportionate share dollars. If the secretary finds that the agreement and plans are sufficient to support medical care for the low-income and uninsured population of the district and the funds are eligible for federal matching funds to be reimbursed, he shall verify that finding to the governing board.
C. The governing board shall collect or cause to be collected all public monies identified by the district as available for the purpose of serving as state match for federal matching funds to ensure the provision of healthcare services delivered for the low-income and uninsured population of the district.
D. The department shall make available for reimbursement these local and federally matched funds to the designated providers in the district to ensure the continued provision of healthcare services for the low-income and uninsured population of the district.
E. Neither the division of administration nor the department shall displace, replace, or supplant state appropriations from the state general fund or other state funds designated for the district.
F. The governing board shall submit any reports or information related to the healthcare service district to the secretary of the department or the Senate and House committees on health and welfare upon request of the secretary or the chairman of either committee.
Acts 2012, No. 857, §1; Acts 2018, No. 206, §5.
A.(1) For a district created pursuant to this Chapter, the district shall be governed by a governing board.
(2) The governing board shall be comprised of the following members:
(a) The president of each parish governing authority within the department's Region IV, or his designee.
(b) The secretary of the Louisiana Department of Health, or his designee.
(c) The executive director of the Louisiana Hospital Association, or his designee.
(d) The executive director of the Greater Lafayette Chamber of Commerce, or his designee.
(e) The hospital administrator for University Medical Center, or his designee.
B. All appointees shall serve terms of three years. No board member shall serve more than two three-year consecutive terms.
C. A vacancy on a governing board shall be filled in the same manner as required for the original appointment.
D. Each governing board member shall serve without compensation but shall be reimbursed for expenses and mileage at the same rate set by the division of administration for state employees for each day in actual attendance at governing board meetings or for representing the governing board in an official governing board-approved activity.
E. The chairman shall be elected by a majority vote of the governing board. The term of the chairman shall be established under the governing board's bylaws.
F. The governing board shall adopt bylaws to provide for its governance within ninety days of being established. Such bylaws shall include but not be limited to:
(1) Procedures for the election of governing board officers, including terms of office and methods and grounds for removal. Governing board officers shall include, at a minimum, a chairman, treasurer, and secretary.
(2) Procedures and grounds for the removal of any governing board member. Grounds for removal shall include the conviction of a felony. Grounds for removal may include failure to meet board attendance requirements, as provided in the bylaws.
G. All governing board members of the district shall be subject to the Code of Governmental Ethics. No member of the governing board or of his immediate family shall own or have any interest in any public or private organization, business, company, or entity conducting business of any kind with the district. The prohibition provided for in this Subsection shall not prohibit members of the governing board from having contracts or employment agreements with healthcare institutions or organizations whose purpose is directly related to health care.
Acts 2012, No. 857, §1.
A. The Department of Public Safety and Corrections shall provide a minimum basic juvenile probation and parole service to any court of the state with juvenile jurisdiction upon request of the court and may provide a minimum basic juvenile intake service to any district attorney of the state upon request of the district attorney.
B. The intake service provided hereunder shall be limited to examining and evaluating complaints that a child is a delinquent or is a child in need of supervision and advising the district attorney whether the best interests of the child would be served by the initiation of proceedings under the Children's Code, the signing of an informal adjustment agreement, referral to the Department of Children and Family Services, referral to a public or private agency for assistance, or any other legally permissible course of action. The personnel assigned to perform these duties shall not assume any prosecutorial functions except for the filing of a petition as authorized by the Children's Code.
Added by Acts 1952, No. 118, §1. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1982, No. 541, §1; Acts 1984, No. 567, §2, eff. Jan. 1, 1985; Acts 1985, No. 965, §2; Acts 1986, No. 332, §1; Acts 1991, No. 467, §3; Acts 2021, No. 158, §6.
Repealed by Acts 1972, No. 682, §2
It shall be the duty of the secretary of the Department of Public Safety and Corrections to:
(1) Define and set up a minimum basic juvenile probation and parole service to the courts and a minimum basic juvenile intake service to the district attorneys.
(2) Devise appropriate forms, develop policies and procedures, and to set up standards for the statewide services to be rendered to the courts and district attorneys upon request.
(3) Effect the purposes of this Chapter by long-range planning for the improvement of services rendered to the courts and district attorneys under the provisions thereof.
Added by Acts 1952, No. 118, §3. Amended by Acts 1972, No. 682, §1; Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1982, No. 541, §1; Acts 1984, No. 567, §2, eff. Jan. 1, 1985; Acts 1985, No. 965, §2; Acts 1986, No. 332, §1; Acts 1988, No. 607, §2, eff. July 14, 1988.
Repealed by Acts 1982, No. 541, §3
The Department of Public Safety and Corrections is hereby authorized to expend whatever funds that may be necessary to carry out the provisions of this Chapter.
Added by Acts 1952, No. 118, §5. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1984, No. 567, §2, eff. Jan. 1, 1985; Acts 1985, No. 965, §2; Acts 1988, No. 607, §2, eff. July 14, 1988.
Nothing in this Chapter shall be construed as preventing a court or district attorney from employing personnel in addition to that furnished by the Department of Public Safety and Corrections.
Added by Acts 1952, No. 118, §6. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1982, No. 541, §1; Acts 1984, No. 567, §2, eff. Jan. 1, 1985; Acts 1985, No. 965, §2; Acts 1988, No. 607, §2, eff. July 14, 1988.
Repealed by Acts 1987, No. 613, §1.
A.(1) The Department of Public Safety and Corrections shall serve as agent of the state in entering into agreements with the appropriate agency of the federal government to provide care and treatment for a child found by a federal court to be delinquent and committed to the custody of the attorney general of the United States pursuant to the provisions of 18 U.S.C. 5031 through 18 U.S.C. 5037.
(2) Any such agreement shall be upon such terms and conditions and shall provide for such compensation as may be mutually agreed upon between the department and the appropriate agency of the federal government.
B. Funds received as compensation under any such agreement shall be placed in the state treasury in a special fund to the credit of the department and shall be subject to withdrawal by the department for use by it in carrying out the purposes of this Chapter.
Acts 1984, No. 567, §7, eff. Jan. 1, 1985; Acts 1985, No. 965, §2; Acts 1988, No. 607, §2, eff. July 14, 1988.
A. With respect to any child for whom care and treatment services are either directly or indirectly provided by the department pursuant to this Chapter to a child alleged or found to be delinquent or in need of supervision, it shall be unlawful, except for purposes directly connected with the administration of this Chapter or upon the consent of such child or the attorney for such child, or upon the specific order of the court pursuant to the provisions of Code of Criminal Procedure Arts. 317.1 and 875 and R.S. 13:1564 through R.S. 13:1724 for any individual agency, organization, or facility to knowingly solicit, disclose, receive, or make use of, or authorize, permit, participate in, or acquiesce in the use of any information in or derived from such child's legal, social, medical, or psychological records, or obtained, directly or indirectly, from the records, papers, files, or communication by or to the department or any individual, agency, organization, or facility utilized by the department for the provision of such care and treatment services for such child.
B. Nothing in this Section shall prohibit the interchange of records, reports, or any other information among the various offices of the Department of Children and Family Services and the Louisiana Department of Health and among the various personnel thereof. Additionally, nothing in this Section shall prohibit any judge serving as judge of a juvenile court from access to all of the records of any child before that court.
Acts 1984, No. 567, §7, eff. Jan. 1, 1985; Acts 1985, No. 965, §2; Acts 1988, No. 607, §2, eff. July 14, 1988; H.C.R. No. 59, 1999 R.S.
A. The Louisiana Department of Health shall be responsible for providing services to autistic persons, with the exception of those delineated by Part I of Chapter 8 of Title 17 of the Louisiana Revised Statutes of 1950 and provided for by the Department of Education or the local school board or otherwise mandated by law to be provided by the Department of Education or the local school board. The Louisiana Department of Health shall be responsible for:
(1) The establishment of a center of excellence for autism spectrum disorder within the office for citizens with developmental disabilities. This center may be operated by the office through formal agreements with the Department of Education and other appropriate public and private agencies including but not limited to Louisiana State University Health Sciences Center-New Orleans, Louisiana State University Health Sciences Center-Shreveport, and St. Mary's Residential Training School in Alexandria, or others. This center should be the core of activities providing services to autistic citizens including but not limited to early diagnosis and intervention and individualized programs involving school, home, and community throughout the life span of autistic citizens. The center shall give assistance to private and public agencies providing services to autistic citizens and their families. The center shall become a resource and training facility for educators and others charged with educating autistic citizens. The center, as well as any facilities constructed as a part of the center upon the appropriation of funds, shall be located in Caddo Parish.
(2) Providing and/or coordinating all services to autistic citizens, other than those delineated by Part I of Chapter 8 of Title 17 of the Louisiana Revised Statutes of 1950 or otherwise mandated by law to be provided by the Department of Education.
(3) Coordination through formal agency agreements between the Louisiana Department of Health, its agencies, and the Department of Education to plan, develop, and implement longitudinal services to the autistic citizen.
(4) Coordination through formal agency agreements with the Division of Vocational Rehabilitation for the development and operation of community based vocational programs, job placement, follow up, and additional support services.
(5) The provision of living options in the community to include programming to meet the needs of each individual such as supervised apartment living and small group homes in the community.
(6) Development of community based support programs including case management, parent training, home programming and medical services.
(7) Continued support through formal agency agreements for the Department of Education's programs to train personnel who are providing services to autistic persons. This includes, but is not limited to, in-service training consisting of workshops and institutes.
(8) Encouragement and cooperation in the development of university preservice training programs to prepare preservice personnel who may provide services to autistic persons. These courses should have authorized access to autistic programs for course work and practicum.
(9) Increased and continuing efforts to support the Department of Education through formal agency agreements in providing effective educational services for children of ages three through twenty-one and to provide such services after age twenty-one.
(10) Coordination with the Louisiana Society for Autistic Children as representative of the parents of autistic children in the implementation of the provisions of this Chapter.
B. The services provided or coordinated by the Louisiana Department of Health shall be evaluated by the House and Senate committees on health and welfare at the end of the first fiscal year of the program and at the end of each subsequent fiscal year during which the program is continued. Such evaluation shall be designed to determine the effectiveness of the program in achieving its objectives.
C. A report of the evaluation shall be made to the legislature upon which recommendations for continued funding or termination of the program shall be based.
Acts 1988, 1st Ex. Sess., No. 1, §3, eff. Mar. 28, 1988; Acts 1989, No. 159, §3; Acts 2008, No. 154, §1; Acts 2018, No. 612, §14, eff. July 1, 2020; Acts 2019, No. 404, §1, eff. July 1, 2020.
§§1302 to 1304 Repealed by Acts 1958, No. 35, §2
This Chapter may be cited as the "Runaway and Homeless Youth Law".
Acts 1989, No. 803, §1, eff. July 11, 1989.
In this Chapter:
(1) "Approved runaway and homeless youth residential program or facility" means any residential program or facility licensed by the division of licensing and certification of the Department of Children and Family Services as a child residential care provider including a community home, a group home, a residential home, an adult residential facility possessing a waiver for the housing of juveniles, or an emergency shelter.
(2) "Department" means the Department of Children and Family Services.
(3) "Director" means the administrator of an approved runaway and homeless youth facility or program.
(4) "Homeless youth" means a person under the age of twenty-one who is without a place of shelter where supervision and care are available.
(5) "Runaway youth" means a person under the age of eighteen years who is absent from his legal residence without the consent of his parent, guardian, or legal custodian.
(6) "Youth" means "runaway youth" and "homeless youth".
Acts 1989, No. 803, §1, eff. July 11, 1989; Acts 1999, No. 1087, §1, eff. July 9, 1999.
A. As soon as possible but not more than seventy-two hours following a runaway youth's admission into an approved runaway and homeless youth residence program or facility, the staff of the program or facility shall immediately notify the runaway youth's parent, guardian, or legal custodian of the runaway youth's admission, unless there are compelling circumstances why the parent, guardian, or legal custodian should not be notified. When such circumstances exist or in instances where abuse or neglect is suspected, the director or his designee shall immediately render a report in accordance with the procedures contained in R.S. 14:403.
B. Where the program or facility obtains oral consent from the parent, guardian, or legal custodian of the runaway youth, the youth may remain in the facility or program for a period of fifteen days thereafter pending the facility's or program's receipt of a signed written consent form from the parent, guardian, or legal custodian.
C. Except as provided in Subsection B of this Section, a runaway youth over the age of eleven may elect to remain in the facility for a period of seventy-two hours before being returned to the home environment provided that:
(1) The runaway youth is not known to have committed nor is under investigation for the commission of a delinquent or criminal act.
(2) A good faith attempt is made to notify the individuals specified in Subsection A of this Section in the manner provided in that Subsection.
D. A runaway youth over the age of eleven admitted to an approved runaway and homeless youth residential program or facility licensed by the Department of Children and Family Services shall be provided seventy-two hours of safe harbor unless otherwise designated by order of a court exercising juvenile jurisdiction regarding custody of the runaway youth, or unless the child is in the custody of a state agency which may elect to remove the child earlier without a court order.
E. Upon request by the youth, the youth will be allowed to return to the home environment at any time.
F. In instances where the parent, guardian, or legal custodian cannot be located within seventy-two hours following a runaway youth's admission into the facility or program, the staff shall continue to make reasonable efforts to contact the parent, guardian, or legal custodian. The facility or program is authorized to provide care for the youth, for a period not to exceed twenty-one days, until the parent, guardian, or legal custodian is contacted and gives oral or written consent in accordance with the provisions of Subsection B of this Section or accepts physical custody of the youth.
G. Whenever a report has been filed by the facility or program in accordance with the provisions in R.S. 14:403, the facility or program shall be legally authorized to provide care for the runaway youth pending a determination by the Department of Children and Family Services or a court exercising juvenile jurisdiction regarding custody of the runaway youth.
Acts 1989, No. 803, §1, eff. July 11, 1989; Acts 1990, No. 370, §1, eff. July 10, 1990; Acts 1999, No. 1087, §1, eff. July 9, 1999.
A. Notwithstanding any other provision of law, an approved runaway program or facility is authorized to:
(1) Provide assistance to any runaway or homeless youth.
(2) Attempt to determine the cause for the youth's runaway or homeless status.
(3) Explain to the runaway or homeless youth the rights, options of services, or other assistance available to the youth.
(4) Work towards reuniting such runaway or homeless youth with his parent, guardian, or legal custodian as soon as practicable.
(5) Assist in arranging services for runaway or homeless youth, and where appropriate, their families, including but not limited to food, shelter, clothing, medical care, and individual and family counseling.
(6) Consent, through the director or his designee, for the delivery of medical, assessment, or social services to any runaway youth in the program or facility.
B. No state funds shall be expended on these programs or facilities.
Acts 1989, No. 803, §1, eff. July 11, 1989.
Notwithstanding any other provision of law, no officer, employee, or agent of any facility or program shall be compelled to disclose or transfer any records or information in such records containing the identity of any youth receiving services pursuant to this Chapter, except:
(1) Upon written consent of the youth, his parents, or legal custodians;
(2) In proceedings pursuant to R.S. 14:403;
(3) In proceedings before a court exercising juvenile jurisdiction; or
(4) In circumstances posing serious danger to the life or health of any youth served by the facility or program.
Acts 1989, No. 803, §1, eff. July 11, 1989.
No person shall have a cause of action against any director, employee, or agent, including any volunteer, of an approved runaway and homeless youth facility or program as a result of an act or failure to act while admitting, releasing, or caring for a youth, unless such act or failure to act was a result of gross negligence or intentional misconduct by the director, employee, agent, or any volunteer.
Acts 1989, No. 803, §1, eff. July 11, 1989.
§§1357 to 1361 Repealed by Acts 1968, No. 533, §8
This Chapter may be cited as the "Specialized Provider Licensing Act."
Acts 1985, No. 286, §1; Acts 2014, No. 868, §5, eff. Oct. 1, 2014.
It is the intent of the legislature to protect the health, safety, and well-being of the children and youth of the state who are in out-of-home care on a regular or consistent basis. Toward that end, it is the purpose of this Chapter to establish statewide minimum standards for the safety and well-being of children and youth, to ensure maintenance of these standards, and to regulate conditions in these facilities through a program of licensing. It shall be the policy of the state to ensure protection of all individuals under care by specialized providers and to encourage and assist in the improvement of programs. It is the further intent of the legislature that the freedom of religion of all citizens shall be inviolate. This Chapter shall not give the Louisiana Department of Health or the Department of Children and Family Services jurisdiction or authority to regulate, control, supervise, or in any way be involved in the form, manner, or content of any curriculum or instruction of a school or specialized provider sponsored by a church or religious organization so long as the civil and human rights of the clients and residents are not violated.
Acts 1985, No. 286, §1; Acts 1990, No. 351, §2, eff. July 10, 1990; Acts 2014, No. 868, §5, eff. Oct. 1, 2014; Acts 2016, No. 502, §1; Acts 2018, No. 206, §5.
All licenses issued to specialized providers pursuant to this Chapter shall specify that the facility shall not enter into any contract or engage in any activities in conflict with its duties to the mothers, fathers, and children that it is licensed to serve.
Acts 2001, No. 910, §2; Acts 2014, No. 868, §5, eff. Oct. 1, 2014.
As used in this Chapter, the following definitions shall apply unless the context clearly states otherwise:
(1) "Child" means a person who has not reached age eighteen or otherwise been legally emancipated. The words "child" and "children" are used interchangeably in this Chapter.
(2) "Child-placing agency" means any institution, society, agency, corporation, facility, person or persons, or any other group engaged in placing children in foster care or with substitute parents for temporary care or for adoption, or engaged in assisting or facilitating the adoption of children, or engaged in placing youth in transitional placing programs, but shall not mean a person who may occasionally refer children for temporary care.
(3) "Department" means the Department of Children and Family Services.
(4) "License type" means the type of license applied for or held by a specialized provider, which shall include Type I and Type IV licenses.
(5) "Maternity home" means any place or facility in which any institution, society, agency, corporation, person or persons, or any other group regularly receives and provides necessary services for children before, during, and immediately following birth. This definition shall not include any place or facility which receives and provides services for women who receive maternity care in the home of a relative within the sixth degree of kindred, computed according to civil law, or general or special hospitals in which maternity treatment and care is part of the medical services performed and the care of children only brief and incidental.
(6) "Related" or "relative" means a natural or adopted child or grandchild of the caregiver or a child in the legal custody of the caregiver.
(7) "Residential home" means any place, facility, or home operated by any institution, society, agency, corporation, person or persons, or any other group to provide full-time care, twenty-four hours per day, for more than four children, who may remain at the facility in accordance with R.S. 46:1403.1, who are not related to the operators and, except as provided in this Paragraph, whose parents or guardians are not residents of the same facility, with or without transfer of custody. However, a child of a person who is a resident of a residential home may reside with that parent at the same facility.
(8) "Specialized provider" means a child-placing agency, maternity home, or residential home.
(9) "Type I license" means a license held by a residential home that is owned or operated by a church or religious organization that does not wish to be licensed as a Type IV center. Nothing herein shall be construed to require a children's religious ministry program operated by a church or other religious organization in accordance with R.S. 46:1429 to be licensed pursuant to this Chapter. "Type I license" also means a license held by a residential home holding a Class B license prior to the effective date of this Section.
(10) "Type IV license" means the license held by any publicly or privately owned specialized provider.
(11) "Youth" means a person not less than sixteen years of age nor older than twenty-one years of age.
Acts 1985, No. 286, §1; Acts 1987, No. 812, §1; Acts 1990, No. 351, §2, eff. July 10, 1990; Acts 1990 No. 901, §1, eff. Jan. 1, 1991; Acts 1999, No. 1237, §1, eff. Sept. 1, 1999; Acts 2004, No. 915, §1; Acts 2009, No. 194, §2, eff. June 30, 2009; Acts 2010, No. 64, §1, eff. Oct. 1, 2010; Acts 2013, No. 179, §1, eff. Jan. 1, 2014; Acts 2014, No. 868, §5, eff. Oct. 1, 2014; Acts 2016, No. 502, §1.
Notwithstanding any other provision of law to the contrary, a child housed at a residential home, transitional placing program, or in foster care may stay at such home, transitional placing program, or in foster care until his twenty-first birthday while participating in the extended foster care program set forth in R.S. 46:288.1 et seq., or any other program offered by the residential home.
Acts 2001, No. 912, §1; Acts 2016, No. 502, §1; Acts 2017, No. 376, §2; Acts 2018, No. 206, §5; Acts 2018, No. 649, §1, eff. June 1, 2018; Acts 2019, No. 400, §2, eff. June 19, 2019.
A. All specialized providers, including facilities owned or operated by any governmental, profit, nonprofit, private, or church agency, shall be licensed. Specialized provider licenses shall be of two types: Type I and Type IV.
B. Child-placing agencies within the Department of Children and Family Services shall be exempt from the provisions of this Chapter. The department is authorized and mandated to perform its child-placing functions in accordance with the standards promulgated by the department for licensed child-placing agencies.
Acts 1985, No. 286, §1; Acts 2004, No. 915, §1; Acts 2009, No. 400, §2, eff. July 7, 2009; Acts 2010, No. 64, §1, eff. Oct. 1, 2010; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2013, No. 179, §1, eff. Jan. 1, 2014; Acts 2014, No. 868, §5, eff. Oct. 1, 2014.
A. Until such time as rules are promulgated by the department to implement the types of licenses required by R.S. 46:1404, specialized providers shall follow the rules, regulations, and standards in effect for Class A and Class B licensure.
B. All existing residential homes possessing a Class B license shall be issued a Type I license as provided by rule.
C. All existing child placing agencies, maternity homes, and residential homes that meet the definition for a Type IV license pursuant to this Chapter shall be issued a Type IV license as provided by rule.
Acts 1985, No. 286, §1; Acts 2013, No. 179, §1, eff. Jan. 1, 2014; Acts 2014, No. 868, §5, eff. Oct. 1, 2014.
A. Application for licensure of a new specialized provider shall be made by the specialized provider to the department upon forms furnished by the department. Upon receipt of the application for a license and verification that minimum requirements for such license as established by rule are satisfied, and that the specialized provider is in compliance with all other state and local laws and regulations, the department shall issue a Type I or Type IV license for such period as may be provided for by rule.
B. The department may provide through the promulgation of rules for the issuance of temporary, provisional, or extended licenses for each license type if a disapproval has not been received from any other state or local agency authorized by any other laws or rules to inspect such specialized providers.
C. A license of any type shall apply only to the location stated on the application, and such license, once issued, shall not be transferable from one person to another or from one location to another. If the location or ownership of the specialized provider is changed, then the license shall be automatically revoked. A new application form shall be completed prior to all license renewals.
D. Each licensed specialized provider shall display its license in a prominent place at the facility, except that a specialized provider operated by a church or religious organization may be exempt from such requirement, provided the license is available upon request.
E. There shall be an annual license fee for each specialized provider in an amount equal to the annual license fee in effect for all Class A and Class B specialized providers possessing such license on January 1, 2014, without an increase in the amount of such fees.
F. There shall be an annual license fee of fifty dollars for any license issued to a child-placing agency or maternity home.
G. The fees provided for in this Section shall not apply to any Type I specialized provider owned or operated by a church or religious organization.
H. Annual fees for any type of license shall not be increased unless expressly authorized by statute as provided in Article VII, Section 2.1 of the Constitution of Louisiana.
Acts 2013, No. 179, §1, eff. Jan. 1, 2014; Acts 2014, No. 868, §5, eff. Oct. 1, 2014.
A. The department shall promulgate regulations for each type of license to carry out the provisions of this Chapter in accordance with the provisions of the Administrative Procedure Act.
B.(1) The regulations developed by the department, at a minimum, shall accomplish all of the following:
(a) Promote the health, safety, and welfare of children and youth attending any specialized provider.
(b) Promote safe, comfortable, and proper physical facilities of specialized providers.
(c) Ensure adequate supervision of those attending specialized providers by capable, qualified, and healthy personnel.
(d) Ensure adequate and healthy food service in specialized providers where food is offered.
(e) Prohibit discrimination by specialized providers on the basis of race, color, creed, sex, national origin, disability, ancestry, or whether the child is being breastfed. However, nothing in this Subparagraph shall be construed to affect, limit, or otherwise restrict any of the following:
(i) The hiring or admission policies of a licensed specialized provider owned by a church or religious organization, which may give preference in hiring or admission to members of the church or denomination.
(ii) The rights of religious sectarian child-placing agencies to consider creed in any decision or action relating to foster care or adoption.
(f) Require residential home and maternity home providers to have a written description of admission policies and criteria which expresses the needs, problems, situations, or patterns best addressed by its program. These policies shall be available to the person legally responsible for any child or to any youth aged eighteen or above referred for placement.
(g) Include procedures by which parents and guardians are given an opportunity for consultation and information about the educational and therapeutic programs for the child or youth in attendance.
(h) Include regulations and standards for nighttime care.
(i) Include procedures for the receipt, recordation, and disposition of complaints.
(j) Include procedures for the return of a child to his parent. Arrangements for the child's return to his parent shall not include third parties or other child care agencies unless written agreement between the child care agency and the parent is on file with the child care agency.
(2) Any specialized provider approved by the department shall be required to have all of the following:
(a) Approval from the Department of Public Safety and Corrections, office of the state fire marshal, code enforcement and building safety.
(b) Approval from the Louisiana Department of Health, office of public health.
(3) No residential home provider holding a Type I license shall receive any state or federal funds, from any source, whether directly or indirectly. If a residential home provider holding a Type I license receives any state or federal funds, its license shall be automatically revoked.
C. The department shall prepare standard forms for applications and for inspection reports.
D. A comprehensive review of all standards, rules, and regulations for all licenses shall be made at least every three years by the department.
E. The secretary of the department, in specific instances, may waive compliance with a minimum standard upon determination that the economic impact is sufficiently great to make compliance impractical, as long as the health and well-being of the staff or children and youth is not imperiled. If it is determined that the specialized provider or agency is meeting or exceeding the intent of a standard or regulation, the standard or regulation may be deemed to be met.
F. Discrimination by specialized providers and child-placing agencies on the basis of race, color, creed, sex, national origin, disability as defined by R.S. 51:2232, ancestry, or whether the child is being breastfed is prohibited. However, this shall not restrict the hiring or admission policies of a church or religious organization, which may give preference in hiring or admission to members of the church or denomination.
G. The department shall not regulate or attempt to regulate or control the religious or spiritual content of the curriculum of a specialized provider sponsored by a church or religious organization.
H. Nothing in the rules, regulations, and standards adopted pursuant to this Section shall authorize or require medical examination, immunization, or treatment of any child whose parents, or of any youth aged eighteen or above who, object to such examination, immunization, or treatment on religious grounds.
I. Each residential home and maternity home facility shall have a written discipline policy, which shall be made available to parents, to youth aged eighteen or above, and to authorized inspection personnel upon request.
Acts 2013, No. 179, §1, eff. Jan. 1, 2014; Acts 2014, No. 811, §24, eff. June 23, 2014; Acts 2014, No. 868, §5, eff. Oct. 1, 2014; Acts 2016, No. 502, §1.
Repealed by Acts 2013, No. 179, §2, eff. Jan. 1, 2014.
Repealed by Acts 2013, No. 179, §2, eff. Jan. 1, 2014.
Repealed by Acts 2009, No. 194, §3, eff. June 30, 2009.
Repealed by Acts 2009, No. 194, §3, eff. June 30, 2009.
Repealed by Acts 2013, No. 179, §2, eff. Jan. 1, 2014.
Repealed by Acts 2013, No. 179, §2, eff. Jan. 1, 2014.
Repealed by Acts 2014, No. 868, §6, eff. Oct. 1, 2014.
A. Any owner, operator, current or prospective employee, or volunteer of a specialized provider requesting licensure or licensed by the Department of Children and Family Services is prohibited from being employed by the specialized provider if that individual's name is recorded on the state central registry as a perpetrator for a substantiated finding of abuse or neglect of a child.
B. If the individual's name is or was entered on the state central registry, that individual may make a formal written request to the division of administrative law for an administrative appeal of the justified determination, in accordance with Children's Code Article 616.1.1 and the procedures promulgated by the department.
C. The department shall promulgate, in accordance with the Administrative Procedure Act, all rules and regulations necessary to implement the provisions of this Section.
D., E. Repealed by Acts 2017, No. 348, §5, special eff. date.
Acts 2009, No. 388, §1, eff. Jan. 1, 2010; Acts 2014, No. 868, §5, eff. Oct. 1, 2014; Acts 2016, No. 502, §1; Acts 2017, No. 348, §§3, 5, special eff. date; Acts 2025, No. 409, §6.
A. All specialized providers shall be subject to the provisions of this Chapter. However, all care given without charge, shall be exempt from such provisions.
B. Nothing in this Chapter shall apply to facilities licensed by the Louisiana Department of Health or the Department of Education.
Acts 1985, No. 286, §1; Acts 1987, No. 189, §1; Acts 2013, No. 179, §1, eff. Jan. 1, 2014; Acts 2014, No. 868, §5, eff. Oct. 1, 2014.
Any institution, society, agency, corporation, facility, person or persons, or any other group licensed in accordance with the provisions of this Chapter may receive children from their parents or legal guardians or from the courts for special, temporary, or continued care.
Acts 1985, No. 286, §1.
It shall be the duty of the department, through its duly authorized agents, to inspect at regular intervals not to exceed one year, or as deemed necessary by the department, and without previous notice all specialized providers subject to the provisions of this Chapter. The department shall also develop and facilitate coordination with and among other authorized agencies making inspections at regular intervals. A specialized provider shall be open to inspection only during working hours by parents or legal guardians of children or youth in care and by authorized inspection personnel.
Acts 1985, No. 286, §1; Acts 2005, No. 332, §1, eff. June 30, 2005; Acts 2014, No. 868, §5, eff. Oct. 1, 2014; Acts 2016, No. 502, §1.
A. It shall be the duty of the department, through its duly authorized agents, to investigate all complaints, except complaints concerning the prevention or spread of communicable diseases, including complaints alleging child abuse, against any specialized provider as defined in this Chapter. The department may take such action as is authorized by this Chapter. Any complaint received concerning the prevention or spread of communicable diseases shall be immediately referred to the state health officer through the nearest parish health unit for investigation and disposition.
B. The department shall receive, record, and dispose of complaints in accordance with rules and regulations promulgated under the provisions of this Chapter.
Acts 1985, No. 286, §1; Acts 1990, No. 242, §2; Acts 2014, No. 868, §5, eff. Oct. 1, 2014.
The department shall have the power to deny, revoke, or refuse to renew a license for a specialized provider if an applicant has failed to comply with the provisions of this Chapter or any applicable, published rule or regulation of the department relating to specialized providers. If a license is denied, revoked, or withdrawn, the action shall be effective when made and the department shall notify the applicant, licensee, or specialized provider of such action in writing immediately and of the reason for the denial, revocation, or withdrawal of the license.
Acts 1985, No. 286, §1; Acts 2005, No. 332, §1, eff. June 30, 2005; Acts 2009, No. 194, §2, eff. June 30, 2009; Acts 2013, No. 179, §1, eff. Jan. 1, 2014; Acts 2014, No. 868, §5, eff. Oct. 1, 2014.
A. Upon the refusal of the department to grant a license or upon the revocation of a license, the agency, institution, society, corporation, person or persons, or other group having been refused a license or having had a license revoked shall have the right to appeal such action by submitting a written request to the secretary of the department within thirty days after receipt of the notification in the case of the refusal of the license or, in the case of revocation, within fifteen calendar days after receipt of the notification of the revocation. The appeal hearings shall be held no later than thirty days after the request therefor, except as provided in the Administrative Procedure Act, and shall be conducted in accordance with applicable regulations of the department and the provisions of R.S. 46:107. This provision shall in no way preclude the right of the party to seek relief through mandamus suit against the department, as provided by law.
B. Notwithstanding any law, rule, regulation, or provision to the contrary, including but not limited to R.S. 49:978.1(A)(2), the department shall be entitled to seek judicial review from any final decision or order rendered by the division of administrative law in any appeal hearing arising under this Chapter. The venue of judicial review shall be the district court of the parish in which the licensee is located.
Acts 1985, No. 286, §1; Acts 2009, No. 194, §2, eff. June 30, 2009; Acts 2013, No. 179, §1, eff. Jan. 1, 2014; Acts 2014, No. 868, §5, eff. Oct. 1, 2014.
Whoever operates as a specialized provider, as defined in R.S. 46:1403, without a valid license issued by the department shall be fined not less than one thousand dollars per day for each day of such offense.
Acts 1985, No. 286, §1; Acts 2012, No. 599, §1, eff. Jan. 1, 2013; Acts 2013, No. 179, §1, eff. Jan. 1, 2014; Acts 2014, No. 868, §5, eff. Oct. 1, 2014.
If any specialized provider operates without a valid license issued by the department, the department may file suit in the district court in the parish in which the specialized provider is located for injunctive relief, including a temporary restraining order, to restrain the institution, society, agency, corporation, person or persons, or any other group operating the specialized provider or agency from continuing the violation. The state health officer shall have exclusive authority over all matters involving the prevention or spread of communicable diseases within a specialized provider.
Acts 1985, No. 286, §1; Acts 1990, No. 242, §2; Acts 2013, No. 179, §1, eff. Jan. 1, 2014; Acts 2014, No. 868, §5, eff. Oct. 1, 2014.
The department shall remove any child, youth, or all children and youth from any specialized provider when it is determined that one or more violations exist within the specialized provider which places the health and well-being of the child, youth, or children and youth in imminent danger; provided, however, that a contradictory hearing shall be held within seven days thereafter by the district court of the district to determine whether the action was justified and whether and how long it shall continue.
Acts 1985, No. 286, §1; Acts 2014, No. 868, §5, eff. Oct. 1, 2014; Acts 2016, No. 502, §1.
Repealed by Acts 2013, No. 179, §2, eff. Jan. 1, 2014.
A. It shall be prohibited for an adoption facilitator, as is defined in R.S. 46:1426, to advertise for adoption services.
B. It shall be unlawful for any person other than a licensed child-placing agency or a Louisiana-based crisis pregnancy center or Louisiana-based pregnancy resource center to advertise through print or electronic media that it will adopt children or assist in the adoption of children.
C. If any person advertises in violation of this Section, the attorney general, the Department of Children and Family Services, the appropriate district attorney, or any licensed child-placing agency or a Louisiana-based crisis pregnancy center may file suit in district court according to the general rules of venue to obtain injunctive relief to restrain the person from continuing the violation.
D. Nothing in this Section shall apply to any individual licensed to practice law in this state while such individual is engaged in the practice of law or to any individual licensed to provide mental health counseling as provided in Children's Code Article 1120 and preplacement and home studies as provided in Children's Code Article 1173.
E. Anyone who violates the provisions of this Section shall be liable for all costs of any proceeding brought to enjoin such violation, including reasonable attorney fees, which shall be set by the court.
Acts 1997, No. 1070, §1; Acts 2013, No. 179, §1, eff. Jan. 1, 2014; Acts 2024, No. 362, §1.
A. An adoption facilitator shall not engage in any of the following activities:
(1) Advertising for the purpose of soliciting parties to an adoption, locating children for an adoption, or acting as an intermediary between the parties to an adoption.
(2) Charging a fee or other valuable consideration for services rendered relating to an adoption, whether directly or indirectly, for locating children for adoption, or acting as an intermediary between the parties to an adoption.
B. As used in this Section, "adoption facilitator" means an individual or jurisdictional person that acts as intermediary or facilitator between adoptive parents and birth mothers. An "adoption facilitator" shall not include any of the following:
(1) A licensed adoption agency.
(2) An attorney licensed to practice law in Louisiana.
(3) Any individual licensed to provide mental health counseling as provided in Children's Code Article 1120 and preplacement and home studies as provided in Children's Code Article 1173.
(4) A Louisiana-based crisis pregnancy center or Louisiana-based pregnancy resource center.
(5) An individual who does not receive a fee or other valuable consideration for services rendered relating to an adoption, whether directly or indirectly, for locating children for adoption, or acting as an intermediary between the parties to an adoption.
C. A violation of this Section shall be an unfair trade practice as provided in R.S. 51:1401 et seq.
Acts 2024, No. 362, §1.
The Department of Children and Family Services shall not interfere with the parent-child relationship regarding the religious training of a child, where all of the following conditions are met:
(1) The parent or legal guardian has enrolled their child in a specialized provider, including but not limited to a child residential facility, operated by a religious, nonprofit organization which is exempt from federal income taxes pursuant to 26 U.S.C. §501(c)(3).
(2) Where, as a condition of enrollment, the child is required to attend religious services or classes and the parent or guardian of the child agrees to such condition.
Acts 2010, No. 569, §1, eff. June 25, 2010; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2014, No. 868, §5, eff. Oct. 1, 2014.
A. Each licensed specialized provider or child-placing agency, before November first of each year, shall make available to each child's parent or legal guardian and to each youth aged eighteen or above information relative to the risks associated with influenza and the availability, effectiveness, known contraindications, and possible side effects of the influenza immunization. Such information shall include the causes and symptoms of influenza, the means by which influenza is spread, and the places where a parent or legal guardian may obtain additional information and where a child or youth may be immunized against influenza. Such information shall be updated annually if new information on such disease is available.
B.(1) The Louisiana Department of Health shall develop and provide information on influenza immunization to the Department of Children and Family Services. The Department of Children and Family Services shall provide such information to each licensed specialized provider or child-placing agency, which shall make the information available to each child's parent or legal guardian and to each youth aged eighteen or above pursuant to Subsection A of this Section.
(2) The Louisiana Department of Health and the Department of Children and Family Services shall determine respectively the most cost-effective and efficient means of distributing such information.
C. The Department of Children and Family Services, in consultation with the Louisiana Department of Health, shall establish by rules and regulations all guidelines and procedures for carrying out the provisions of this Section in accordance with the Administrative Procedure Act.
D. Nothing in this Section shall be construed to require any specialized provider or child-placing agency, the Department of Children and Family Services, or the Louisiana Department of Health to provide or pay for immunizations against influenza.
Acts 2009, No. 343, §1; Acts 2013, No. 179, §1, eff. Jan. 1, 2014; Acts 2014, No. 868, §5, eff. Oct. 1, 2014; Acts 2016, No. 502, §1.
Repealed by Acts 2014, No. 868, §6, eff. Oct. 1, 2014.
A.(1) For violations related to supervision, criminal history record checks, state central registry clearances, staff-to-child ratios, motor vehicle checks, or failure to report critical incidents, the Department of Children and Family Services may issue a written warning that includes a corrective action plan, in lieu of revocation, upon any person or specialized provider violating these requirements if such condition or occurrence does not pose an imminent threat to the health, safety, rights, or welfare of a child. Failure to implement a corrective action plan issued pursuant to this Section may result in either the assessment of a civil fine or license revocation or may result in both actions being taken by the department. Such civil fine shall not exceed two hundred fifty dollars per day for each assessment; however, the aggregate fines assessed for violations determined in any consecutive twelve-month period shall not exceed two thousand dollars.
(2) The department shall adopt rules in accordance with the Administrative Procedure Act which articulate factors in determining the type of sanction imposed including the severity of risk, the actual harm and mitigating circumstances, the failure to implement a written corrective action plan, the history of noncompliance, an explanation of the treatment of continuing and repeat deficiencies, evidence of a good faith effort to comply, and any other relevant factors. The authority to impose sanctions pursuant to this Section shall commence on the effective date of the rules promulgated pursuant to this Section.
B. The department shall adopt rules and regulations in accordance with the Administrative Procedure Act to provide for notice to the specialized provider or child-placing agency of any violation, for a departmental reconsideration process for sanctions issued, and for an appeal procedure including judicial review. Such appeal shall be suspensive. All appeals pursuant to this Subsection shall be heard by the division of administrative law pursuant to Chapter 13-B of Title 49 of the Louisiana Revised Statutes of 1950. The division shall furnish to the facility or agency a copy of the decision, together with notice of the manner for requesting judicial review. During the pendency of an appeal, a specialized provider or child-placing agency may continue to receive funding for services provided to those eligible children as determined by the department.
C. The department may institute any necessary civil court action to collect fines imposed and not timely appealed. No specialized provider or child-placing agency shall claim imposed fines as reimbursable. Interest shall begin to accrue at the current judicial rate on the day following the date on which any fines become due and payable. All costs of any successful action to collect such fines, including travel expenses and reasonable attorney fees, shall be awarded to the department in addition to the fines.
D.(1) Civil fines collected pursuant to the provisions of this Section shall be deposited immediately into the state treasury.
(2) After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, and prior to the monies being placed in the state general fund, an amount equal to the amount deposited as provided in Paragraph (1) of this Subsection shall be credited to a special fund hereby created in the state treasury to be known as the "Specialized Provider Licensing Trust Fund", hereinafter referred to as "the fund". The monies in the fund shall be subject to annual appropriation and shall be available exclusively for use by the Department of Children and Family Services for the education and training of employees, staff, or other personnel of specialized provider and child-placing agencies.
(3) The monies in the fund shall be invested by the treasurer in the same manner as the monies in the state general fund, and all interest earned from the investment of monies in the fund shall be deposited in and remain to the credit of the fund. All unexpended and unencumbered monies remaining in the fund at the end of the fiscal year shall remain in the fund.
Acts 2012, No. 599, §1, eff. Jan. 1, 2013; Acts 2014, No. 868, §5, eff. Oct. 1, 2014; Acts 2021, No. 31, §1.
A. There is hereby created a Missing and Exploited Children Information Clearinghouse within the Department of Public Safety and Corrections, office of state police. The deputy secretary for public safety services shall establish services deemed appropriate by the department to aid in the location of missing and/or exploited children. The department may promulgate rules and regulations in accordance with the Administrative Procedure Act to provide for the Missing and Exploited Children Information Clearinghouse.
B. The clearinghouse is established as a central repository of information regarding missing and/or exploited children. Such information shall be collected and disseminated to assist in the location of missing children and the reporting of exploited children to the proper agency.
C. As used in this Section:
(1) "Exploited child" means one whose health or welfare has been harmed by any person, responsible or not for the child's health or welfare, which harm occurs or is threatened through nonaccidental sexual contact which includes sexual abuse as defined in Ch.C. Article 603.
(2) "Missing child" means any individual under the age of eighteen years, whose temporary or permanent residence is in Louisiana, whose location has not been determined, and who has been reported missing to a federal or state law enforcement agency.
(3) "Missing child report" is a report prepared on a form designed by the Department of Public Safety and Corrections, office of state police, for use by private citizens and law enforcement agencies to report missing children information to the Missing and Exploited Children Information Clearinghouse.
Acts 1985, No. 899, §1; Acts 2011, No. 70, §3.
A. The clearinghouse shall:
(1) Establish a system of intrastate communication of information relating to children determined, by the parent, guardian, or legal custodian of the child, or by a law enforcement agency, to be missing and/or exploited.
(2) Provide a centralized file for the exchange of information on missing children within the state.
(3) Interface with the National Crime Information Center for the exchange of information on children suspected of interstate travel.
B. Any parent, guardian, or legal custodian may submit to the clearinghouse a missing child report on any child whose whereabouts is unknown, regardless of the circumstances, subsequent to the reporting of such to the appropriate law enforcement agency and may also submit to the clearinghouse information on exploited children. Such reports and information shall be included in the clearinghouse data base.
C. The clearinghouse shall collect, process, maintain, and disseminate information on missing and/or exploited children and shall strive to maintain or disseminate only accurate and complete information.
Acts 1985, No. 899, §1.
A. The parent, guardian, or legal custodian responsible for notifying the clearinghouse or a law enforcement agency of a missing or exploited child shall immediately notify such agency or the clearinghouse of any child whose location has been determined.
B. Any law enforcement agency shall transmit information of the recovery of a missing child to the clearinghouse, which shall maintain the information in the central repository pursuant to R.S. 46:1431 and 1432.
Acts 1985, No. 899, §1; Acts 2012, No. 446, §4; Acts 2018, No. 206, §5.
A. When fingerprints are taken for the purpose of identifying a child, should that child become missing, the state agency, public or private organization, or other person taking such fingerprints shall not reveal the fingerprints to any law enforcement agency or other person for any purpose other than the identification of a missing child.
B. Fingerprints of children taken and retained by any state agency, public or private organization, or other person, excluding the parent or legal custodian of the child, shall be destroyed upon the child's reaching eighteen years of age.
Acts 1985, No. 899, §1.
Repealed by Acts 2014, No. 868, §7, eff. Feb. 1, 2015.
Repealed by Acts 2014, No. 868, §7, eff. Feb. 1, 2015.
Repealed by Acts 2014, No. 868, §7, eff. Feb. 1, 2015.
Repealed by Acts 2014, No. 868, §7, eff. Feb. 1, 2015.
Repealed by Acts 2014, No. 868, §7, eff. Feb. 1, 2015.
Repealed by Acts 2014, No. 868, §7, eff. Feb. 1, 2015.
Repealed by Acts 2014, No. 868, §7, eff. Feb. 1, 2015.
Repealed by Acts 2014, No. 868, §7, eff. Feb. 1, 2015.
Repealed by Acts 2014, No. 868, §7, eff. Feb. 1, 2015.
Repealed by Acts 2014, No. 868, §7, eff. Feb. 1, 2015.
Repealed by Acts 2014, No. 868, §7, eff. Feb. 1, 2015.
Repealed by Acts 2014, No. 868, §7, eff. Feb. 1, 2015.
Repealed by Acts 2014, No. 868, §7, eff. Feb. 1, 2015.
Repealed by Acts 2014, No. 868, §7, eff. Feb. 1, 2015.
Repealed by Acts 2014, No. 868, §7, eff. Feb. 1, 2015.
The legislature finds that the development of intergenerational child care programs is desirable and should be encouraged and fostered by the state. The number of elderly in the state has increased dramatically in the past decade. The elderly represent a largely untapped and growing community resource. Encouraging the elderly to work in child care provides an opportunity to address many difficult problems, including generational isolation, unemployment among the elderly, and a shortage of workers for child care positions. Therefore, it is the intent of the legislature to provide for the development of intergenerational child care programs.
Acts 1990, No. 1087, §1.
As used in this Chapter, the following definitions shall apply unless the context clearly states otherwise:
(1) "Child care facilities" means those facilities regulated pursuant to the Child Care Facility and Child-Placing Agency Licensing Act (R.S. 46:1401-1424).
(2) "Department" means the Department of Children and Family Services.
(3) "Office" means the office of children and family services, Department of Children and Family Services.
(4) "Public assistance" means subsidized child care assistance.
(5) "Senior worker" means any person fifty-five years of age or older.
Acts 1990, No. 1087, §1.
A. The office of children and family services, Department of Children and Family Services shall issue a request for proposals to establish intergenerational child care programs designed to employ or utilize senior workers as child care personnel. In developing the requirements for the request for proposals, the office shall consider a variety of program designs and funding arrangements which shall directly involve senior workers in daycare facilities and shall include but not be limited to programs providing salary stipends, transportation, or meals. Priority shall be given to proposals submitted from those areas of the state with significant numbers of elderly and with the greatest need for child care facilities.
B. To be eligible to receive funding, an applicant shall:
(1) Submit a proposal which meets the requirements of the request for proposals issued by the office.
(2) Provide documentation that the proposal will involve senior workers in child care facilities.
(3) Agree to involve local or area elderly or senior citizen organizations, agencies, and advocacy groups, including but not limited to councils on aging and the American Association of Retired Persons.
(4) Agree to enroll children of persons receiving public assistance in the child care facility.
(5) Complete licensure requirements of the Child Care Facility and Child-Placing Agency Licensing Act (R.S. 46:1401-1424).
C. The office, through the Department of Children and Family Services, shall promulgate rules and regulations in accordance with the Administrative Procedure Act to implement the requirements of this Chapter.
Acts 1990, No. 1087, §1.
Repealed by Acts 2022, No. 252, §4.
This Chapter shall be known and may be cited as the "Improving Access to Child Care for Homeless Louisiana Families Act".
Acts 2014, No. 787, §2, eff. June 19, 2014.
As used in this Chapter, the following terms have the meaning ascribed to them in this Section:
(1) "Administration for Children and Families" and "ACF" mean the division of the United States Department of Health and Human Services which administers the Child Care and Development Block Grant.
(2) "Child Care and Development Fund" and "CCDF" mean the fund and program authorized by the Child Care and Development Block Grant Act and Section 418 of the Social Security Act to assist low-income families in obtaining child care.
(3) "Department" means the Department of Children and Family Services or its successor as administrator of the Child Care and Development Fund program in this state.
(4)(a) "Homeless" means lacking a fixed, regular, and adequate nighttime residence.
(b) For purposes of this Chapter, the term "homeless" shall encompass children and youths experiencing the particular conditions and situations provided for in Subtitle B of Title VII of the McKinney-Vento Education for Homeless Children and Youth Act, 42 U.S.C. §11434a(2).
Acts 2014, No. 787, §2, eff. June 19, 2014.
A. The Legislature of Louisiana hereby finds and declares the following:
(1) Families with minor children comprise a significant and growing segment of the homeless population of this state.
(2) As filed with the Administration for Children and Families, the Child Care and Development Fund plan of this state for the period October 1, 2013, through September 30, 2015, authorizes the same services for families experiencing homelessness as for other low-income families. However, the plan does not address other eligibility factors that may be a barrier for homeless families in seeking child care assistance.
(3) Louisiana requires parents who receive subsidized child care to work or attend school for a prescribed number of hours in a defined period as a condition of receiving child care assistance but, unlike many other states, does not waive work and education activity requirements for homeless parents.
(4) Compliance with work and education activity requirements, as is mandated currently for homeless parents to receive child care assistance, is disproportionately more burdensome for homeless parents than for parents with stable housing, and creates unique risks to the safety and health of homeless children.
B. The purposes of this Chapter include, without limitation, the following:
(1) To mitigate barriers that Louisiana families experiencing homelessness face in accessing child care.
(2) To reduce the incidence of developmental delays and physical and mental health problems among young children who experience homelessness by providing access to quality child care.
Acts 2014, No. 787, §2, eff. June 19, 2014.
A. In order to fulfill the purposes of this Chapter, the secretary of the department shall take such actions as are necessary to accomplish all of the following:
(1) Ensure that services to families experiencing homelessness are included within the CCDF plan of this state if allowable as a use of Child Care and Development Block Grant funding pursuant to federal regulations.
(2) Establish a grace period of a defined duration in which a homeless family can be authorized to receive subsidized child care pending submission of birth certificates and immunization records, as long as all other eligibility factors are met.
(3) Waive requirements relative to hours of work and school engagement for homeless parents who apply for child care assistance and demonstrate that they are seeking employment or participating in a transitional living program for a period of not less than ninety days and not more than one hundred eighty days from the effective date of the certification for child care assistance.
(4) Collaborate and coordinate efforts with all of the following persons and entities to improve access by homeless families to information concerning child care and transportation to child care placements:
(a) Local child care programs.
(b) Local educational agency liaisons designated pursuant to the McKinney-Vento Education for Homeless Children and Youth Act.
(c) Any other persons and entities that provide services to homeless families.
(5) Collect data that indicates whether parents who receive child care subsidies are homeless.
B. The department shall promulgate rules in accordance with the Administrative Procedure Act, institute departmental policies, secure requisite federal approvals, and undertake any other actions as may be necessary to implement the provisions of this Section.
Acts 2014, No. 787, §2, eff. June 19, 2014.
Repealed by Acts 2014, No. 868, §7, eff. Feb. 1, 2015.
This Chapter may be cited as the "Adoption Awareness Act".
Acts 2024, No. 515, §1, eff. Jan. 1, 2025.
The purposes of this Chapter are all of the following:
(1) To encourage the formation and maintenance of two-parent families.
(2) To provide awareness of contemporary adoption practices.
(3) To ensure availability of accurate information on adoption.
Acts 2024, No. 515, §1, eff. Jan. 1, 2025.
As used in this Chapter, unless otherwise indicated, the terms have the meaning ascribed to them in this Section as follows:
(1) "Agency adoption" means the agencies that are licensed by the Department of Children and Family Services pursuant to Children's Code Article 1198 et seq.
(2) "Birth parent" means a person who has placed his or her child for adoption.
(3) "Department" means the Department of Children and Family Services.
(4) "Expectant parent" means a woman who is pregnant or the biological father of the unborn child of a pregnant woman.
(5) "Home study" means a preplacement analysis of a prospective adoptive parent as is provided in Children's Code Article 1173.
Acts 2024, No. 515, §1, eff. Jan. 1, 2025.
The Adoption Awareness Program is hereby created in the Department of Children and Family Services, and the department shall contract with eligible vendors or organizations to provide the supportive services as described in R.S. 46:1445.5.
Acts 2024, No. 515, §1, eff. Jan. 1, 2025.
A. Any vendor chosen by the department shall provide resources or services as follows:
(1) Marketing designed to provide awareness of adoption and specific adoption resources available in this state, including the creation of a website providing information on adoption and the name and contact information for one or more licensed adoption agencies to assist with an agency adoption.
(2) A telephone or video hotline that provides information and educational information for resources to encourage adoption. The educational information shall include all of the following:
(a) The adoption process.
(b) Practical aspects of adoption pertinent to an expectant parent.
(c) Resources and support that are available for expectant parents, birth parents, or adopted children.
(d) A biological parent's rights and legal protections.
(e) Available adoption agencies in this state.
(3) Adoption educational and training resources for doctors, nurses, hospitals, medical clinics, birthing centers, and pregnancy resource centers that provide helpful information as follows:
(a) A list of other professionals and organizations that serve pregnant women and provide support for women considering placing their children for adoption.
(b) The location of adoption agencies that can assist in the placement of children for adoption.
(c) How to discuss the adoption process and the resources and support available to women placing their child for adoption.
B. The vendor selected by the department may contract with another entity to provide the services required in this Section.
Acts 2024, No. 515, §1, eff. Jan. 1, 2025.
A nonprofit corporation or other entity is eligible to contract with the department as a vendor to provide services pursuant to this Chapter, and any vendor selected by the department is eligible to contract with a subcontractor if the nonprofit or other entity and any subcontractor meets all of the following requirements:
(1) Is in good standing with the secretary of state and registered to do business in this state.
(2) Is capable of providing, directly or through contract, the services in this Section.
(3) Is not an abortion provider or an entity that promotes, refers for, or assists women in obtaining an abortion.
Acts 2024, No. 515, §1, eff. Jan. 1, 2025.
To be eligible to begin participation in the Adoption Awareness Program, a birth parent or expectant parent shall be a person who meets at least one of the following requirements:
(1) A resident of this state who is the biological parent of an unborn child.
(2) Is a parent of a child under two years of age.
(3) Is a parent of a child in the custody of the department.
(4) Is a parent of a minor who is the biological parent of an unborn child.
Acts 2024, No. 515, §1, eff. Jan. 1, 2025.
A. A vendor chosen by the department pursuant to R.S. 46:1445.4 shall record and report monthly to the department related to the adoption program services provided pursuant to this Chapter, and the report shall include all of the following information:
(1) The number of participants who obtained a service pursuant to R.S. 46:1445.5.
(2) The number and type of services provided.
(3) The number and type of referrals made.
B. The department shall annually report to the House and Senate committees on health and welfare all of the information reported pursuant to this Section after redacting any private medical information and any other privileged information associated with the birth mothers, expectant parents, unborn children, and other children served by this program.
Acts 2024, No. 515, §1, eff. Jan. 1, 2025.
A. The department shall apply funds received from the Temporary Assistance to Needy Families (TANF) Block Grant to fund the Adoption Awareness Program services and the requirements of this Chapter to the extent feasible.
(1) A vendor of the Adoption Awareness Program may use appropriated funds in one or more of the following ways:
(a) Expenses necessary to provide services identified in R.S. 46:1445.5.
(b) Funding a marketing campaign within the state to promote adoption.
(c) Administrative expenses related to administrative overhead and other indirect costs that are approved by the department, if the aggregate amount of administrative expenses does not exceed fifteen percent.
B. The department shall fund anticipated program expenses in advance on a quarterly basis, with advanced funding to be reconciled with actual expenses following each quarter and offset against future payments.
Acts 2024, No. 515, §1, eff. Jan. 1, 2025.
A. The department shall not require, as a condition of participation in the Adoption Awareness Program, a vendor or its employees to violate the freedom of religion, freedom of speech, or freedom of association that is guaranteed by the First Amendment to the Constitution of the United States and made applicable to the state by the Constitution of Louisiana.
B. The department shall not require, as any condition of participation in the Adoption Awareness Program, the vendor or its employees to participate in or facilitate any action to which the vendor or its employee has a conscience objection.
C. Notwithstanding its participation in the Adoption Awareness Program, a vendor may offer other religious or sectarian services or programs utilizing funds from other sources.
Acts 2024, No. 515, §1, eff. Jan. 1, 2025.
Nothing in this Chapter shall be interpreted to violate the rights and protections afforded to a birth parent or an expectant parent that are enacted in the Children's Code, the Civil Code, or in any other provision of law.
Acts 2024, No. 515, §1, eff. Jan. 1, 2025.
A. A vendor shall prepare an overview of the Adoption Awareness Program on a brochure or other written media that describes the website created pursuant to R.S. 46:1445.5 and any other pertinent contact information related to the program or that is required by the department.
B. The department shall provide a copy or copies of the document prepared pursuant to this Section and shall make the documents available to any one of the following:
(1) Any public health office.
(2) Any high school or middle school.
(3) Any charitable clinic at which a diagnosis of pregnancy may be made.
(4) Any person obtaining testing through a public health office for a sexually transmitted infection.
(5) Any pregnant woman applying to receive Medicaid.
C. The department shall provide a copy of the document prepared pursuant to this Section to the parent of any child taken into the custody by the department.
D. The department shall promulgate all rules and regulations necessary to implement the provisions of this Chapter. The rules shall include but not be limited to appropriate oversight provisions and penalties for failure to achieve program objectives as provided for in this Chapter, measures to ensure the clinical efficacy and financial viability of the program, and benchmarks to achieve best practice outcomes. The department shall report annually to the legislature on the status of the program.
Acts 2024, No. 515, §1, eff. Jan. 1, 2025.
A link to the AdoptionOption.La.Gov website as provided for in R.S. 40:1061.17, or any successor state agency administered website that promotes adoption awareness and makes adoption resource information available to the public, shall be made available and placed in a prominent location on the websites administered by the Louisiana Department of Health and the Department of Children and Family Services. Any other state agency that administers a website may also provide a link to the AdoptionOption.La.Gov website.
Acts 2024, No. 515, §1, eff. Jan. 1, 2025.
This Chapter shall not be implemented or operational until monies are secured from the Temporary Assistance for Needy Families (TANF) sufficient to fund the provisions of this Chapter.
Acts 2024, No. 515, §1, eff. Jan. 1, 2025.
Repealed by Acts 2014, No. 868, §7, eff. Feb. 1, 2015.
Repealed by Acts 2014, No. 868, §7, eff. Feb. 1, 2015.
Repealed by Acts 2014, No. 868, §7, eff. Feb. 1, 2015.
As used in this Chapter, the following terms have the meaning ascribed to them in this Section:
(1) "Department" means the Department of Children and Family Services.
(2) "Program" means the continuum of care program established and provided for in this Chapter.
(3) "TANF" means the Temporary Assistance for Needy Families block grant program established pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193, and administered in this state by the Department of Children and Family Services.
Acts 2022, No. 561, §1, eff. June 17, 2022.
A. The legislature hereby creates within the department a continuum of care program for certain pregnant women and parents, referred to hereafter in this Chapter as the "program".
B.(1) The purpose of the program is to facilitate the operation of a statewide telecare support network that provides community outreach, consultations, and care coordination for women who are challenged with unexpected pregnancies.
(2) The program shall be designed to accomplish all of the following goals:
(a) Encourage healthy childbirth.
(b) Support childbirth as an alternative to abortion.
(c) Promote family formation.
(d) Assist parents in establishing successful parenting techniques.
(e) Increase the economic self-sufficiency of families.
C.(1) The program shall encompass a statewide telecare support network. The department shall provide in rule for the functions and administration of this network.
(2) The rules of the department providing for the telecare support network shall ensure that the network does not hold itself out to be an entity that can perform, refer for, or assist with an abortion. The telecare support network shall not set appointments with or refer women or parents to any entity that performs abortions or recommends for abortion.
D. The department shall finance the program with monies appropriated to it by the legislature for the operation of the program, including TANF funds, American Rescue Plan Act funds, and any other sources of revenue.
Acts 2022, No. 561, §1, eff. June 17, 2022.
A.(1) The program shall provide direct services, supports, social services case management, and referrals to biological parents of unborn children and biological or adoptive parents of children under the age of two years.
(2) The program shall deliver services exclusively through electronic means, including synchronous and asynchronous interactions, utilizing the telecare support network provided for in R.S. 46:1452 unless the legislature specifically appropriates monies for other modes of service delivery.
B. The components of the program shall include, without limitation, all of the following:
(1) Outreach to at-risk populations eligible for the program.
(2) Utilization of registered nurses, who shall be licensed in accordance with R.S. 37:911 et seq., to perform the following functions:
(a) Assessment and evaluation of needs related to pregnancy or parenting.
(b) Provision of medically accurate, pregnancy-related medical information to program participants.
(3) Utilization of social workers, who shall be licensed in accordance with R.S. 37:2701 et seq., or other licensed individuals with equivalent experience to perform the following functions:
(a) Development of a care plan, resources, and supports for program participants to address identified needs.
(b) Referrals to appropriate local resources including, without limitation, state and federal benefits programs and local charitable organizations.
(c) Assistance in applying for state and federal benefits programs.
(d) Assistance in accomplishing elements of the care plan.
(4) Coordination for pregnant women served by the telecare support network of appointments with in-person pregnancy resources centers or similar agencies in this state which provide information and services including, without limitation, counseling, ultrasound services, pregnancy tests, prenatal assistance, parenting classes, material support, and adoption information.
C. In order to be eligible to receive services through the program, an individual shall, at the time of initial contact with the program, meet all of the following requirements:
(1) Is a resident of this state.
(2) Is a biological parent of an unborn child or a biological or adoptive parent of a child under the age of two years.
D. Any program participant who terminates a pregnancy shall be eligible to continue receiving services through the program for a period of six months from the date of the pregnancy termination.
Acts 2022, No. 561, §1, eff. June 17, 2022.
On or before December 1, 2023, and annually thereafter, the department shall submit to the House and Senate committees on health and welfare a report on the status and operation of the program. Each report required by this Section shall include, at minimum, all of the following:
(1) A detailed itemization of expenditures associated with the program.
(2) The number of individuals served by the program, and for the individuals served, the types of services provided to each.
(3) Any information regarding the program requested by and provided to any elected member of the legislature during the period addressed in the report.
(4) Any other information that the secretary of the department deems necessary or appropriate for facilitating evaluation of the program.
Acts 2022, No. 561, §1, eff. June 17, 2022.
The department shall promulgate in accordance with the Administrative Procedure Act all such rules as are necessary to implement the provisions of this Chapter.
Acts 2022, No. 561, §1, eff. June 17, 2022.
Repealed by Acts 2010, No. 64, §2, eff. Oct. 1, 2010.
Repealed by Acts 2010, No. 64, §2, eff. Oct. 1, 2010.
Repealed by Acts 2010, No. 64, §2, eff. Oct. 1, 2010.
Repealed by Acts 2010, No. 64, §2, eff. Oct. 1, 2010.
In each parish a voluntary council on the aging may be organized and chartered to function within the parish in accordance with the provisions of this Chapter. Each such council shall be known and designated as "The (Name of Parish) Voluntary Council on the Aging."
Added by Acts 1958, No. 342, §1. Amended Acts 1964, No. 456, §1.
A.(1) Any five or more citizens of a parish who possess the qualifications set forth in this Section may associate themselves together for the purpose of making application to the office of elderly affairs, hereinafter in this Chapter referred to as the "office", for a charter for a parish voluntary council on the aging. The application shall set forth the names, addresses, and occupations of the persons who are to serve as members of the initial council and such other information as is required by this Chapter to be included in a parish charter.
(2) Immediately upon the receipt of an application, the office shall make such examination and investigation as it deems advisable. After the application has been approved by the executive director of the office, it shall be transmitted to the secretary of state, who is hereby authorized to issue a charter which thereafter shall constitute authority of the voluntary council on the aging to function in the parish for which the charter was issued in accordance with the provisions of this Chapter.
(3) Immediately upon issuance of the charter by the secretary of state, the parish voluntary council on the aging will be authorized to receive public funds from any governmental or political subdivision. Such funds shall be subject to audit by the legislative auditor or his duly authorized representative.
B. Each council shall be composed of not less than five citizens of the state from among citizens within the parish who are interested in the welfare of the aging people. Not more than one-half of the membership of a council may be elected officials. Any vacancy in the membership of a council shall be filled by the remaining members of the council for the remainder of the unexpired term.
C. The number of members of each council and the terms of members shall be determined by the council under the general guidelines established by the office of elderly affairs upon review and recommendation by the Louisiana Executive Board on Aging.
D. Each parish voluntary council on the aging shall be voluntary as to its membership and as to all plans, programs, and activities, and each shall be non-profit making and politically non-partisan and non-factional and shall be non-sectarian.
E. In any suit against a parish voluntary council on the aging for personal injury or wrongful death, the total amount recoverable, exclusive of medical care and related benefits and loss of earnings, or loss of support and loss of future support, shall not exceed five hundred thousand dollars.
F.(1) If the council is held liable for damages for personal injury or wrongful death, the court shall determine:
(a) The amount of general damages exclusive of:
(i) Medical care.
(ii) Related benefits.
(iii) Loss of earnings or support, or both.
(iv) Loss of future earnings or support, or both.
(b) The amount of medical care, related benefits, and loss of earnings or support, or both, to date of judgment.
(c) Whether the claimant is in need of future medical care and related benefits and the amount thereof.
(d) Whether there will be a loss of future earnings or support, and the amounts thereof.
(2)(a) "Medical care and related benefits" for the purpose of this Subsection means all reasonable medical, surgical, hospitalization, physical rehabilitation, and custodial services, and includes drugs, prosthetic devices, and other similar materials reasonably necessary in the provision of such services.
(b) "Loss of earnings" and "loss of support" for the purpose of this Subsection mean any form of economic loss already sustained by the claimant as a result of the injury or wrongful death which forms the basis of the claim. "Loss of future earnings" and "loss of future support" mean any form of economic loss which the claimant will sustain after the trial as a result of the injury or wrongful death which forms the basis of the claim.
G. A person who serves as an officer or board member of a parish voluntary council on aging, whether he serves with or without compensation for such services, shall not be individually liable for any act or omission resulting in damage or injury arising out of the exercise of his judgment in the formation and implementation of policy while acting as an officer or board member, provided he was acting in good faith and within the scope of his official functions and duties, unless such damage was caused by his willful or wanton misconduct.
H. Any director, employee, or agent, including any volunteer, of a home repair or maintenance program of a parish voluntary council on aging, and any director, employee, or agent of the council, including any volunteer, for actions related to such program, found to be acting in good faith and in compliance with the provisions of R.S. 46:937.1(B) or (C), and absent of any finding of willful and wanton misconduct or gross negligence, shall be immune from any civil liability that might otherwise be incurred or imposed by law.
Added by Acts 1958, No. 342, §2. Amended by Acts 1964, No. 456, §1; Acts 1971, No. 126, §1; Acts 1978, No. 708, §1; Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1981, No. 867, §1; Acts 1985, No. 629, §2, eff. July 16, 1985; Acts 1987, No. 597, §1; Acts 1992, No. 648, §2, eff. July 2, 1992; Acts 1995, No. 1134, §1, eff. June 29, 1995; Acts 2018, No. 206, §5.
Each parish voluntary council on the aging shall meet within thirty days after the effective date of its charter and shall elect from its membership a chairman and such other officers as it deems necessary. The terms for which officers shall serve shall be determined by the council.
Added by Acts 1958, No. 342, §3. Amended by Acts 1964, No. 456, §1; Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1981, No. 867, §1.
It shall be the duty of each parish voluntary council on the aging to collect facts and statistics and make special studies of conditions pertaining to the employment, financial status, recreation, social adjustment, mental and physical health, or other conditions affecting the welfare of the aging people in the parish therein; to keep abreast of the latest developments in these fields of activity throughout the state and nation; to interpret its findings to the citizens of the parish; to provide for a mutual exchange of ideas and information on the parish and state level; to conduct public meetings to make recommendations for needed improvements and additional resources; to promote the welfare of aging people when requested to do so; to coordinate and monitor the services of other local agencies serving the aging people of the parish; to assist and cooperate with the office; and to make recommendations relevant to the planning and delivery of services to the elderly of the parish. Each parish council may appoint subcommittees to undertake such special studies as it authorizes and may appoint to such subcommittees persons qualified in any field of activity relating to the welfare of the aging people.
Added by Acts 1958, No. 342, §4. Amended by Acts 1964, No. 456, §1; Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1981, No. 867, §1.
A. The functions of each parish voluntary council on the aging shall comply with the objectives of state laws and shall be governed by the policies and regulations established by the office and upon review and recommendation of the Louisiana Executive Board on Aging as provided in R.S. 46:934. Copies of such policies and regulations shall be furnished to each parish council by the office prior to their effective date.
B. The office, with approval of the governor, and upon review and recommendation of the Louisiana Executive Board on Aging, may revoke the charter of any parish voluntary council on the aging for noncompliance with the provisions of this Chapter or the policies, regulations, or amendments thereto established by the office. Any parish council may be dissolved and surrender its charter upon a decision to do so reached by a majority vote of the total membership of the council. Upon revocation or surrender of the charter, a parish council shall cease to function under the provisions of this Chapter.
Added by Acts 1958, No. 342, §5. Amended by Acts 1964, No. 456, §1; Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1981, No. 867, §1; Acts 1992, No. 648, eff. July 2, 1992.
NOTE: Subsection A and Paragraph (B)(1) eff. until an Act of the Louisiana Legislature containing a specific appropriation of monies for the implementation of Act 348 of the 2025 Regular Session becomes effective. See Acts 2025, No. 348.
A. The legislature shall appropriate to the office of elderly affairs, for distribution by the executive director of the office to the various voluntary parish councils on aging, funds sufficient to allocate to each parish council two dollars and fifty cents for each person sixty years or older who is a resident of the parish as shown by the latest official census estimate or one hundred thousand dollars, whichever is greater. The office of elderly affairs shall include funds in their annual budget request for increases in funding based on the number of elderly as estimated in the above census. Notwithstanding the foregoing, such total annual appropriation shall be for a minimum of six million nine hundred thousand dollars.
B.(1) Funds appropriated by the legislature pursuant to Subsection A of this Section shall be distributed by the executive director of the office of elderly affairs and shall be allocated to each parish council in an amount equal to two dollars and fifty cents for each resident of the parish age sixty years or older, as shown by the latest official estimate approved by the United States Bureau of the Census, or one hundred thousand dollars, whichever is greater. The sums so allocated shall be distributed quarterly during the first thirty days of each quarter of the fiscal year. In appropriating funds pursuant to this Section, the legislature shall specifically provide for the allocation of funds to the respective parish councils in accordance with the provisions of this Section.
NOTE: Subsection A and Paragraph (B)(1) eff. upon an Act of the Louisiana Legislature containing a specific appropriation of monies for the implementation of Act 348 of the 2025 Regular Session becomes effective. See Acts 2025, No. 348.
A. The legislature shall appropriate to the office of elderly affairs, for distribution by the executive director of the office to the various voluntary parish councils on aging, funds sufficient to allocate to each parish council four dollars for each person sixty years or older who is a resident of the parish as shown by the latest official census estimate or one hundred fifty thousand dollars, whichever is greater. The office of elderly affairs shall include funds in their annual budget request for increases in funding based on the number of elderly as estimated in the above census. Notwithstanding the foregoing, such total annual appropriation shall be for a minimum of ten million four hundred ninety-four thousand two hundred thirty-eight dollars.
B.(1) Funds appropriated by the legislature pursuant to Subsection A of this Section shall be distributed by the executive director of the office of elderly affairs and shall be allocated to each parish council in an amount equal to four dollars for each resident of the parish age sixty years or older, as shown by the latest official estimate approved by the United States Bureau of the Census, or one hundred fifty thousand dollars, whichever is greater. The sums so allocated shall be distributed quarterly during the first thirty days of each quarter of the fiscal year. In appropriating funds pursuant to this Section, the legislature shall specifically provide for the allocation of funds to the respective parish councils in accordance with the provisions of this Section.
(2) In the event of the temporary or permanent relocation of state residents age sixty or over due to a disaster, the executive director of the Office of Elderly Affairs may modify the distribution of money, subject to the approval of the Joint Legislative Committee on the Budget.
C. The executive director of the office of elderly affairs shall distribute the funds appropriated pursuant to this Section and allocated to particular parish councils to each parish council which has filed its charter and its articles of incorporation with the bureau and with the secretary of state, provided such council is in compliance with all budgetary and fiscal requirements of law. Such funds shall be distributed in the amounts as provided by the legislature in accordance with this Section.
D.(1) Funds appropriated pursuant to this Section shall not be in lieu of and shall not in any way replace any other funds appropriated or to be appropriated to or for the voluntary parish councils on aging, including those appropriated pursuant to Title III of the Older Americans Act, 42 U.S.C. 3021 et seq., or other funds allocated pursuant to the Older Americans Act, and any other funds presently appropriated, allocated, or otherwise made available or funds hereafter appropriated, allocated, or otherwise made available for use by the voluntary parish councils on aging.
(2) Except as provided in Paragraph (3) of this Subsection, the balance of any funds appropriated pursuant to this Section which are not allocated to a particular parish council pursuant to the formula provided in this Section shall be allocated to the office of elderly affairs, to be distributed quarterly and to be used for administrative costs and continuing education and training for the parish voluntary councils on aging.
(3) The executive director may allocate funds not appropriated to a particular council on aging pursuant to the formula provided in this Section to one or more parish councils on aging if such parish receives an increase in Louisiana residents age sixty or over due to a disaster. Such allocation shall be subject to review and approval of the Joint Legislative Committee on the Budget.
E. Each voluntary parish council on aging annually shall file with the office of elderly affairs a financial statement for the previous fiscal year of all receipts and disbursements of funds allocated pursuant to this Section, such statement to be filed no later than thirty days after the close of each fiscal year.
F. For the purposes of this Section, "disaster" means a disaster declared by the governor by executive order or proclamation pursuant to the Louisiana Homeland Security and Emergency Assistance and Disaster Act, R.S. 29:721 et seq.
Added by Acts 1979, No. 735, §1, eff. July 20, 1979. Amended by Acts 1981, No. 696, §1, eff. July 20, 1981; Acts 1983, No. 434, §1; Acts 2006, No. 693, §1, eff. June 29, 2006; Acts 2007, No. 344, §1; Acts 2017, No. 203, §1, eff. July 1, 2017; Acts 2019, No. 127, §1; Acts 2025, No. 348, §1, eff. See Act.
A. There shall be conducted annually the silver-haired legislature for the elderly. This shall include an educational program as to the democratic process.
B. Any person aged sixty or over and who is a registered voter in Louisiana shall be eligible to seek office.
C. A caucus will be held by all eligible persons as defined in Subsection B above to elect their delegates to the silver-haired legislature, according to areas defined and procedures established and disseminated in advance by the Louisiana Association of Councils on Aging, with approval of the secretary of state.
D. Persons elected to the silver-haired legislature shall develop legislation, revise that legislation in committee, and debate and pass bills on the floor of the silver-haired legislature.
E. The sessions of the silver-haired legislature shall not conflict with the regular or special sessions of the Louisiana Legislature and may be held in the chambers of the Senate and House of Representatives of the Louisiana Legislature in accordance with the rules of order of each house.
F. All elected officials of the state of Louisiana shall be excluded from seeking office for the silver-haired legislature.
G. The legislature shall annually appropriate to the Louisiana Association of Councils on Aging funds sufficient to provide for an annual silver-haired legislature.
H. Funds appropriated by the legislature shall be used to provide an educational program that demonstrates the democratic process by providing the older citizens of Louisiana an opportunity to make known to the public their areas of legislative interest.
Added by Acts 1979, No. 739, §1, eff. July 20, 1979; Acts 1985, No. 629, §1, eff. July 16, 1985; Acts 1991, No. 982, §1; Acts 1992, No. 482, §1.
A. The legislature shall appropriate annually to the office of elderly affairs, hereinafter referred to as the "office", for distribution by the executive director of the office to the various voluntary parish councils on aging, except in Rapides Parish to a corporation or organization which has provided senior center services for a minimum of two years and which is hereinafter referred to as the "Rapides Parish area agency", for the operation of senior centers throughout the state, funds sufficient to allocate to each parish council on aging, except in Rapides Parish to the Rapides Parish area agency, a sum equal to fifty thousand dollars, plus five dollars and eighteen cents per person above a base population of three thousand persons age sixty years or older who are residents of the parish, as shown by the latest official census estimate, but in no case less than fifty thousand dollars. The office shall include funds in their annual budget request for increases in funding based on the number of elderly as estimated in the census estimate.
B. Funds appropriated by the legislature pursuant to Subsection A of this Section shall be distributed by the executive director of the office and shall be allocated to each parish council on aging, except in Rapides Parish to the Rapides Parish area agency, in the amount of a sum equal to fifty thousand dollars, plus five dollars and eighteen cents per person above a base population of three thousand persons age sixty years or older who are residents of the parish as shown by the latest official census estimate, but in no case less than fifty thousand dollars. The sums so allocated shall be distributed quarterly during the first thirty days of each quarter of the fiscal year. In appropriating funds pursuant to this Section, the legislature shall specifically provide for the allocation of funds to the respective parish councils, except in Rapides Parish to the Rapides Parish area agency, in accordance with the provisions of this Section.
C. The executive director of the office shall distribute the funds appropriated pursuant to this Section and allocated to particular parish councils, except in Rapides Parish to the Rapides Parish area agency, to each parish council, except in Rapides Parish to the Rapides Parish area agency, which has filed its charter and its articles of incorporation with the office and with the secretary of state, provided such council, except in Rapides Parish the Rapides Parish area agency, is in compliance with all budgetary and fiscal requirements of law. Such funds shall be distributed in the amounts as provided by the legislature in accordance with this Section.
D. Funds appropriated pursuant to this Section shall not be in lieu of and shall not in any way replace any other funds appropriated, or to be appropriated, to or for the voluntary parish councils on aging, except in Rapides Parish to the Rapides Parish area agency, including those appropriated pursuant to Title III of the Older Americans Act (42 U.S.C. 3021 et seq.) or other funds allocated pursuant to the Older Americans Act, and any other funds presently appropriated, allocated, or otherwise made available or any funds hereafter appropriated, allocated, or otherwise made available for use by the voluntary parish councils on aging, except in Rapides Parish to the Rapides Parish area agency. The balance of any funds appropriated pursuant to this Section which are not allocated to a particular parish council, except in Rapides Parish to the Rapides Parish area agency, pursuant to the formula provided in this Section shall be allocated to the parish councils of the parishes of Beauregard, Bienville, Cameron, Iberville, Natchitoches, Plaquemines, Pointe Coupee, St. John, Vernon, and Winn in an amount equal to the amount necessary to maintain program operations at the 1982-1983 funding level. The remaining portion thereof shall be divided in equal amounts between the parish councils of the parishes of Orleans and Ouachita.
E. The provisions of this Section shall be administered in accordance with policies and procedures established by the office of elderly affairs in accordance with the Administrative Procedure Act.
F. The executive director may reallocate funds between parish councils on aging, or in Rapides Parish, to or from the Rapides Parish Area Agency, to provide for an increase or decrease in Louisiana residents age sixty or over in such parish due to a disaster. Such allocation shall be subject to review and approval of the Joint Legislative Committee on the Budget. For the purposes of this Subsection "disaster" means a disaster declared by the governor by executive order or proclamation pursuant to the Louisiana Homeland Security and Emergency Assistance and Disaster Act (R.S. 29:721 et seq.).
G. The Jefferson Council on Aging shall allocate services in accordance with the provisions of R.S. 46:1608.1 among centers in the parish of Jefferson at which activities and services for residents age sixty or over are provided.
Added by Acts 1983, No. 690, §1. Acts 1988, No. 1007, §1, eff. July 1, 1988; Acts 1992, No. 574, §1; Acts 1997, No. 1182, §1; Acts 2006, No. 693, §1, eff. June 29, 2006; Acts 2017, No. 215, §1; Acts 2023, No. 100, §1, eff. June 6, 2023.
A. Subject to the conditions provided in Subsection B of this Section, the Jefferson Council on Aging, referred to hereafter in this Section as the "council", shall ensure delivery of a minimum level of services at the following centers within the set of services to be funded with monies disbursed pursuant to R.S. 46:1608 or another funding source:
(1) The Harvey Community Center.
(2) The Marrero Community and Senior Center.
(3) The Woodmere Community Center.
B.(1) The council shall allocate funding for services at a center designated in Subsection A of this Section only if a nonprofit service provider that provides activities, programs, and services for residents age sixty and over at the primary location of the center has entered into a contract, cooperative endeavor agreement, memorandum of understanding, or other agreement with Jefferson Parish.
(2) The council shall provide for services to be provided at each center designated in Subsection A of this Section until the value of the services provided for and funded pursuant to this Section at the center reaches ten thousand dollars in a fiscal year.
(3) The services provided pursuant to this Section shall be for residents age sixty or over exclusively, and may include, without limitation, any of the following:
(a) A senior prescription program providing low-cost or free prescription medications to seniors.
(b) A senior health insurance information program.
(c) Aging and disability resources.
(d) The following special services for seniors:
(i) Care management including, without limitation, personal care and respite care services.
(ii) Homemaker services.
(iii) Legal resources and services.
(iv) Educational services.
(v) Nutrition services.
(vi) Transportation services.
C. No monies allocated for services pursuant to the provisions of this Section shall be used to displace, replace, or supplant any local or state funding for the operation of a center designated in Subsection A of this Section.
Acts 2017, No. 215, §1.
A. The following board and bureau are hereby merged, consolidated, and placed under the jurisdiction of the Louisiana Board of Institutions, and all the functions of said board and bureau shall be transferred to the Louisiana Board of Institutions.
(1) The Bureau of Probation and Parole of the Department of Public Welfare, except the Juvenile Probation and Parole Service, set up by R.S. 46:1251 through 1256, as amended, and except the probation services rendered by the Department of Public Welfare in connection with criminal neglect of family cases as provided in Title 15 of the Louisiana Revised Statutes of 1950, as amended, which shall remain with the Department of Public Welfare.
(2) The Board of Parole, R.S. 15:574.2 through 574.13, as amended.
(3) The administration of the policies and decisions made and the carrying out of rules and regulations adopted by the aforesaid Bureau of Probation and Parole and Board of Parole shall be the responsibility of the Louisiana Board of Institutions. That department shall provide personnel, office space, clerical assistance, and equipment to the aforesaid Bureau of Probation and Parole and Board of Parole to carry out their respective functions.
B. Nothing in this Section shall be construed as giving the Louisiana Board of Institutions any authority over the Board of Parole or the Bureau of Probation and Parole or their respective functions. These agencies shall have complete autonomy from the Louisiana Board of Institutions regarding their policies and decisions relative to the parole of prisoners of this State.
Added by Acts 1960, No. 374, §1.
In addition to the duties imposed upon it otherwise in this Chapter, it shall be the duty of the Louisiana Board of Institutions to:
(1) Represent the public interest in the administration of this Section.
(2) To advise the Governor and the Board of Parole and Bureau of Probation and Parole on problems concerning the administration of their functions.
(3) To establish job placement and training committees and to appoint the members of the committees who shall advise and assist in finding gainful employment for parolees about to be released on parole from any penal or correctional institution, and in providing programs for the training of inmates of penal and correctional institutions. These committees shall be selected on the basis of knowledge, interest and experience in the various allied fields of interest of the particular committee on which they serve. It shall be the duty of the committee to study the need and problems of convicted persons upon their return to society, and to assist the Louisiana Board of Institutions in the placement of parolees. Recommendations of the committee shall not be binding on the Louisiana Board of Institutions, but should be persuasive and followed as far as is practicable. The Louisiana Board of Institutions shall prescribe the places and times of meeting of each of the committees.
(4) To make, either at the direction of the Governor or upon the petition of any citizen for just cause, any investigation concerning the administration of this Section and to review, modify or set aside any action by the employees which the Board may determine to be desirable or necessary in the public interest.
(5) To make and publish annual reports and such special reports as it considers desirable to the Governor regarding the administration of this Section.
(6) To conduct hearings and to pass upon complaints that may be made concerning the administration of this Section.
(7) To make, alter, amend and promulgate rules. For the purpose of providing uniformity in administration of the agencies herein transferred and merged, the Louisiana Board of Institutions may adopt special rules.
(8) To hear and pass upon such other matters which may from time to time be brought before the Board for determination (including the transfer of inmates between correctional and penal institutions).
Acts 1960, No. 374, §2.
The Board of Parole, upon request of the Governor, may make investigations and reports to assist the Governor in making decisions relative to granting pardons and reprieves.
Added by Acts 1960, No. 374, §3.
Upon the transfer of functions, any pending or unfinished business shall be taken over and completed by the Louisiana Board of Institutions or the Board of Parole and the Bureau of Probation and Parole with the same power and authority had by the agency from which the functions are transferred. The Louisiana Board of Institutions shall be the successor in every way to the agency from which such functions are transferred, subject to the specific provisions of this Chapter, and every act done in the exercise of such functions by the Board shall be deemed to have the same force and effect under any provisions of law in effect as if done by the agency from which such functions are transferred. Whenever any agency from which functions are transferred or designated by any law or contract or other document, such reference or designation shall be deemed to apply to the Louisiana Board of Institutions; provided that to the extent necessary to prevent the impairment of the contractual obligations of any agency heretofore existing, or of the State of Louisiana, the existence, organization and functions of any such agency shall be excluded from the provisions of this Section, and like exclusion shall be made whenever necessary to prevent any violation of the provisions, terms or conditions of any gift, donation, deed, will, trust or other instrument or disposition by which property of any nature or description has been vested in any agency affected by this Section, or the diversion from the purposes for which such property was donated, deeded, devised or bequeathed, or otherwise vested in any such agency; provided, further, that the provisions of this Section shall not be construed or applied in such a way as to prevent full compliance by the state or any agency thereof with the requirements of any Act of the Congress of the United States or any regulations made thereunder by any officer or agency of the Federal Government, by which Federal aid or other financial assistance from the United States has been made available to this state of any subdivision or agency thereof, anything contained in this Section to the contrary notwithstanding.
All books, papers, records, money, choses in action and other property heretofore used or possessed by any agency in the exercise of functions hereby transferred shall be transferred to the Louisiana Board of Institutions.
Added by Acts 1960, No. 374, §5.
All employees heretofore engaged in the performance of duties, in any agency, in the exercise of functions transferred by this Section to the Louisiana Board of Institutions shall be transferred with such functions to the Louisiana Board of Institutions and shall, so far as practicable, continue to perform the duties heretofore performed, subject to the State Civil Service law.
Added by Acts 1960, No. 374, §6.
REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
Repealed by Acts 2016, No. 604, §3.
Repealed by Acts 2016, No. 604, §3.
Repealed by Acts 2016, No. 604, §3.
Repealed by Acts 2015, No. 411, §4, eff. July 1, 2015.
Repealed by Acts 2016, No. 604, §3.
Repealed by Acts 2016, No. 604, §3.
Repealed by Acts 2016, No. 604, §3.
Repealed by Acts 2016, No. 604, §3.
Repealed by Acts 2016, No. 604, §3.
Repealed by Acts 2016, No. 604, §3.
§§1751 to 1767 Repealed by Acts 1989, No. 662, §8, eff. July 7, 1989.
§§1771 to 1775 Repealed by Acts 1989, No. 662, §8, eff. July 7, 1989.
Repealed by Acts 2013, No. 66, §2, eff. May 31, 2013.
Repealed by Acts 2013, No. 66, §2, eff. May 31, 2013.
Repealed by Acts 2013, No. 66, §2, eff. May 31, 2013.
Repealed by Acts 2013, No. 66, §2, eff. May 31, 2013.
Repealed by Acts 2013, No. 66, §2, eff. May 31, 2013.
REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
This Chapter may be cited as the Crime Victims Reparations Act.
Added by Acts 1982, No. 250, §1, eff. July 17, 1982.
As used in this Chapter:
(1) "Accessory" includes an accessory after the fact and also a principal, as those terms are defined by the Louisiana Criminal Code.
(2) "Board" means the Crime Victims Reparations Board.
(3) "Child" means an unmarried person under eighteen years of age, and includes a natural child, adopted child, stepchild, child born outside of marriage, any of the above who is a student not over twenty-three years of age, and a child conceived prior to but born after the personal injury or death of the victim.
(4) "Claimant" means a victim or a dependent of a deceased victim, or the legal representative of either, an intervenor, the healthcare provider who provides healthcare services associated with a forensic medical examination as defined in R.S. 15:622, or in the event of a death, a person who legally assumes the obligation or who voluntarily pays the medical or the funeral or burial expenses incurred as a direct result of the crime.
(5) "Collateral source" means a source of benefits for pecuniary loss awardable, other than under this Chapter, which the claimant has received or which is readily available to him or her from any or all of the following:
(a) The offender under an order of restitution to the claimant imposed by a court as a condition of probation or otherwise.
(b) The United States or a federal agency, a state or any of its political subdivisions, or an instrumentality of two or more states.
(c) Social Security, Medicare, and Medicaid.
(d) Workers' compensation.
(e) Wage continuation programs of an employer.
(f) Proceeds of a contract of insurance payable to the claimant for pecuniary loss sustained by the claimant by reason of the crime.
(g) A contract providing prepaid hospital and other health care services, or benefits for disability.
(6) "Dependent" means a spouse or any person who is a dependent of a victim within the meaning of Section 152 of the United States Internal Revenue Code (26 U.S.C. 152).
(7) "Healthcare facility" means a facility or institution providing healthcare services, including but not limited to a hospital or other licensed inpatient center; ambulatory surgical or treatment center; skilled nursing facility; inpatient hospice facility; residential treatment center; diagnostic, laboratory, or imaging center; or rehabilitation or other therapeutic health setting.
(8) "Healthcare provider" means a physician or other healthcare practitioner licensed, certified, registered, or otherwise authorized to perform specified healthcare services consistent with state law.
(9) "Healthcare services" means services, items, supplies, or drugs for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease ancillary to a sexually oriented offense.
(10) "Intervenor" means a person who goes to the aid of another and is killed or injured in the good faith effort to prevent a crime covered by this Chapter, to apprehend a person reasonably suspected of having engaged in such a crime, or to aid a peace officer. "Peace officer" shall include commissioned police officers, sheriffs, deputy sheriffs, marshals, deputy marshals, correctional officers, constables, wildlife enforcement agents, and probation and parole officers.
(11) "Pecuniary loss" means the amount of expense reasonably and necessarily incurred by reason of personal injury, as a consequence of death, or a catastrophic property loss, and includes:
(a) For personal injury:
(i) Medical, hospital, nursing, or psychiatric care or counseling, and physical therapy.
(ii) Actual loss of past earnings and anticipated loss of future earnings because of a disability resulting from the personal injury or the receipt of medically indicated services by a victim related to the personal injury.
(iii) Care of a child or dependent.
(iv) Counseling or therapy for the parents or siblings of a child who is the victim of a sexual crime.
(v) Loss of support for a child victim of a sexual crime not otherwise compensated for as a pecuniary loss for personal injury.
(vi) Relocation for claimants who have to relocate as a result of the crime for reasons of personal safety or other reasons reasonably related to the crime.
(b) As a consequence of death:
(i) Funeral, burial, or cremation expenses.
(ii) Loss of support to one or more dependents not otherwise compensated for as a pecuniary loss for personal injury.
(iii) Care of a child or children enabling the surviving spouse of a victim or the legal custodian or caretaker of the deceased victim's child or children to engage in lawful employment, where that expense is not otherwise compensated for as a pecuniary loss for personal injury.
(iv) Counseling or therapy for any surviving family member of the victim or any person in close relationship to such victim.
(v) Crime scene cleanup.
(vi) Relocation for claimants who have to relocate as a result of the crime due to the death of the victim.
(c) As to catastrophic property loss, the loss must be so great as to cause overwhelming financial effect on the victim or other claimant and shall be restricted to loss of abode.
(d) Any other expense associated with the collection and securing of crime scene evidence.
(12) "Pecuniary loss" does not include loss attributable to pain and suffering.
(13) "Reparations" means payment of compensation in accordance with the provisions of this Chapter for pecuniary loss resulting from physical injury, death, or catastrophic property loss by reason of a crime enumerated in this Chapter.
(14) "Sexually oriented criminal offense" shall have the same meaning as sex offense as defined in R.S. 15:541(24).
(15) "Victim" means:
(a) Any person who suffers personal injury, death, or catastrophic property loss as a result of a crime committed in this state and covered by this Chapter. This includes any person who is a victim of human trafficking as defined by R.S. 14:46.2, a victim of trafficking of children for sexual purposes as defined by R.S. 14:46.3, or a victim of any offense involving commercial sexual exploitation including but not limited to R.S. 14:81.1, 81.3, 82, 82.1, 82.2, 83, 83.1, 83.2, 83.3, 83.4, 84, 85, 86, 89.2, 104, 105, and 282.
(b) A Louisiana resident who is a victim of an act of terrorism, as defined in 18 U.S.C. 2331, occurring outside the United States.
(c) A Louisiana resident who suffers personal injury or death as a result of a crime described in R.S. 46:1805, except that the criminal act occurred outside of this state. The resident shall have the same rights under this Chapter as if the act had occurred in this state upon a showing that the state in which the act occurred does not have an eligible crime victims reparations program and the crime would have been compensable had it occurred in Louisiana. In this Subparagraph, "Louisiana resident" means a person who maintained a place of permanent abode in this state at the time the crime was committed for which reparations are sought.
Added by Acts 1982, No. 250, §1, eff. July 17, 1982; Acts 1984, No. 844, §2, eff. July 13, 1984; Acts 1985, No. 542, §1; Acts 1989, No. 258, §1; Acts 1991, No. 409, §1; Acts 1995, No. 421, §1; Acts 1997, No. 935, §1; Acts 2004, No. 26, §14; Acts 2010, No. 772, §1; Acts 2014, No. 564, §4; Acts 2015, No. 229, §4, eff. June 23, 2015; Acts 2022, No. 487, §2; Acts 2023, No. 193, §3.
A. The Crime Victims Reparations Board is created and established under the jurisdiction of the Louisiana Commission on Law Enforcement and Administration of Criminal Justice in the office of the governor. The board shall be domiciled in Baton Rouge.
B. The board shall be composed of the executive director of the Louisiana Commission on Law Enforcement and Administration of Criminal Justice or his designee, one person, who shall be chosen and appointed by the governor, from a list of three recommendations submitted to the governor by any victim's rights advocacy organization which is recognized as a nonprofit with the Internal Revenue Service, incorporated or organized in the state of Louisiana and in good standing, and does not engage in political activity, with each organization submitting a list of three names, and nine members who shall be appointed by the governor for a term concurrent with that of the governor. However, no person nominated by any victim's rights advocacy organization shall be appointed to serve as a member of the board who has previously been confirmed by the Senate and has served as a member of the board. Each appointment shall be submitted to the Senate for confirmation. At least one member shall be appointed from each of the congressional districts in the state. Of the governor's nine appointees, at least one shall be a full voting member who shall be sixty years of age or over and shall serve as a representative of the elderly population of Louisiana.
C. A vacancy in the membership of the board shall be filled by appointment by the governor.
D. Members shall serve without compensation, but shall be paid a per diem not in excess of seventy-five dollars and shall be reimbursed for travel expenses incurred in attendance at meetings of the board and other expenses incurred on business of the board at its direction.
E. A majority of the members of the board shall constitute a quorum for the transaction of all business.
F. The members of the board shall annually elect from their membership a chairman and a vice chairman.
Added by Acts 1982, No. 250, §1, eff. July 17, 1982. Amended by Acts 1984, No. 844, §2, eff. July 13, 1984; Acts 1987, No. 332, §1; Acts 1988, No. 113, §1, eff. June 29, 1988; Acts 1995, No. 471, §1; Acts 1995, No. 1150, §1; Acts 2010, No. 961, §2.
NOTE: SEE ACTS 1984, NO. 544, §5.
NOTE: SEE ACTS 1988, NO. 113, §2 RELATIVE TO TERMS OF OFFICE.
A. A person who believes he is a victim of a crime enumerated in R.S. 46:1805, or his legal representative, or in the case of death, a dependent or the legal representative of a dependent, or the rightful claimant as defined in R.S. 46:1802(4), shall be eligible to make application to the board for reparations and shall be eligible for an award of reparations in accordance with the provisions of this Chapter.
B. During the sentencing for a crime, the judge shall inform the victim of the crime, or his legal representative, or in the case of death, a dependent or the legal representative of a dependent or the rightful claimant, of the potential eligibility for an award of reparations. The judge shall also provide the contact information for the Crime Victims Reparations Board to such persons for submitting an application to the board for an award of reparations.
Added by Acts 1982, No. 250, §1, eff. July 17, 1982. Acts 1995, No. 421, §1; Acts 2012, No. 396, §1.
A. The board may make an award and order the payment of reparations for pecuniary loss in accordance with the provisions of this Chapter for personal injury, death, or catastrophic property loss resulting from any act or omission to act that is defined as a misdemeanor under any local ordinance or as a crime under state or federal law and involves the use of force or the threat of the use of force or any human trafficking-related offense.
B.(1) For the purposes of this Chapter, the operation of a motor vehicle, boat, or aircraft that results in personal injury or death shall not constitute a crime unless the personal injury or death was intentionally inflicted through the use of such vehicle, boat, or aircraft, or was caused by an operator in violation of R.S. 14:98, 98.1, or 100.
(2) "Intentionally inflicted" includes, but is not limited to personal injury or death resulting due to operation of a motor vehicle, boat, or aircraft used to flee the scene of a crime in which the operator of the motor vehicle, boat, or aircraft knowingly participated.
(3) "Human trafficking-related offense" shall include the perpetration or attempted perpetration of R.S. 14:46.2 or 46.3 or any other crime involving commercial exploitation including R.S. 14:81.1, 81.3, 82, 82.1, 82.2, 83, 83.1, 83.2, 83.3, 83.4, 84, 85, 86, 89.2, 104, 105, and 282.
C. For the purposes of this Chapter, a person shall be deemed to have committed a criminal act or omission notwithstanding that by reason of age, insanity, drunkenness, or other reason he was legally incapable of committing a crime.
Added by Acts 1982, No. 250, §1, eff. July 17, 1982. Acts 1984, No. 844, §2, eff. July 13, 1984; Acts 1985, No. 542, §1; Acts 1987, No. 474, §1; Acts 1989, No. 255, §1; Acts 1989, No. 306, §1; Acts 1997, No. 1296, §6, eff. July 15, 1997; Acts 2014, No. 564, §4.
A.(1)(a) An application for reparations shall be filed in writing with the board within one year after the date of the personal injury, death, or catastrophic property loss or within such longer period as the board determines is justified by the circumstances. The application shall be valid only if reasonable documentation of the crime resulting in the personal injury, death, or catastrophic property loss is submitted with the application.
(b) For the purposes of this Subsection, "reasonable documentation" means any of the following:
(i) A police report documenting the commission of the crime.
(ii) Court records evidencing the criminal prosecution of a crime relevant to the application.
(iii) A certification of the crime signed under oath by any licensed clinical social worker, professional counselor, or healthcare provider that conducted an examination of the injuries resulting from the commission of the crime.
(iv) A certification of the crime signed under oath by a prosecuting attorney or investigating law enforcement officer who has personal involvement in the prosecution or investigation of any criminal case relative to the application.
(v) Any other documentation the board deems sufficient to show the commission of a crime relevant to the application.
(2)(a) Notwithstanding the provisions of Paragraph (1) of this Subsection and except as provided in Subparagraph (b) of this Paragraph, an application filed by a dependent or legal representative of a deceased victim of a homicide offense, or filed by a claimant as defined in R.S. 46:1802(4), shall be filed within five years after the date on which the judgment of conviction becomes final or within five years after the date on which the supreme court denies the defendant's first application for appeal.
(b) Notwithstanding the provisions of Paragraph (1) of this Subsection, when the death of the offender occurs prior to a conviction for a homicide offense, an application filed by a dependent or legal representative of a deceased victim of a homicide offense, or filed by a claimant as defined in R.S. 46:1802(4), shall be filed within five years after the date of the death of the offender.
B.(1) An application for reparations related to a sexually oriented criminal offense shall be filed in writing with the board within one year after the date on which the personal injury, death, or catastrophic property loss occurred or within such longer period as the board determines is justified by the circumstances.
(2) A victim of a sexually oriented criminal offense shall not be required to report a sexually oriented criminal offense to any law enforcement officer for purposes of a claimant filing a valid application for reparations pursuant to this Subsection.
(3) A claimant that files an application for reparations for personal injury or death resulting from a sexually oriented criminal offense shall submit certification from a healthcare provider or coroner that a forensic medical examination of the victim was conducted and an itemized billing statement for all related services provided by the healthcare provider or coroner.
(4) The coroner shall provide certification to the healthcare provider that a forensic medical examination was conducted.
(5) The healthcare provider shall submit certification to the board that a forensic medical examination was conducted when requested by a claimant.
C. Application shall be made on a form prescribed and provided by the board, which shall contain at least the following:
(1) A description of the date, nature, and circumstances of the act or acts resulting in the physical injury, death, or catastrophic property loss, and of the crime, if known.
(2) A complete financial statement, including the cost of medical care or funeral, burial, or cremation expenses, the loss of wages or support, and the extent of the property loss, if any, which the claimant has incurred or will incur and the extent to which the claimant has been indemnified for these expenses from any collateral source.
(3) Where appropriate, a statement indicating the extent of any disability resulting from the injury incurred.
(4) An authorization permitting the board or its representatives to verify the contents of the application.
(5) Such other information as the board may require.
D. The following information, when submitted to the board as part of an application, shall be confidential:
(1) Documents submitted by a claimant which relate to medical treatment including any itemized billing statements.
(2) Law enforcement investigative reports.
(3) Forensic medical examination.
E. Records, documents, and information in the possession of the board received pursuant to a law enforcement investigation or a verification of application by a law enforcement agency shall be considered investigative records of a law enforcement agency as described in R.S. 44:3 and shall not be disseminated under any condition without the permission of the agency providing the record or information to the board.
F. A victim who was owed restitution as a condition of an offender's parole pursuant to R.S. 15:574.4.2(C)(1)(a) but whose restitution payments were directed to the Crime Victims Reparations Fund pursuant to R.S. 15:574.4.2(C)(1)(b) may file an application for recovery of the restitution in a written format developed by the board.
Added by Acts 1982, No. 250, §1, eff. July 17, 1982. Acts 1986, No. 121, §1; Acts 1995, No. 421, §1; Acts 2010, No. 772, §1; Acts 2012, No. 396, §1; Acts 2015, No. 229, §4, eff. June 23, 2015; Acts 2017, No. 53, §2; Acts 2022, No. 487, §2.
A. The board shall administer the provisions of this Chapter and Chapter 21-A of this Title and shall be responsible, in accordance with this Chapter and Chapter 21-A of this Title, for determining all matters pertaining to applications for reparations, investigations, and determinations based upon its findings, the granting or rejecting of claims, and fixing the amounts of the grants or payments and the methods of their payment.
B. In the performance of its powers and duties, the board shall:
(1) Prescribe, distribute, and otherwise make available forms for use in making application for reparations and, where appropriate, recovery of restitution funds directed to the Crime Victims Reparations Fund pursuant to R.S. 15:574.4.2(C)(1)(b).
(2) Prepare and distribute pamphlets, informational materials, and application forms, and otherwise assist in making the residents of the state aware of the provisions of this Chapter.
(3) Receive, verify, and process applications for reparations and, where appropriate, recovery of restitution funds directed to the Crime Victims Reparations Fund pursuant to R.S. 15:574.4.2(C)(1)(b).
(4) Hold such hearings, take such testimony, and make such investigations as are necessary with respect to any application received by it.
(5) Make a written decision with respect to each application received by it and order payment of reparations or, where appropriate, recovery of restitution funds to victims in accordance with this Chapter.
(6) Take such other actions and perform such other functions as are required by this Chapter or necessary to accomplish its purposes.
(7) Develop, adopt, and promulgate rules in the manner provided in the Administrative Procedure Act and in accordance with the provisions of R.S. 46:1806(B). The rules shall contain specific guidelines which shall establish the reasonable costs to be reimbursed for all healthcare services or expenses ancillary to a forensic medical examination.
(8) Take actions and perform other functions as are required by Chapter 21-A of this Title or necessary to perform its purposes.
C. The board also may:
(1) Promulgate rules and regulations necessary to carry out its business or the provisions of this Chapter.
(2) Through its chairman or acting chairman administer oaths or affirmations to persons appearing before it, send for papers, documents, and records, and subpoena witnesses.
(3) Appoint committees, including advisory committees.
(4) Use the services, personnel, facilities, and information, including recommendations, estimates, and statistics, of federal agencies and those of state and local public agencies and private institutions, with or without reimbursement therefor.
(5) Request such information, data, and reports from any federal agency as the board may require and as may be produced consistent with law.
D.(1) The Louisiana Commission on Law Enforcement and Administration of Criminal Justice shall provide the office space and personnel necessary to carry out the functions of the board and effectuate the purposes of this Chapter. In addition, to the extent that funds are appropriated or otherwise available therefor, the board may employ personnel including experts required in connection with particular applications before it.
(2) The sheriff of each parish and the criminal sheriff of the parish of Orleans shall carry out the policies, decisions, and orders of the board and shall provide the office space and personnel in their respective parishes necessary to effectuate the purposes of this Chapter.
E. Upon request of the board, each state agency or institution shall make available, to the greatest practical extent, its services, equipment, personnel, facilities, and information, including recommendations, estimates, and statistics.
F. The board shall maintain a current record of the laws relating to crime victims reparations in other states and territories of the United States. The board need not keep a current record of laws in other countries. Upon request, the board shall assist Louisiana residents to determine if they meet the criteria specified in R.S. 46:1802(10)(b).
Added by Acts 1982, No. 250, §1, eff. July 17, 1982. Acts 1984, No. 844, §2, eff. July 13, 1984; Acts 1989, No. 258, §1; Acts 2015, No. 229, §4, eff. June 23, 2015; Acts 2017, No. 53, §2; Acts 2023, No. 193, §3; Acts 2023, No. 451, §2.
A. Upon receipt of one or more applications for reparations resulting from the same crime, the board shall examine the application to determine that it is complete and shall schedule all of such claims for consideration at the same time. If the board determines that a hearing is necessary to a decision in the matter, it shall fix the day, time, and place thereof and shall notify the claimant or claimants and such other persons as have indicated a desire to be present or that the board desires to hear. The notice shall be in writing and shall be mailed by certified mail at least ten days prior to the day fixed for the hearing.
B. Hearings shall be open to the public unless in a particular case the board determines that all or part of the hearing should be closed, taking into consideration the fact that an accused has not been convicted or that a closed hearing is in the best interest of the victim. The applicant may appear and be heard and present evidence on his own behalf or through counsel or legal representative. Any person who has a substantial interest in the proceedings, as determined by the board, may appear before the board and shall have the right to introduce evidence and cross examine witnesses.
C. The members of the board and the attorney representing the board, if any, may question and cross examine witnesses. The board may bring before it physicians or other experts to examine any claimant. The board may receive in evidence any statement, document, information, or matter that it believes may contribute to the purposes of the hearing or to any of its deliberations, whether or not a hearing is held and whether or not any of them would be admissible in court.
Added by Acts 1982, No. 250, §1, eff. July 17, 1982.
A. The board shall order the payment of reparations in an amount determined by it if, with or without hearings, it finds by a preponderance of the evidence that pecuniary loss was sustained by the victim or other claimant by reason of personal injury, death, or catastrophic property loss suffered by the victim and that such loss was proximately caused by a crime enumerated in R.S. 46:1805 and that such pecuniary loss has or will not be compensated from any collateral or other source.
B. In making its determination, the following provisions shall apply:
(1) A finding by the board, for purposes of considering an application for award under this Chapter, that the commission of a crime enumerated in R.S. 46:1805(A) resulted in a pecuniary loss covered by this Chapter shall be a sufficient finding with respect to the crimes giving rise to the application for a reparations award. However, the board may make a partial eligibility determination on an application prior to the incurring of a pecuniary loss by the victim or other claimant. When one part of an award is denied, the board shall favor a partial award over the total denial. An order for reparations may be made whether or not any person is arrested, prosecuted, or convicted of the crime giving rise to the application for reparations. The board may suspend proceedings in the interest of justice if a civil or criminal action arising from such act or omission constituting the crime is pending or imminent.
(2) Conviction of an offender of a crime giving rise to the application for reparations under this Chapter shall be conclusive evidence that the crime was committed.
(3)(a) No award of reparations shall be made if the board finds that:
(i) The claimant failed or refused to cooperate substantially with reasonable requests of appropriate law enforcement officials.
(ii) A totality of the circumstances indicate that the claimant was the offender or an accessory, or that an award to the claimant would unjustly benefit any of them. However, such ineligibility shall not apply if the claimant is a victim of human trafficking or trafficking of children for sexual purposes.
(b) The ineligibility provisions provided for in Items (a)(i) and (ii) of this Paragraph shall not apply if the claim for reparations results from a sexually oriented criminal offense.
(4) The board may deny or reduce an award:
(a) If a totality of the circumstances indicate that the behavior of the victim at the time of the crime giving rise to the claim was such that the victim bears some measure of responsibility for the crime that caused the physical injury, death, or catastrophic property loss or for the physical injury, death, or catastrophic property loss. However, such ineligibility shall not apply if the claimant is a victim of a human trafficking-related offense as defined by R.S. 46:1805 or a sexually oriented criminal offense as defined by R.S. 15:622.
(b) To the extent that the pecuniary loss is recouped from collateral or other sources.
(c) If it finds that the vehicle operated by the victim was without security as required by R.S. 32:861.
(d) If it finds that the victim was not wearing a safety belt in compliance with R.S. 32:295.1.
(e) If it finds that the victim was a willing passenger in a motor vehicle, boat, or aircraft that was operated by an individual who was in violation of R.S. 14:98 or 98.1.
(5) No reparations of any kind shall be awarded under this Chapter to a victim who is injured or killed while confined in any state, parish, or city jail, prison, or other correctional facility as a result of a conviction of any crime. However, if, prior to a conviction, the victim was injured or killed while incarcerated, the board may deny reparations if it is subsequently determined that the victim was guilty of the offense which resulted in his incarceration.
C. No victim or dependent shall be denied reparations solely because he or she is a relative of the offender or was living with the offender at the time of the injury or death. However, reparations may be awarded to a victim or dependent who is a relative, family or household member of the offender at the time of the award only if it can be reasonably determined that the offender will receive no substantial economic benefit or unjust enrichment from the award.
D.(1) When a victim applies for the recovery of restitution pursuant to R.S. 46:1806(F) the board shall order the payment of the restitution to the victim if all of the following conditions apply:
(a) The board determines that an offender was ordered to pay restitution to the victim as a condition of the offender's release on parole pursuant to R.S. 15:574.4.2(C)(1)(a).
(b) The restitution payments were directed to the Crime Victims Reparations Fund pursuant to R.S. 15:574.4.2(C)(1)(b).
(2) When the board orders payment pursuant to the provisions of Paragraph (1) of this Subsection, the provisions of Subsections A and B of this Section regarding criteria for and determinations of eligibility for reparations and determinations of the amount of reparations do not apply.
E. No victim or claimant shall be denied or otherwise deemed ineligible for reparations pursuant to this Chapter, nor shall any award for reparations pursuant to this Chapter be reduced, on the basis that the victim or claimant has any conviction or adjudication of delinquency, on the basis that the victim or claimant is currently on probation or parole, or on the basis that the victim or claimant has previously served any sentence of incarceration, probation, or parole unrelated to the offense for which reparations would otherwise be awarded pursuant to this Chapter.
Added by Acts 1982, No. 250, §1, eff. July 17, 1982. Acts 1983, No. 162, §1; Acts 1985, No. 542, §1; Acts 1989, No. 255, §1; Acts 1990, No. 512, §1; Acts 1991, No. 409, §2; Acts 1995, No. 421, §1; Acts 1997, No. 1296, §6, eff. July 15, 1997; Acts 2012, No. 446, §4; Acts 2014, No. 564, §4; Acts 2015, No. 229, §4, eff. June 23, 2015; Acts 2017, No. 53, §2; Acts 2019, No. 418, §1; Acts 2022, No. 487, §2.
A. Awards payable under this Chapter shall not exceed fifteen thousand dollars in the aggregate for all claims arising out of the same crime except for those victims who are permanently, totally, or permanently and totally disabled as a result of the crime, the aggregate award shall not exceed twenty-five thousand dollars.
B. In no case shall the total aggregate of awards given during any fiscal year to claimants residing in the same parish exceed the total amount of costs levied, collected, and remitted by that parish to the Louisiana Commission on Law Enforcement and Administration of Criminal Justice as required by R.S. 46:1816(D) for the preceding two fiscal years prior to the date of the crime to which this Chapter applies, or ten thousand dollars, whichever is greater. This Subsection shall not apply if the board determines that a qualified claimant would suffer severe and undue hardship if economic relief is not provided.
Acts 1983, No. 161, §1; Acts 1985, No. 542, §1; Acts 1989, No. 199, §1; Acts 1989, No. 256, §1; Acts 1991, No. 409, §1; Acts 2022, No. 487, §2.
A. The board may order the payment of an award in a lump sum or in installments. That part of an award equal to the amount of the pecuniary loss accrued to the date of the award shall be paid in a lump sum. In all other respects the board shall determine all matters respecting the payment of awards, consistent with the provisions of this Chapter.
B.(1) The board shall deduct from any payments it orders any amounts received from any collateral source.
(2) If a claimant receives payment from a collateral source after receiving an award from the Crime Victims Reparations Fund, then to the extent the total amount received exceeds the actual loss experienced the claimant shall reimburse the Crime Victims Reparations Fund, through the board.
C. The state treasurer shall pay to the person named in the order of payment of reparations the amount named therein in accordance with the provisions of such order.
D. The board shall not be subject to garnishment, execution, or attachment on any award.
Added by Acts 1982, No. 250, §1, eff. July 17, 1982. Acts 1986, No. 123, §1; Acts 1989, No. 257, §1.
A decision or order of the board with respect to any application or claim for reparations shall be subject to review in accordance with the provisions of Chapter 13 of Title 49 of the Louisiana Revised Statutes of 1950.
Added by Acts 1982, No. 250, §1, eff. July 17, 1982.
A. If it appears to the board prior to its taking action on a claim that an award likely will be made and that undue hardship will result to the claimant if no immediate economic relief is provided, the board may make an emergency award to the claimant pending its final decision in the case. The amount of an emergency award shall not exceed one thousand dollars.
B. The amount of any emergency award shall be deducted from any final award made to the claimant receiving the emergency award. The claimant shall repay to the board the excess of the emergency award over the final award, or the full amount if no final award is made. However, the board may waive all or part of the repayment if in its judgment repayment would cause severe financial hardship.
Added by Acts 1982, No. 250, §1, eff. July 17, 1982; Acts 2022, No. 487, §2.
A. An order for reparations payments under this Chapter shall not affect the right of any person to institute a civil suit to recover damages for the personal injury, death, or catastrophic property loss from any other person. However, if damages in a civil action are recovered, from the offender or any other third party, the person shall reimburse the Crime Victims Reparations Fund, through the board, in an amount equal to the amount of the reparations award or such lesser amount as is recovered in damages in the civil action.
B. When any person who has received an award from the board files a civil action to recover damages, he shall, at the time of the filing of the suit, notify the board and the attorney general.
Added by Acts 1982, No. 250, §1, eff. July 17, 1982; Acts 1991, No. 409, §1.
A. Whenever any person is convicted of a crime and an order for the payment of reparations is or has been made under this Chapter for a personal injury, death, or catastrophic property loss resulting from the act or omission constituting the crime for which conviction was had, the attorney general, within one year after the date on which the judgment of conviction becomes final, may institute a civil action against the convicted person for the recovery of all or any part of the reparations payment. The suit shall be instituted in the district court having jurisdiction in the parish in which such person resides or is found or, in Orleans Parish, in the civil district court for that parish. The court shall have jurisdiction to hear, determine, and render judgment in any such action. Any amount recovered under this Subsection shall be deposited in the state treasury and, after meeting the requirements of Article VII, Section 9 of the Constitution of Louisiana, credited to the Crime Victims Reparations Fund hereinafter created. If an amount greater than that paid pursuant to the order for payment of reparations is recovered and collected in any such action, the board shall pay the balance to the claimant.
B. The board shall provide the attorney general with such information, data, and reports as he may require to institute actions in accordance with this Section.
Added by Acts 1982, No. 250, §1, eff. July 17, 1982.
A. The Crime Victims Reparations Fund, hereinafter referred to as "the fund," is hereby created in the state treasury.
B. The fund shall be composed of:
(1) Monies derived from appropriations by the legislature.
(2) All monies paid as a cost levied on criminal actions, as provided by Subsections D and E of this Section.
(3) Any federal monies made available to the state for victim compensation.
(4) All monies received from any action to recover damages for a crime which was the basis of a reparations award under this Chapter.
(5) Any restitution paid by an offender to a victim for damages for a crime which was the basis of a reparations award under this Chapter, and any restitution payments owed to a victim as a condition of an offender's release on parole but directed to the fund pursuant to R.S. 15:574.4.2(C)(1)(b).
(6) Any monies paid into the fund from a defendant's escrow account, as provided by Chapter 21-C of this Title.
(7) Any gift, grant, devise or bequest of monies or properties of any nature or description.
(8) Monies deposited by the state treasurer from the collection of unclaimed prize money as provided for in R.S. 4:176 and R.S. 27:94, 252, 394, and 610, which shall be used exclusively to pay the expenses associated with healthcare services of victims of sexually oriented criminal offenses, including forensic medical examinations as defined in R.S. 15:622.
C.(1) Except as provided in Paragraphs (2) and (3) of this Subsection, all monies deposited in the fund shall be used solely to pay reparation awards to victims pursuant to this Chapter and disbursements therefrom shall be made by the state treasurer upon written order of the board, signed by the chairman, or a court.
(2)(a) Monies received from the collection of unclaimed prize money as provided for in R.S. 4:176 and R.S. 27:94, 252, and 394 shall be used exclusively to pay the expenses associated with healthcare services of victims of sexually oriented criminal offenses, including forensic medical examinations as defined in R.S. 15:622.
(b) Notwithstanding Subparagraph (a) of this Paragraph, for state Fiscal Years 2020-2021, 2021-2022, and 2022-2023, monies received from the collection of unclaimed prize money as provided for in R.S. 4:176 and R.S. 27:94, 252, and 394 shall be used exclusively to pay the expenses associated with healthcare services of victims of sexually oriented criminal offenses, including forensic medical examinations as defined in R.S. 15:622, lost earnings, and the reasonable costs of administering this Section. Such reasonable costs include salary for one full-time employee, salary for one part-time employee, equipment, operating expenses, and software support.
(3) Monies directed to the fund pursuant to R.S. 15:574.4.2(C)(1)(b) may be used to pay restitution owed to a victim pursuant to R.S. 15:574.4.2(C)(1)(a) who applies for recovery of the restitution funds pursuant to the provisions of this Chapter.
D.(1)(a) In addition to any other costs otherwise imposed by law, a cost of not less than fifty dollars for felonies and seven dollars and fifty cents for misdemeanors and violations of municipal and parish ordinances is hereby levied in each criminal action, except traffic violations other than those driving offenses defined in Title 14 of the Louisiana Revised Statutes of 1950, which results in a conviction. These costs shall be paid by the defendant. No court may suspend or waive the imposition of the costs provided for in this Section unless the defendant is found to be indigent, all other court costs are suspended or waived and no other costs, fines or assessments are levied, whether provided by law or imposed by the court, or unless restitution is ordered.
(b) The recipient of the costs shall remit all costs so collected to the Louisiana Commission on Law Enforcement and Administration of Criminal Justice on or before the first day of each calendar month to be deposited in the state treasurer's account for credit to the Crime Victims Reparations Fund after meeting the requirements of Article VII, Section 9 of the Constitution of Louisiana. The monies in this fund shall be invested by the state treasurer in the same manner as monies in the state general fund, and interest earned on the investment of these monies shall be credited to the fund following compliance with the requirement of Article VII, Section 9(B) relative to the Bond Security and Redemption Fund.
(2) Notwithstanding the provisions of Subsection C of this Section, monies deposited in the Crime Victims Reparations Fund may be used to pay reasonable costs of administering this Chapter. Disbursement of funds to pay such costs shall be made only on written authorization of the chairman or vice chairman of the board.
E.(1) In addition to other costs provided for in this Section, a person convicted of a felony, a misdemeanor, or a violation of an ordinance of any local government shall be assessed an additional two dollars as special costs. Such special costs shall be imposed by all courts, including mayor's courts and magistrate courts, and shall be used for the purpose of training local law enforcement officers as directed by the Peace Officer Standards and Training Council. The proceeds of the special costs shall be paid to the Louisiana Commission on Law Enforcement and Administration of Criminal Justice to be used to train local law enforcement agencies. The court, public office, or local governing body collecting the special costs imposed herein shall retain two percent of such costs to defray the administrative expenses of collecting and remitting the special costs.
(2) The recipient of the costs shall remit all costs so collected pursuant to this Subsection and other provisions of this Section to the Louisiana Commission on Law Enforcement and Administration of Criminal Justice on or before the first day of each calendar month to be deposited in the state treasurer's account for credit to the Crime Victims Reparations Fund after meeting the requirements of Article VII, Section 9 of the Constitution of Louisiana. The monies in this fund shall be invested by the state treasurer in the same manner as monies in the state general fund, and interest earned on the investment of these monies shall be credited to the fund following compliance with the requirement of Article VII, Section 9(B) of the Constitution of Louisiana, relative to the Bond Security and Redemption Fund. The amount of money generated by the two dollar fee included in the Crime Victims Reparation Fund shall be used by the Louisiana Commission on Law Enforcement and Administration of Criminal Justice to train local law enforcement officers and to provide assistance to local law enforcement agencies.
Added by Acts 1982, No. 250, §1, eff. July 17, 1982. Amended by Acts 1983, 1st Ex. Sess., No. 42, §1, eff. Jan. 19, 1983; Acts 1983, No. 159, §1; Acts 1984, No. 844, §2, eff. July 13, 1984; Acts 1985, No. 542, §1; Acts 1987, No. 474, §1; Acts 1989, No. 286, §1; Acts 1991, No. 409, §1; Acts 1991, No. 730, §1; Acts 2009, No. 440, §1; Acts 2012, No. 799, §3, eff. June 13, 2012; Acts 2015, No. 186, §3; Acts 2017, No. 53, §2; Acts 2020, No. 198, §1; Acts 2021, No. 440, §4, eff. July 1, 2021.
A.(1) Every hospital licensed under the laws of this state shall display prominently in its emergency room posters giving notification of the existence of the crime victims reparations program. The board shall set standards for the location of the display and shall provide posters and general information regarding this Chapter to each hospital.
(2) Every hospital and healthcare provider licensed under the laws of this state shall make available to hospitals and healthcare providers a pamphlet containing an explanation of the billing process for services rendered pursuant to the provisions of R.S. 40:1300.41.
B. Application forms provided by the board shall be made available to individuals upon request at the parish sheriff's office.
C. The failure of any hospital, law enforcement agency, or agent or employee thereof to comply with the requirements of this Section shall not give rise to a cause of action by any person against such hospital, law enforcement agency or agent or employee thereof; nor shall such failure in any way affect the time limitations provided for in this Chapter.
Acts 1983, No. 160, §1. Acts 1984, No. 844, §2, eff. July 13, 1984; Acts 1995, No. 421, §1; Acts 2015, No. 229, §4, eff. June 23, 2015.
The board shall submit an annual report to the legislature and the governor detailing its activities during the preceding year. The report shall be made available electronically on the website of the Louisiana Commission on Law Enforcement. A sufficient number of copies shall be printed for distribution to the governor, the chairman of the House Committee on Judiciary, the chairman of the Senate Committee on Judiciary C, and to as many others as may be requested.
Added by Acts 1982, No. 250, §1, eff. July 17, 1982; Acts 2014, No. 319, §1, eff. May 30, 2014.
No person shall procure or counsel another person to procure reparations under the provisions of this Chapter by any fraud. The penalty for the violation of the provisions of this Section shall be a fine of not more than five hundred dollars or imprisonment for not more than one year, or both.
Added by Acts 1982, No. 250, §1, eff. July 17, 1982.
As part of an order resulting from a hearing, the board shall determine and award reasonable attorney's fees, commensurate with services rendered, to be paid from the fund in accordance with rules adopted by the board. Additional attorney's fees may be awarded by a court in the event of a review by the court in which the claimant prevails. Attorney's fees may be denied on a finding that the claim or appeal is frivolous. Awards of attorney's fees shall be in addition to awards of reparations and may be made whether or not compensation is awarded. In no event shall an award of attorney's fees be in excess of a rate of fifty dollars per hour.
Added by Acts 1982, No. 250, §1, eff. July 17, 1982.
The state shall not be liable for the claim of any applicant in excess of the funds appropriated for the payment of claims under this Chapter.
Added by Acts 1982, No. 250, §1, eff. July 17, 1982.
A. The board shall reimburse a healthcare provider who performs a forensic medical exam in the amount of six hundred dollars. The board shall reimburse the healthcare facility at which a forensic medical exam was conducted for the cost of performing the exam in the amount of one thousand dollars.
B. In order to be reimbursed for the costs of performing a forensic medical exam, the healthcare provider or the healthcare facility seeking reimbursement shall submit to the board an attestation that a forensic medical exam was conducted. The attestation shall contain only sufficient information to identify the victim, the date that the exam was performed, and the address to which payment can be made for the healthcare provider or healthcare facility. The board shall not require any billing documentation or medical records from the healthcare provider or the healthcare facility as a condition of payment under the provisions of this Section.
C. A request for reimbursement by a healthcare provider or healthcare facility for the performance of a forensic medical exam shall not constitute reparations and therefore shall be immediately payable and not require approval from the board as a condition of payment. The board shall direct payment to be made to a healthcare provider or healthcare facility no later than thirty calendar days from the date that the attestation is submitted to the board by the healthcare provider or healthcare facility.
Acts 2022, No. 487, §2; Acts 2023, No. 193, §3.
This Chapter may be cited as the "Victims of Vehicular Homicide Act".
Acts 2023, No. 451, §2.
NOTE: Pursuant to R.S. 46:1831.16, this Chapter will terminate Aug. 1, 2027.
As used in this Chapter:
(1) "Board" means the Crime Victims Reparations Board as provided in R.S. 46:1803.
(2) "Reparations" means payment of compensation in accordance with the provisions of this Chapter for loss resulting from death by reason of a crime enumerated in this Chapter.
(3) "Victim" means:
(a) Any person who suffers death as a result of a crime committed in this state and covered by this Chapter.
(b) A Louisiana resident who suffers death as a result of a crime described in R.S. 46:1831.4, except that the criminal act occurred outside of this state. In this Subparagraph, "Louisiana resident" means a person who maintained a place of permanent abode in this state at the time the crime was committed for which reparations are sought.
Acts 2023, No. 451, §2.
NOTE: Pursuant to R.S. 46:1831.16, this Chapter will terminate Aug. 1, 2027.
Survivors enumerated in Civil Code Article 2315.2 shall be eligible to make an application to the board for reparations and shall be eligible for an award of reparations in accordance with the provisions of this Chapter. Upon charging or indictment of an offender convicted of a violation of R.S. 14:32.1, the judge shall inform the survivor of eligibility for an award of reparations. The judge shall also provide the contact information for the board to the persons for submitting an application to the board for an award of reparations.
Acts 2023, No. 451, §2.
NOTE: Pursuant to R.S. 46:1831.16, this Chapter will terminate Aug. 1, 2027.
A. The board may make an award and order the payment of reparations for loss in accordance with the provisions of this Chapter for death resulting from the offense of vehicular homicide, pursuant to R.S. 14:32.1, when the offender failed to maintain compulsory motor vehicle liability security pursuant to R.S. 32:861, and the victim failed to maintain uninsured motorist coverage.
B. For the purposes of this Chapter, a person shall be deemed to have committed a criminal act or omission notwithstanding that by reason of age, insanity, or other reason the person was legally incapable of committing a crime.
Acts 2023, No. 451, §2.
NOTE: Pursuant to R.S. 46:1831.16, this Chapter will terminate Aug. 1, 2027.
A.(1) An application for reparations shall be filed in writing with the board within one year after the date of the death or within a longer period as the board determines is justified by the circumstances. The application shall be valid only if reasonable documentation of the crime resulting in the death is submitted with the application.
(2) For the purposes of this Subsection, "reasonable documentation" means any of the following:
(a) A police report documenting the commission of the crime of vehicular homicide, pursuant to R.S. 14:32.1, and documenting that the offender did not maintain compulsory motor vehicle liability security pursuant to R.S. 32:861.
(b) Court records evidencing the criminal prosecution of the crime of vehicular homicide, pursuant to R.S. 14:32.1.
(c) A certification of the crime signed under oath by a prosecuting attorney or investigating law enforcement officer who has personal involvement in the prosecution or investigation of the criminal case relative to the application.
(d) A copy of the death certificate.
B. Application shall be made on a form prescribed and provided by the board, which shall contain the following:
(1) A description of the date, nature, and circumstances of the act or acts resulting in the death of the victim.
(2) A copy of the death certificate.
(3) An authorization permitting the board or its representatives to verify the contents of the application.
(4) Records, documents, and information in the possession of the board received pursuant to a law enforcement investigation or a verification of application by a law enforcement agency shall be considered investigative records of a law enforcement agency as described in R.S. 44:3 and shall not be disseminated under any condition without the permission of the agency providing the record or information to the board.
Acts 2023, No. 451, §2.
NOTE: Pursuant to R.S. 46:1831.16, this Chapter will terminate Aug. 1, 2027.
A. The board shall order the payment of reparations in an amount determined by it if, upon receipt of the application and without hearings, it finds by a preponderance of the evidence that loss was sustained by reason of death and that the loss was proximately caused by the crime of vehicular homicide, pursuant to R.S. 14:32.1.
B. A finding by the board, for purposes of considering an application for award under this Chapter, that the charge or indictment of a crime enumerated in R.S. 46:1831.4 resulted in a loss covered by this Chapter shall be a sufficient finding with respect to the crime giving rise to the application for a reparations award.
C. No person shall be denied or otherwise deemed ineligible for reparations pursuant to this Chapter, nor shall any award for reparations pursuant to this Chapter be reduced, on the basis that the person has any conviction or adjudication of delinquency, on the basis that the person is currently on probation or parole, or on the basis that the person has previously served any sentence of incarceration, probation, or parole unrelated to the offense for which reparations would otherwise be awarded pursuant to this Chapter.
Acts 2023, No. 451, §2.
NOTE: Pursuant to R.S. 46:1831.16, this Chapter will terminate Aug. 1, 2027.
Awards payable under this Chapter shall not exceed sixty thousand dollars per occurrence, in the aggregate, for all claims arising out of the same crime. No survivor shall recover more than fifteen thousand dollars on behalf of each victim.
Acts 2023, No. 451, §2.
NOTE: Pursuant to R.S. 46:1831.16, this Chapter will terminate Aug. 1, 2027.
A. The board may order the payment of an award in a lump sum.
B. The state treasurer shall pay to the person named in the order of payment of reparations the amount stated therein in accordance with the provisions of the order.
C. The board shall not be subject to garnishment, execution, or attachment on any award.
Acts 2023, No. 451, §2.
NOTE: Pursuant to R.S. 46:1831.16, this Chapter will terminate Aug. 1, 2027.
A decision or order of the board with respect to any application or claim for reparations shall be final and shall not be subject to any review by a court.
Acts 2023, No. 451, §2.
NOTE: Pursuant to R.S. 46:1831.16, this Chapter will terminate Aug. 1, 2027.
A. An order for reparations payments pursuant to this Chapter shall not affect the right of any person to institute a civil suit to recover damages for the death from any other person. However, if damages in a civil action are recovered, from the offender or any other third party, the person shall reimburse the Victims of Vehicular Homicide Board, through the board, in an amount equal to the amount of the reparations award or a lesser amount as is recovered in damages in the civil action.
B. When any person who has received an award from the board files a civil action to recover damages, the person shall, at the time of the filing of the suit, notify the board.
Acts 2023, No. 451, §2.
NOTE: Pursuant to R.S. 46:1831.16, this Chapter will terminate Aug. 1, 2027.
A. Whenever any person is charged with vehicular homicide pursuant to R.S. 14:32.1 and an order for the payment of reparations is or has been made pursuant to this Chapter from the act constituting the crime for the charge, the attorney general, within two years after the date on the charges are final, may institute a civil action against the person charged for the recovery of all or any part of the reparations payment. The suit shall be instituted in the district court having jurisdiction in the parish in which the person resides or is found. The court shall have jurisdiction to hear, determine, and render judgment in the action. Any amount recovered pursuant to this Subsection shall be deposited in the state treasury and, after meeting the requirements of Article VII, Section 9 of the Constitution of Louisiana, credited to the Victims of Vehicular Homicide Fund hereinafter created. If an amount greater than that paid pursuant to the order for payment of reparations is recovered and collected in the action, the board shall pay the balance to the person.
B. The board shall provide the attorney general with information, data, and reports as the attorney general may require to institute actions in accordance with this Section.
Acts 2023, No. 451, §2.
NOTE: Pursuant to R.S. 46:1831.16, this Chapter will terminate Aug. 1, 2027.
A. The Victims of Vehicular Homicide Fund, hereinafter referred to as "the fund", is hereby created as a special fund in the state treasury.
B. The fund shall be composed of:
(1) Monies derived from appropriations by the legislature or private funds not to exceed five hundred thousand dollars per fiscal year.
(2) Any federal monies made available to the state for victim compensation.
(3) All monies received from any action to recover damages for a crime which was the basis of a reparations award pursuant to this Chapter.
(4) Any gift, grant, devise, or bequest of monies or properties of any nature or description.
C. Monies in the fund shall be invested by the treasurer in the same manner as state general fund monies. Unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund. Subject to appropriation, monies in the fund shall be used solely to pay reparation awards pursuant to this Chapter, and disbursements therefrom shall be made by the state treasurer upon written order of the board, signed by the chairman, or a court.
Acts 2023, No. 451, §2.
NOTE: Pursuant to R.S. 46:1831.16, this Chapter will terminate Aug. 1, 2027.
The board shall submit an annual report to the legislature and the governor detailing its activities during the preceding year. The report shall be made available electronically on the website of the Louisiana Commission on Law Enforcement and Administration of Criminal Justice. A sufficient number of copies shall be printed for distribution to the governor, the chairman of the House Committee on Judiciary, the chairman of the Senate Committee on Judiciary C, and to as many others as may be requested.
Acts 2023, No. 451, §2.
NOTE: Pursuant to R.S. 46:1831.16, this Chapter will terminate Aug. 1, 2027.
No person shall procure or counsel another person to procure reparations pursuant to the provisions of this Chapter by any fraud. The penalty for the violation of the provisions of this Section shall be a fine of not more than five hundred dollars or imprisonment for not more than one year, or both.
Acts 2023, No. 451, §2.
NOTE: Pursuant to R.S. 46:1831.16, this Chapter will terminate Aug. 1, 2027.
The state shall not be liable for the claim of any applicant in excess of the funds appropriated for the payment of claims under this Chapter.
Acts 2023, No. 451, §2.
NOTE: Pursuant to R.S. 46:1831.16, this Chapter will terminate Aug. 1, 2027.
Unless otherwise extended, the provisions of this Chapter shall be null, void, and without effect and shall cease to exist on August 1, 2027.
Acts 2023, No. 451, §2.
NOTE: Pursuant to R.S. 46:1831.16, this Chapter will terminate Aug. 1, 2027.
In recognition of the civic and moral duty of victims and witnesses of crime to cooperate fully and voluntarily with law enforcement and prosecutorial agencies, and in further recognition of the continuing importance of such citizen cooperation to state and local law enforcement efforts and the general effectiveness and well-being of the criminal justice system of this state, the legislature declares its intent, in this Chapter, to ensure that all victims and witnesses of crime are treated with dignity, respect, courtesy, and sensitivity, and that the rights extended in this Chapter to victims and witnesses of crime are honored and protected by the law enforcement agencies, prosecutors, and judges in a manner no less vigorous than the protection afforded the criminal defendants.
Acts 1985, No. 794, §1; Acts 1995, No. 532, §1.
In this Chapter:
(1) "Crime" means an act defined as a felony, misdemeanor, or delinquency under state law.
(2) "Crime lab" means a laboratory that conducts a forensic analysis of physical evidence in criminal matters.
(3) "Crime victim who is a minor" means a person under the age of eighteen against whom any of the following offenses have been committed:
(a) Any homicide or any felony offense defined or enumerated in R.S. 14:2(B).
(b) Any sex offense or human trafficking-related offense as defined or enumerated in R.S. 46:1844(W).
(c) The offenses of vehicular negligent injuring (R.S. 14:39.1) and first degree vehicular negligent injuring (R.S. 14:39.2).
(d) Any offense against the person as defined in R.S. 14:29 through 63.3.
(e) Any offense committed against a family or household member as defined in R.S. 46:2132 or dating partner as defined in R.S. 46:2151.
(f) The offense of violation of protective orders (R.S. 14:79).
(g) The offenses of voyeurism (R.S. 14:283.1), Peeping Tom (R.S. 14:284), and unlawful communications (R.S. 14:285).
(h) Any other offense which is a felony committed against any natural person.
(4) "Critical stage" means any judicial proceeding at which there is a disposition of the charged offense or a lesser offense, or a sentence imposed pursuant thereto.
(5) "Designated family member" means a family member or legal guardian of the victim who is a minor, a homicide victim, or a victim who is unable to exercise his rights pursuant to this Chapter due to a serious disability. The designated family member shall be selected by a majority of the victim's family members, and shall be afforded all of the rights accruing to victims under this Chapter. A substitution of the designated family member may be made upon agreement by the majority of the victim's family members. In specific cases, the court or the district attorney may allow more than one designated family member.
(6) "Forensic medical examination" has the same meaning as provided in R.S. 15:622.
(7) "Healthcare provider" has the same meaning as provided in R.S. 40:1216.1.
(8) "Inmate" means a person convicted of a felony.
(9) "Judicial agency" means the district court and officers thereof, including the judge, the prosecutor, and the clerk of court, the Crime Victims Reparations Board, the Department of Public Safety and Corrections, and the division of probation and parole.
(10) "Judicial proceeding" means any contradictory proceeding held in open court.
(11) "Law enforcement agency" means the sheriff, constable, or police force as defined by law, and the Department of Public Safety and Corrections.
(12) "Registration" means the completion of a form which is filed with the law enforcement agency investigating the offense of which the person is a victim, as specified in R.S. 46:1844(T), which shall include an address, email address, and telephone number at which the victim or designated family member may be notified. Such forms shall be promulgated by the Louisiana Commission on Law Enforcement and Administration of Criminal Justice in accordance with R.S. 46:1844(R).
(13) "Sexual assault advocate" has the same meaning as provided in R.S. 46:2186.
(14) "Sexual assault collection kit" has the same meaning as provided in R.S. 15:624.
(15) "Victim" means a person against whom any of the following offenses have been committed:
(a) Any homicide, or any felony offense defined or enumerated in R.S. 14:2(B).
(b) Any sex offense or human trafficking-related offense as defined or enumerated in R.S. 46:1844(W).
(c) The offenses of vehicular negligent injuring (R.S. 14:39.1) and first degree vehicular negligent injuring (R.S. 14:39.2).
(d) Any offense against the person as defined in R.S. 14:29 through 63.3.
(e) Any offense committed against a family or household member as defined in R.S. 46:2132 or dating partner as defined in R.S. 46:2151.
(f) The offense of violation of protective orders (R.S. 14:79).
(g) The offenses of voyeurism (R.S. 14:283.1), Peeping Tom (R.S. 14:284), and unlawful communications (R.S. 14:285).
(h) Any other offense which is a felony committed against any natural person.
(16) "Victim notice and registration form" means a form promulgated by the Louisiana Commission on Law Enforcement and Administration of Criminal Justice in accordance with R.S. 46:1844(R) and distributed by a judicial or law enforcement agency on which a victim or witness or a family member of a victim or witness may indicate a request that he be afforded the rights prescribed in this Chapter or other criminal statutes relative to a crime of which he or a family member was a victim or witness.
(17) "Victim of sexual assault" means any natural person who presents as a victim of sexual assault as defined in R.S. 46:2184, or the family member of such person if the victim is under eighteen years of age, incompetent, or deceased, provided that in no instance does the term include a family member identified as the perpetrator.
(18) "Victim's family" includes a spouse, parent, child, stepchild, sibling, or legal representative of the victim, except when that person is in custody for an offense, is the defendant, or has been identified as the perpetrator, regardless of whether the person is in custody.
(19) "Witness" means any person who has been or is expected to testify for the prosecution, or who, by reason of having relevant information, is subject to call or likely to be called as a witness for the prosecution, whether or not any action or proceeding has yet been commenced.
Acts 1985, No. 794, §1; Acts 1992, No. 383, §1; Acts 1995, No. 532, §1; Acts 1997, No. 732, §1; Acts 1999, No. 783, §1, eff. Jan. 1, 2000; Acts 2003, No. 750, §6; Acts 2017, No. 337, §1; Acts 2022, No. 411, §1.
A victim has the rights and is eligible for the services under this Chapter regardless of when the victim reported the crime to law enforcement authorities.
Acts 1985, No. 794, §1; Acts 2017, No. 337, §1; Acts 2022, No. 207, §1; Acts 2022, No. 411, §1.
A. Services and information concerning services available to victims and witnesses of a crime.
(1) The appropriate law enforcement agency shall ensure that crime victims and witnesses receive emergency, social, and medical services as soon as possible. The appropriate law enforcement agency shall also distribute to the victim or to the family of a homicide victim a victim notice and registration form promulgated by the Louisiana Commission on Law Enforcement and Administration of Criminal Justice in conformity with Subsection R of this Section.
(2) The Department of Public Safety and Corrections shall maintain the Louisiana Victim Outreach presently in operation. The bureau shall publicize and provide a way for crime victims and their family members to be kept informed about the following:
(a) Successful court appeals.
(b) Committee on parole or pardon board hearings or other release hearings.
(c) Information regarding dates of possible release from physical custody, escape, apprehension, or otherwise.
(d) Beginning August 1, 2018, information regarding the process by which a victim may provide a reentry statement to request that the inmate be subject to certain proximity or contact restrictions as part of the inmate's parole conditions, if the inmate appeared before the committee on parole and was granted parole by the committee, and information on the availability of assistance to the victim in completing the reentry statement.
(e) Inquiries concerning the department's policies and programs for inmates.
(3) All law enforcement agencies having custody of those accused or convicted of the offenses enumerated in R.S. 46:1842(9) shall, pursuant to Article I, Section 25 of the Constitution of Louisiana, notify crime victims or designated family members who have properly registered concerning an accused's or a defendant's arrest, release on recognizance, posting of bond, release pending charges being filed, release due to rejection of charges by the district attorney, escape, or re-apprehension.
B. Advance notification to victim, or designated family member concerning judicial proceedings or probation hearing; right to be present. If requested by registering with the appropriate law enforcement or judicial agency as outlined in Subsection T of this Section, the clerk of court shall provide reasonable notice to a victim or a designated family member of judicial proceedings or a probation hearing relating to their case. The notice required pursuant to this Subsection may be made by any method reasonably calculated to notify the victim or designated family member of the judicial proceeding in a timely manner.
C. Interviewing the victim and witness of a crime.
(1) The district attorney, prior to trial, shall make reasonable efforts to interview the victim or designated family member to determine the facts of the case and whether the victim or the family is requesting restitution.
(2) All law enforcement or judicial agencies shall provide a private setting for all interviewing of victims of crime. "Private setting" shall mean an enclosed room from which the occupants are not visible or otherwise identifiable and whose conversations cannot be heard from outside such room. Only those persons directly and immediately related to the interviewing of the victim, specifically the victim, a social worker, psychologist, or other professional, the victim advocate designated by the sheriff's office, or a representative from a not-for-profit victim service organization, including but not limited to rape crisis centers, domestic violence advocacy groups, and alcohol abuse or substance abuse groups providing emotional support to the victim, shall be present, unless the victim requests the exclusion of such person from the interview, and, when appropriate, the parent or parents of the victim.
(3) The victim and the victim's family may refuse any requests for interviews with the attorney for the defendant or any employee or agent working for the attorney for the defendant. If the victim is a minor, the parent or guardian of the victim may refuse to permit the minor to be interviewed by the attorney for the defendant or any employee or agent working for the attorney for the defendant. Before any victim may be subpoenaed to testify on behalf of a defendant at any pretrial hearing, the defendant shall show good cause at a contradictory hearing with the district attorney why the subpoena should be issued. Willful disregard of the rights of victims and witnesses as enumerated in this Paragraph may be punishable as contempt of court.
D. Consultation with the victim or the designated family member.
(1) The victim or the designated family member shall have the right to retain counsel to confer with law enforcement and judicial agencies regarding the disposition of the victim's case. The prosecutor may confer with the counsel retained by the victim or designated family member in the prosecution of the case. "Case" herein shall mean a criminal matter in which formal charges have been filed by the district attorney's office.
(2) Upon written notification to the district attorney's office received from the victim, or the designated family member, the district attorney's office shall, within a reasonable period of time following such notification, contact the victim and schedule a conference with the victim or a designated family member in order to obtain their view, either orally or in writing, regarding:
(a) The disposition of the criminal case by dismissal, plea, or trial.
(b) The use of available sentencing alternatives such as incarceration, probation, community service, and the payment of restitution to the victim.
E. Notification to employers. The victim or witness who so requests shall be assisted by judicial and law enforcement agencies in informing employers that the need for victim and witness cooperation in the prosecution of the case may necessitate absence of the victim or witness from work.
F. Notification of scheduling changes. Each victim or witness who has been scheduled to attend a criminal justice proceeding shall be notified as soon as possible by the agency scheduling his or her appearance of any change in scheduling which shall affect his or her appearance.
G. The victim and witness in the court setting. The court shall provide, whenever possible, a secure waiting area during court proceedings which does not require victims, witnesses, or victims' families to be in close proximity to the defendants, or their families or friends, and shall provide a secure waiting area in cases involving violent crimes. Upon request of a victim, victim's family, or witness, the court shall also provide, whenever possible, designated seating in a courtroom for victims, victims' families, and witnesses separate from defendants, defendants' families, or witnesses for defendants. The designated seating area should be positioned, whenever possible, in the courtroom in a way that does not require victims, victims' families, and witnesses to be in close proximity to defendants, defendants' families, or witnesses for defendants.
H. Presentence or postsentence reports. The victim or designated family member shall have the right to review and comment on the presentence or postsentence reports relating to the crime against the victim. The trial court shall regulate when and how the presentence report is provided to the victim or designated family member. The Department of Public Safety and Corrections shall regulate how the postsentence report is provided to the victim or designated family member.
I. Rules governing evidence and criminal procedure. The victim shall be protected at all times by all rules and laws governing the criminal procedure and the admissibility of evidence applicable to criminal proceedings.
J. Speedy disposition. The victim shall have the right to a speedy disposition and prompt and final conclusion of the case after conviction and sentencing. When ruling on a defense motion for continuance, the court shall consider the impact on the victim.
K. Right of victim or designated family member to be present and heard at all critical stages of the proceedings.
(1)(a) At all critical stages of the prosecution, if the victim or designated family member is present, the court shall determine if the victim or designated family member wishes to make a victim impact statement. If the victim is not present, the court shall ascertain whether the victim or designated family member has requested notification and, if so, whether proper notice has been issued to the victim or designated family member, in accordance with Subsection B of this Section, by the clerk of court or by the district attorney's office. If notice has been requested and proper notice has not been issued, the court shall continue the proceedings until proper notice is issued.
(b) The victim and victim's family members shall have the right to make a written and oral victim impact statement as follows:
(i) Any written statement shall be made available to the state and the defendant and shall be made part of the record. The statement may be submitted by the district attorney upon request of the victim or designated family member. Upon request of the victim or designated family member, any such written statement may be sealed by the court after review by the parties.
(ii) The hearing at which an oral statement is provided to the court shall be subject to the limitations of relevance. In any case where the number of victim's family members exceeds three, the court may limit the in-court statements that it receives from them to a fewer number of statements. The court may otherwise reasonably restrict the oral statement in order to maintain courtroom decorum. The defendant must be present for the victim impact statement, and the court shall not prohibit the statement from being directed toward the defendant, unless the statement disturbs the order and decorum of the courtroom. Upon motion of the state, the court may hear any such statement in camera.
(2) The statement of the victim or the victim's family may:
(a) Identify the victim of the offense.
(b) Itemize any economic loss that has been or may be reasonably suffered by the victim as a result of the offense.
(c) Identify any physical injury suffered by the victim as a result of the offense, along with its seriousness and permanence.
(d) Describe any change in the victim's personal welfare or familial relationships as a result of the offense.
(e) Identify any request for medical or counseling services needed by the victim or the victim's family as a result of the offense.
(f) Contain any other information related to the impact of the offense upon the victim or the victim's family that the trial court requires.
(g) Contain any other information that the victim or victim's family wishes to share with the court regarding the overall effect of the crime upon the victim and the victim's family.
(3)(a) Prior to the sentencing hearing, the court shall provide the counsel for the defendant, the victim, and the attorney for the state with notice of the maximum and minimum sentence allowed by law. The court shall allow the victim, or designated family member, and the prosecutor the opportunity to review any presentence investigation reports that have been prepared relating to the victim's case. The review of the presentence report shall be conducted under the supervision of the court.
(b) At the sentencing hearing, the court shall afford the counsel for the defendant, the attorney for the state, and the victim or designated family member an opportunity to comment upon matters relating to the appropriate sentence. Before imposing sentence, the court shall verify that the victim or designated family member was notified of the sentencing hearing and address the victim or designated family member personally, if the victim or designated family member is present at the sentencing hearing, to determine if the victim or designated family member wishes to present a written and oral impact statement pursuant to this Chapter.
L. Return of property to victim or family of victim. All judicial and law enforcement agencies shall expeditiously return any stolen or other personal property to victims or victims' families when no longer needed as evidence, at no cost to victims or their families.
M. Victims' right to seek restitution. (1) If the defendant is found guilty, the court or the committee on parole shall require the defendant to pay restitution to the appropriate party in an amount and manner determined by the court. In addition, the court or the committee on parole may require the defendant to perform community service work in an amount and according to a schedule determined by the court.
(2) One of the conditions of work release shall be a requirement that an inmate pay from his earnings all restitution ordered by the court or the committee on parole. Even if no restitution has been ordered, the sheriff or director of the program shall have the right to require payment of restitution as a condition of work release.
(3) A victim shall not be required to pay recording fees for the filing of a restitution order with the clerk of court. The defendant shall be responsible for all costs associated with this action.
N. Duties of the Department of Public Safety and Corrections. (1) In cases where the sentence is the death penalty, the victim's family shall have the right to be notified by the Department of Public Safety and Corrections of the time, date, and place of the execution, and a minimum of two representatives of the victim's family shall have the right to be present.
(2)(a) Upon filing of a victim notice and registration form by a victim or a family member, or a witness, it shall be the duty of the Department of Public Safety and Corrections, corrections services, at the time of the appeal, discharge, or parole of an inmate including a juvenile inmate, to notify all registered persons by mail or electronic communications of such appeal or release. Such form shall be included in the prisoner's commitment documents to be delivered to the warden of any state correctional facility where such prisoner has been committed or transferred.
(b) When an inmate who has been convicted of a crime of violence as defined in R.S. 14:2(B) or a sex offense as defined in R.S. 15:541 is eligible for release pursuant to R.S. 15:571.3, the Department of Public Safety and Corrections shall, if known by the department, notify the victim or the victim's family, all persons who have filed a victim registration and notification form, the appropriate law enforcement agency, and the appropriate district attorney no later than sixty days prior to the inmate's release.
(c) Notice by electronic communications shall be allowed only in instances where the registered person has opted in to such form of notification during the registration process and is complete upon transmission.
(3)(a) In the event of an escape or absconding by an inmate including a juvenile inmate, from any facility under the jurisdiction of the Department of Public Safety and Corrections, corrections services, it shall be the duty of the department to immediately notify the victim, family member of the victim, or witness, at the most current address or phone number on file with the department and via electronic mail or communication, of the escape by the most reasonable and expedient means possible. If the inmate is recaptured, the department shall send notice within forty-eight hours of regaining custody of the inmate. In no case shall the state be held liable for damages for any failure to provide notice pursuant to this Section.
(b) Notice by electronic mail communications is complete upon transmission.
(4) When an inmate in physical custody is within three months of his earliest projected release date, a registered victim may contact the Louisiana Victim Outreach of the Department of Public Safety and Corrections, corrections services, to request a current photograph of the inmate. The department shall take all reasonable steps to provide a photograph to the registered victim at least ten days prior to the inmate's actual release.
O. Notification of pardon or parole.
(1) The Board of Pardons or the committee on parole, respectively, shall notify the victim or the victim's family and all persons who file a victim registration and notification form and the appropriate district attorney that a hearing has been set for the person convicted of the crime. The victim or victim's family shall have the right to make written and oral statements as to the impact of the crime at any hearing before the board or committee and to rebut any statements or evidence introduced by the inmate or defendant. The victim or the victim's family, a victim advocacy group, and the district attorney or his representative may also appear before the board or committee in person or by means of teleconference or telephone communication.
(2) Beginning August 1, 2018, when an inmate in physical custody is within three months of his earliest projected release date, a registered victim may contact the Louisiana Victim Outreach to submit a reentry statement to the committee on parole requesting that the inmate be subject to certain proximity or contact restrictions, as part of the inmate's parole conditions, that the victim believes are necessary for the victim's protection. The committee on parole may consider the victim's reentry statement only for the purpose of determining the inmate's parole conditions and not for the purpose of determining whether to order the release of the inmate on parole. A victim's reentry statement is not binding on the committee on parole but shall be considered in concert with other relevant information when setting parole conditions. The provisions of this Paragraph apply only to those persons who are to appear at a hearing before the committee on parole to determine whether the person should be granted parole.
P. Notification concerning missing children. All law enforcement agencies shall expeditiously investigate all reports of missing children and shall inform the family members of such children of the status of the investigation.
Q. Victim assistance education and training. Victim assistance education and training shall be offered to persons taking courses at law enforcement training facilities.
R. Preparation of victim notice and registration forms.
(1) The Louisiana Commission on Law Enforcement and Administration of Criminal Justice shall cause to be promulgated uniform victim notice and registration forms which outline and explain the rights and services established by this Chapter. This information shall be updated as necessary. The costs of developing the victim notice and registration form shall be funded by the Louisiana Commission on Law Enforcement and Administration of Criminal Justice.
(2) To the extent that funding is available for such purposes, the Louisiana Commission on Law Enforcement and Administration of Criminal Justice shall develop and provide, by August 1, 2018, a system by which an agency may choose to complete and submit the uniform victim notice and registration form electronically and by which a victim may choose to receive all notices electronically.
S. Failure to comply. No sentence, plea, conviction, or other final disposition shall be invalidated because of failure to comply with the provisions of this Section.
T. Registration with the appropriate law enforcement or judicial agency.
(1) In order for a victim or designated family member to be eligible to receive notices hereunder, the victim or designated family member may complete a form promulgated by the Louisiana Commission on Law Enforcement and Administration of Criminal Justice. The form shall be completed by the victim or designated family member and shall be filed with the law enforcement agency investigating the offense of which the person is a victim, as defined in this Chapter. The completed victim notice and registration form shall be included in the documents sent by the law enforcement agency to the district attorney for prosecution. The district attorney shall include the completed victim notice and registration form with any subsequent bill of information or indictment that is filed with the clerk of court. Upon conviction, the victim notice and registration form shall be included in the documents sent by the clerk of court to the Department of Public Safety and Corrections, the law enforcement agency having custody of the defendant, or the division of probation and parole.
(2) All victim notice and registration forms, and the information contained therein, shall be kept confidential by all law enforcement and judicial agencies having possession. The information shall be used only for the purposes required by this Chapter and shall be released only upon court order after contradictory hearing.
(3) The victim and designated family member shall have the right to register with the appropriate agency at any time and exercise prospectively the rights guaranteed by this Chapter. However, a victim or designated family member who does not register with the appropriate agency shall nevertheless be permitted to exercise the rights guaranteed by this Chapter insofar as possible.
U. No cause of action. Nothing in this Section shall be construed as creating a cause of action by or on behalf of any person for an award of costs or attorney fees, for the appointment of counsel for a victim, or for any cause of action for compensation or damages against the state of Louisiana, a political subdivision, a public agency, or a court, or any officer, employee, or agent thereof. Nothing in this Chapter precludes filing for a writ of mandamus as provided in the Code of Civil Procedure to compel the performance of a ministerial duty required by law.
V. Crime victim's assistance hotline. In furtherance of the purposes of this Section, a statewide crime victim's assistance hotline may be established. The Crime Victims Reparations Board along with the Louisiana Commission on Law Enforcement and Administration of Criminal Justice shall jointly operate the hotline and periodically review the criteria and implementation procedures of said hotline.
W. Confidentiality of crime victims who are minors, victims of sex offenses, and victims of human trafficking-related offenses.
(1)(a) In order to protect the identity and provide for the safety and welfare of crime victims who are minors under the age of eighteen years and of victims of sex offenses or human trafficking-related offenses, notwithstanding any provision of law to the contrary, all public officials and officers and public agencies, including but not limited to all law enforcement agencies, sheriffs, district attorneys, judicial officers, clerks of court, the Crime Victims Reparations Board, and the Department of Children and Family Services or any division thereof, shall not publicly disclose the name, address, contact information, or identity of crime victims who at the time of the commission of the offense are minors under eighteen years of age or of victims of sex offenses or human trafficking-related offenses, regardless of the date of commission of the offense. The confidentiality of the identity of the victim who at the time of the commission of the offense is a minor under eighteen years of age or the victim of a sex offense or human trafficking-related offense may be waived by the victim. The public disclosure of the name of the juvenile crime victim by any public official or officer or public agency is not prohibited by this Subsection when the crime resulted in the death of the victim. Nothing in this Subsection shall be construed to require the redaction of a victim's name when the named victim is the one requesting such documents, reports, or any other records.
(b) In order to protect the identity and provide for the safety and welfare of crime victims who are minors under the age of eighteen years and of victims of sex offenses or human trafficking-related offenses, notwithstanding any provision of law to the contrary, an attorney for any party shall be prohibited from publicly disclosing, except during trial, the name, address, contact information, or identity of crime victims who at the time of the commission of the offense are under eighteen years of age or are victims of sex offenses or human trafficking-related offenses, regardless of the date of commission of the offense. An attorney may lawfully utilize initials, abbreviations, or other forms of indefinite descriptions on documents used in the performance of their duties to prevent the public disclosure of the name, address, contact information, or identity of such crime victims. If the name, address, contact information, or identity of such a crime victim must be disclosed in a motion or pleading, that motion or pleading shall be filed with the court requesting that it be kept under seal. Failure to comply with the provisions of this Subparagraph shall be punishable as contempt of court.
(c) Notwithstanding the provisions of Subparagraphs (a) and (b) of this Paragraph, all information regarding juvenile crime victims that is required by a child abduction alert system which assists law enforcement in the successful resolution of child abduction cases, such as the AMBER Alert network, shall be made available to such alert system as quickly as possible.
(2) For purposes of this Section:
(a) "Human trafficking-related offense" shall include the perpetration or attempted perpetration of R.S. 14:46.2, R.S. 14:46.3, or any other crime involving commercial sexual exploitation including R.S. 14:81.1, 81.3, 82, 82.1, 82.2, 83, 83.1, 83.2, 83.3, 83.4, 84, 85, 86, 89.2, 104, 105, or 282.
(b) "Sex offense" shall include the perpetration or attempted perpetration of stalking (R.S. 14:40.2), misdemeanor carnal knowledge of a juvenile (R.S. 14:80.1), obscenity (R.S. 14:106), or any offense listed in R.S. 15:541(24).
(3) Notwithstanding any other provision of law to the contrary, all public officials, officers, and public agencies, including but not limited to all law enforcement agencies, sheriffs, district attorneys, judicial officers, clerks of court, the Crime Victims Reparations Board, and the Department of Children and Family Services or any division thereof, charged with the responsibility of knowing the name, address, contact information, and identity of crime victims who are minors or of crime victims of a sex offense or a human trafficking-related offense as a necessary part of their duties shall have full and complete access to this information regarding a crime victim who is a minor or a victim of a sex offense or a human trafficking-related offense. Either prior to or at the time of a request for information, the public official or officer or public agency shall take measures to prevent the public disclosure of the name, address, contact information, or identity of such a crime victim who is a minor or a victim of a sex offense or human trafficking-related offense, which may include the use of initials, abbreviations, or any other form of concealing the identity of the victim on all public documents.
(4) The provisions of this Subsection shall not apply to the requirement of promptly informing a defendant or his attorney of the name of the victim of a sexual crime during pretrial discovery.
(5)(a) In order to provide for the safety and welfare of victims of crimes against family members, household members, or dating partners, notwithstanding any provision of law to the contrary, all public officials and officers and public agencies, including but not limited to all law enforcement agencies, sheriffs, district attorneys, judicial officers, clerks of court, the Crime Victims Reparations Board, and the Department of Children and Family Services or any division thereof, shall not publicly disclose the address or contact information of victims of crimes against family members, household members, or dating partners. The confidentiality of the address and contact information of the victim of a crime against a family member, household member, or dating partner may be waived by the victim.
(b) In order to provide for the safety and welfare of victims of crimes against family members, household members, or dating partners, notwithstanding any provision of law to the contrary, an attorney for any party shall be prohibited from publicly disclosing, except during trial, the address and contact information of victims of crimes against family members, household members, or dating partners. If the address and contact information of such a crime victim must be disclosed in a motion or pleading, that motion or pleading shall be filed with the court requesting that it be kept under seal. Failure to comply with the provisions of this Subparagraph shall be punishable as contempt of court.
(c) Notwithstanding any other provision of law to the contrary, all public officials, officers, and public agencies, including but not limited to all law enforcement agencies, sheriffs, district attorneys, judicial officers, clerks of court, the Crime Victims Reparations Board, and the Department of Children and Family Services or any division thereof, charged with the responsibility of knowing the address and contact information of victims of crimes against family members, household members, or dating partners as a necessary part of their duties shall have full and complete access to this information regarding a victim of a crime against a family member, household member, or dating partner. Either prior to or at the time of a request for information, the public official or officer or public agency shall take measures to prevent the public disclosure of the address and contact information of a victim of a crime against a family member, household member, or dating partner.
(d) For the purposes of this Section, "family member" and "household member" shall have the same definitions as in R.S. 46:2132 and "dating partner" shall have the same definition as in R.S. 46:2151.
X. All victims of violent crime shall have the right to access and obtain a copy of their initial police report at no cost to them.
Y. Capital cases.
(1) In cases where the sentence is the death penalty and the clemency process has commenced, the victim's family shall have the right to not be contacted by any of the following unless an appointment with the family has been requested, approved, and arranged through a victim service coordinator appointed by either the prosecuting agency or the Department of Public Safety and Corrections through its Louisiana Victim Outreach Program:
(a) The offender.
(b) Any family member or friend of the offender.
(c) Any legal representative of the offender.
(d) Any person or group who actually or purports to represent the offender or the interests of the offender.
(2) Upon conviction in cases where the sentence is the death penalty, the victim's family shall be notified by the victim service coordinator of their right to not be contacted by any person, group, or entity who actually or purports to represent the offender or the interests of the offender in subsequent clemency procedures, unless an appointment has been requested, approved, and arranged through the victim service coordinator. The victim service coordinator shall provide a form to the victim's family to request that the victim's family not be contacted in any manner by any person, group, or entity who actually or purports to represent the offender or the interests of the offender related to clemency procedures. The victim service coordinator shall provide notice of this document by United States mail to each party in the case.
(3) Whoever violates the provisions of this Subsection shall be punished in accordance with R.S. 14:130.1(B)(5).
Z. Notification when the defendant is found not competent to stand trial or not guilty by reason of insanity.
(1) When the defendant has been adjudicated as not competent to stand trial or has been found not guilty by reason of insanity and has been committed to the custody of the Louisiana Department of Health pursuant to Title XXI of the Code of Criminal Procedure, the Louisiana Department of Health shall notify the appropriate court of criminal jurisdiction and the district attorney if any of the following occur:
(a) The defendant is transferred to another facility.
(b) The defendant is placed on conditional release, including any material changes that are made to the conditions of his release.
(c) The defendant is released from custody.
(2)(a) Upon filing of a victim notice and registration form by a victim, a family member of a victim, or a witness, the district attorney's office shall notify by mail or electronic communications the victim or the victim's family and all persons who have filed a victim registration and notification form within thirty days of the receipt of notification.
(b) Notice by electronic communication shall be allowed only in instances where the registered person has opted in to such form of notification during the registration process and is complete upon transmission.
(3)(a) In the event of an escape or absconding of a defendant, including a juvenile defendant, from any facility under the jurisdiction of the Louisiana Department of Health or from a private mental institution where the defendant has been committed, the Louisiana Department of Health or the private mental institution shall immediately notify all of the following of the escape by the most reasonable and expedient means possible:
(i) The appropriate court of criminal jurisdiction.
(ii) The district attorney.
(iii) The victim, family member of the victim, or witness, if known to the department, at the most current address or phone number on file with the department.
(b) If the defendant is recaptured, the Louisiana Department of Health or the private mental institution shall send notice within forty-eight hours of regaining custody of the defendant.
(4) In no case shall the state be held liable for damages for any failure to provide notice pursuant to this Section.
Acts 1985, No. 794, §1; Acts 1986, No. 160, §2; Acts 1992, No. 383, §1; Acts 1994, 3rd Ex. Sess., No. 75, §1; Acts 1994, 3rd Ex. Sess., No. 139, §1; Acts 1995, No. 532, §1; Acts 1995, No. 541, §1; Acts 1995, No. 926, §1; Acts 1995, No. 1224, §1; Acts 1997, No. 732, §1; Acts 1997, No. 870, §2; Acts 1997, No. 1448, §1; Acts 1999, No. 783, §1, eff. Jan. 1, 2000; Acts 2000, 1st Ex. Sess., No. 3, §1; Acts 2003, No. 5, §1; Acts 2003, No. 641, §1; Acts 2004, No. 676, §2; Acts 2004, No. 771, §1; Acts 2005, No. 74, §2; Acts 2008, No. 70, §1; Acts 2009, No. 364, §1; Acts 2010, No. 176, §1; Acts 2010, No. 177, §1; Acts 2010, No. 835, §1; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2012, No. 840, §1, eff. June 14, 2012; Acts 2014, No. 564, §4; Acts 2016, No. 387, §1; Acts 2017, No. 258, §1; Acts 2017, No. 337, §1; Acts 2018, No. 309, §2; Acts 2022, No. 140, §2; Acts 2022, No. 207, §1; Acts 2022, No. 411, §1; Acts 2022, No. 568, §1; Acts 2024, No. 44, §1; Acts 2024, No. 157, §2; Acts 2024, No. 344, §1; Acts 2024, No. 576, §2; Acts 2025, No. 230, §3.
A.(1) The legislature hereby finds and declares the urgent need to establish a comprehensive Sexual Assault Survivor Bill of Rights. A bill of rights is of paramount importance in addressing the alarming underreporting of sexual assault cases and ensuring that survivors receive the support, protection, and justice that they deserve.
(2) The legislature further finds that transparency is a core principle that our justice system should uphold. By enacting a Sexual Assault Survivor Bill of Rights, barriers that prevent survivors from coming forward and seeking justice can be eliminated. Transparency allows survivors to share their experiences openly, without fear of judgment or retribution. Transparency empowers survivors to reclaim their narratives and break free from the chains of shame and secrecy. Access to records is essential for transparency and for survivors to navigate the often complex and overwhelming legal process. It is a matter of justice and fairness that survivors have the right to access their records, including medical reports, forensic evidence, and legal documentation. This access enables survivors to make informed decisions about their health care, legal options, and support services. Granting survivors access to records empowers them to actively participate in their healing and seek the justice that they so rightfully deserve.
(3) The recognition of rights for survivors is crucial in ensuring their well-being and recovery. The legislature finds that the experiences of survivors are valid, their voices matter, and they deserve to be treated with dignity, respect, and compassion.
(4) Subsection C of this Section shall be known and may be cited as the "Sexual Assault Survivor Bill of Rights".
B.(1) The rights provided to sexual assault survivors contained in this Section attach regardless of whether a survivor seeks the assistance of law enforcement. A sexual assault survivor retains all of the rights of these provisions regardless of whether the survivor receives a forensic medical examination or whether a sexual assault collection kit is administered.
(2) Notwithstanding any other provision of law to the contrary, nothing in this Section shall be construed to negate or impair any provision of law relative to the mandatory reporting of crimes against children under the age of eighteen years or to negate or impair the investigation or prosecution of any crime against children under the age of eighteen.
(3) Notwithstanding any other provision of law to the contrary, a defendant or person accused or convicted of a crime against a survivor does not have standing to seek to have their conviction or sentence set aside for any violation of the Sexual Assault Survivor Bill of Rights.
C. A sexual assault survivor shall have the following rights:
(1) The right not to be prevented from, or charged for, receiving a forensic medical exam as provided in R.S. 40:1216.1.
(2) The right to have an unreported sexual assault collection kit preserved, without charge, for at least twenty years.
(3) The right to be informed of any results, updates, status, location, and tracking as provided in R.S. 15:624.1.
(4) The right to be informed in writing of policies governing the collection and preservation of a sexual assault collection kit.
(5) The right to be informed in writing from the appropriate official not later than sixty days before the date of the intended destruction or disposal of a sexual assault collection kit, and upon written request, the ability to be granted further preservation of the kit or its probative contents.
(6) The right to be notified of the ability to request the presence of a sexual assault advocate before the administration of a forensic medical examination or a scheduled interview by a law enforcement official if a sexual assault advocate is reasonably available.
(7) The right to have access to and obtain a copy of their forensic medical examination report at no cost to them pursuant to R.S. 40:1216.1(G).
(8) The right not to be requested or required to submit to a polygraph examination as a condition of an investigation or prosecution as provided in R.S. 15:241.
(9) The right to receive, at no cost, a copy of any records or investigative reports from law enforcement when those records are provided to the defendant through discovery or a year after the offense was reported, whichever is sooner.
(10) The right to have privileged communications with a representative or employee of a sexual assault center as provided in R.S. 46:2187.
(11) The right not to have the survivor's DNA obtained from a sexual assault collection kit compared with other DNA records to investigate the survivor as provided in R.S. 15:622.1.
(12) The right to retain any other rights that a survivor may have under any other law of this state.
D. Any complaint about a violation of this Section may be submitted directly to the Senate Select Committee on Women and Children for legislative oversight.
Acts 2017, No. 337, §1; Acts 2022, No. 207, §§1, 2; Acts 2024, No. 669, §2.
A. A person who has been charged by bill of information or indictment with any crime of violence as defined in R.S. 14:2 committed upon any person, any felony sex offense as defined in R.S. 46:1844(W) committed upon any person, any felony human trafficking-related offense as defined in R.S. 46:1844(W) committed upon any person, or any offense, that is a felony, committed upon a family member, household member, or dating partner, as those terms are defined by R.S. 46:2132, or any immediate family member of such person, shall be prohibited from communicating, either by electronic communication, in writing, or orally, with a victim of the offense, or any of his immediate family members for which the person has been charged or for which disposition of the case is pending.
B. The provisions of Subsection A of this Section shall apply to communication between the offender or his immediate family member and the victim, or any of his immediate family members, unless the provisions of Paragraphs (1) and (2) of this Subsection are satisfied.
(1) The victim consents to the communication through the local prosecuting agency.
(2) The communication is made through the counsel of the offender, counsel's staff or representative, or the offender himself if he is representing himself at trial.
C. A person who has been sentenced or found not guilty by reason of insanity for a crime of violence as defined in R.S. 14:2 committed upon any person, any felony sex offense as defined in R.S. 46:1844(W) committed upon any person, any felony human trafficking-related offense as defined in R.S. 46:1844(W) committed upon any person, or any offense, that is a felony, committed upon a family member, household member, or dating partner, as those terms are defined by R.S. 46:2132, or any immediate family member of such person, shall be prohibited from communicating, either by electronic communication, in writing, or orally, with a victim of the offense, or any of his immediate family members, for which the person has been sentenced unless the victim or his immediate family members initiate the communication through the Department of Public Safety and Corrections, and it is agreed that the victim and the offender participate in a formally defined restorative justice program administered through the department. Any sentencing order issued pursuant to this Subsection shall be reflected in the sentencing minutes of the issuing court. The issuing court shall notify the Department of Public Safety and Corrections of the issuance of the sentencing order.
D. For purposes of this Section, "immediate family member" means the spouse, mother, father, aunt, uncle, sibling, or child of the offender, whether related by blood, marriage, or adoption.
E.(1) When a person is prohibited from communicating with another person pursuant to the provisions of this Section, a judge shall cause to have prepared a Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2(C), to protect, at a minimum, a victim and the children of the victim, shall sign such order, and shall immediately forward it to the clerk of court for filing, on the next business day after the order is issued. The clerk of the issuing court shall transmit the Uniform Abuse Prevention Order to the judicial administrator's office, Louisiana Supreme Court, for entry into the Louisiana Protective Order Registry, as provided in R.S. 46:2136.2(A), by facsimile transmission or direct electronic input as expeditiously as possible, but no later than the end of the next business day after the order is filed with the clerk of court. The clerk of the issuing court shall also send a copy of the Uniform Abuse Prevention Order, or any modification thereof, to the chief law enforcement officer of the parish where the person or persons protected by the order reside. A copy of the Uniform Abuse Prevention Order shall be retained on file in the office of the chief law enforcement officer until otherwise directed by the court.
(2) If an order is issued pursuant to the provisions of this Section, it shall be presumed that the defendant poses a credible threat to the physical safety of the person or persons protected by the order, and the court shall order that the defendant be prohibited from possessing a firearm for the duration of the Uniform Abuse Prevention Order.
F. Whoever violates the provisions of this Section shall be subject to the provisions of R.S. 14:79.
Acts 2008, No. 291, §1; Acts 2012, No. 245, §1; Acts 2018, No. 293, §2; Acts 2020, No. 246, §4.
A. The legislature hereby recognizes that the state of Louisiana has created numerous rights and duties to be afforded to crime victims, witnesses, and designated family members. The legislature further recognizes the challenges of fulfilling those rights and duties through numerous law enforcement and other state and local entities.
B. Accordingly, the legislature hereby finds and declares that, in order to ensure to the greatest extent possible that the rights and duties afforded to crime victims and witnesses are upheld, the state of Louisiana is committed to the creation, consolidation, and coordination of a comprehensive victims' services system. This system shall provide the information and services described in the Crime Victims' Bill of Rights and R.S. 46:1844 to crime victims and witnesses at all relevant points throughout the life cycle of a case moving through the criminal justice system in a timely, consistent, and easily understandable manner. This system shall be created and administered by the Department of Public Safety and Corrections (the department), which shall coordinate with and provide assistance to prosecutors and law enforcement agencies utilizing the systems, processes, standards, and guidelines implemented by the department. The department shall create this system in conjunction with the Integrated Criminal Justice Information System Policy Board (ICJIS) and all such component parts of this system shall be created in conformity with the requirements set forth in R.S. 15:1228.10. The system shall be created and in operation no later than July 1, 2026.
C. The legislature recognizes that the creation and implementation of a comprehensive victims' services system requires the input, coordination, and cooperation of relevant stakeholders responsible for providing services to crime victims and witnesses and urges relevant stakeholders to work collaboratively to create and implement this comprehensive victims' services system as expeditiously as possible.
Acts 2025, No. 370, §2, eff. June 20, 2025.
A.(1) The legislature hereby finds and declares the urgent need to establish a comprehensive Crime Victims' Bill of Rights. A bill of rights, written in plain language and collected in one place, is vital for crime victims, witnesses, and designated family members to be able to know and understand the rights and duties to which the state of Louisiana affords to them and to ensure that they receive the support, protection, and justice that they deserve.
(2) Subsection C of this Section shall be known and may be cited as the "Crime Victims' Bill of Rights".
B.(1) Notwithstanding any other provision of law to the contrary, nothing in this Section shall be construed to negate, impair, diminish, or limit any other rights or duties afforded to crime victims, witnesses, and designated family members in any other provision of law.
(2) Notwithstanding any other provision of law to the contrary, a defendant or person accused or convicted of a crime for which a crime victim, witness, or designated family member is afforded any rights or duties within this Section does not have standing to seek to have their conviction or sentence set aside for any violation of the Crime Victims' Bill of Rights.
C. A crime victim or designated family member, as defined in this Chapter, shall have the following rights:
(1) The right to receive emergency, social, or medical services as soon as possible and to receive a Victim Notice and Registration Form from law enforcement as provided in R.S. 46:1844(A)(1).
(2) The right to be notified of the following: the defendant's arrest, release on recognizance, posting of bond, release pending charges being filed or due to rejection of charges by the prosecutor, escape, or re-apprehension as provided in R.S. 46:1844(A)(3) and (Z).
(3) The right to receive advance notification of, and to be present for, judicial proceedings or probation hearings as provided in R.S. 46:1844(B).
(4) The right, subject to reasonable efforts by the prosecutor prior to trial, to be interviewed by the prosecutor regarding the facts of the case and requests for restitution as provided in R.S. 46:1844(C).
(5) The right for such interviews to be conducted in a private setting, with access if requested to a victim advocate, social worker, or psychologist for support as provided in R.S. 46:1844(C).
(6) The right to refuse requests for interviews with the defense attorney as provided in R.S. 46:1844(C)(3).
(7) The right to retain the victim's or designated family member's own legal counsel for discussions with the district attorney and judicial agencies as provided in R.S. 46:1844(D)(1).
(8) The right to request, orally or in writing, a conference with the prosecutor's office to discuss the disposition of the case by dismissal, plea, or trial, the use of sentencing alternatives, and requests for payment of restitution to the victim as provided in R.S. 46:1844(D)(2).
(9) The right to assistance in informing employers that the participation of the victim and designated family member in the prosecution of the case may necessitate absence from work as provided in R.S. 46:1844(E).
(10) The right to be notified of scheduling changes as provided in R.S. 46:1844(F).
(11) The right to a secure waiting area during court proceedings away from the defendant or the family of the defendant as provided in R.S. 46:1844(G).
(12) The right to review and comment on pre-sentence or post-sentence reports as provided in R.S. 46:1844(H).
(13) The right to protection by all rules and laws governing criminal procedure and the admissibility of evidence applicable to criminal proceedings as provided in R.S. 46:1844(I).
(14) The right to a speedy disposition and prompt and final conclusion of the case after conviction and sentencing as provided in R.S. 46:1844(J).
(15) The right to be present and heard at all critical stages of the proceedings, including the right to make a written or oral victim impact statement as provided in R.S. 46:1844(K)(1).
(16) The right to request that the victim impact statement be sealed for privacy concerns as provided in R.S. 46:1844(K)(2).
(17) The right to be provided with notice from the court of the minimum and maximum sentence allowed by law and the opportunity to comment on the proposed sentence as provided in R.S. 46:1844(K)(3).
(18) The right to have property of the victim returned as provided in R.S. 46:1844(L).
(19) The right to seek restitution or payment from the defendant to the victim or the family of the victim, with no court filing fees as provided in R.S. 46:1844(M).
(20) For death penalty cases, the right to notification of execution details and the right to be present as provided in R.S. 46:1844(N).
(21) For death penalty cases, the right to not be contacted by the offender or supporters or representatives of the offender as provided in R.S. 46:1844(Y).
(22) The right to be notified of a parole hearing and to make written or oral victim impact statements, including proposed contact and proximity restrictions that may be included as parole conditions, for the protection of the victim as provided in R.S. 46:1844(O).
(23) The right to confidentiality, and to prevent the release of the name, address, contact information or identity of the victim, if the victim is a minor, victim of a sex offense, or victim of a human trafficking offense as provided in R.S. 46:1844(W).
(24) For all victims of violent crime, the right to request and obtain a copy of their initial police report at no cost to them as provided in R.S. 46:1844(X).
D. A witness or a designated family member, as defined in this Chapter, shall have the following rights:
(1) The right to receive emergency, social, or medical services as soon as possible and to receive a Victim Notice and Registration Form from law enforcement as provided in R.S. 46:1844(A)(1).
(2) The right to be notified of the following: release, discharge of sentence, escape, or reapprehension as provided in R.S. 46:1844(N)(2) and (3).
(3) The right to assistance in informing employers that the participation of the witness or designated family member in the prosecution of the case may necessitate absence from work as provided in R.S. 46:1844(E).
(4) The right to be notified of scheduling changes as provided in R.S. 46:1844(F).
(5) The right to a secure waiting area during court proceedings away from the defendant or the family of the defendant as provided in R.S. 46:1844(G).
Acts 2025, No. 370, §2, eff. June 20, 2025.
As used in this Chapter:
(1) "Account" and "escrow account" mean an escrow account in the name of a defendant as provided for by this Chapter.
(2) "Board" means the Crime Victims Reparations Board provided for by Chapter 21 of this Title.
(3) "Catastrophic property damage" means catastrophic property damage as defined in Chapter 21 of this Title.
(4) "Defendant" means an offender who has been convicted of a capital offense and sentenced to death in accordance with the provisions of R.S. 15:567 through 571.
(5) "Minor" means a person under the age of eighteen years.
(6) "Victim" means any person who suffers death, injury, or catastrophic property damage as a result of the defendant's crime, or any person who is otherwise eligible to have a judgment or reparations award satisfied from a defendant's escrow account as provided for by this Chapter, or any legal representative thereof, but does not include any person denied eligibility for a reparations award by Chapter 21 of this Title.
Acts 2012, No. 799, §3, eff. June 13, 2012.
A.(1) Any proceeds or profits from any source, received or to be received, directly or indirectly, by a defendant or by any agent, assignee, or representative of the defendant, as a direct or indirect result of the defendant's crime or sentence for such crime, or the notoriety that such crime or sentence has conferred upon him, shall be subject to a court order requiring that such proceeds or profits be paid over to the state treasurer for deposit in an escrow account as provided for in this Section, if not otherwise deposited with the treasurer as provided for in Paragraph (2) of this Subsection.
(2) Every person, firm, corporation, partnership, association, or other legal entity that contracts with a defendant for any purpose described in Paragraph (1) of this Subsection shall file a copy of the contract with the state treasurer, and shall pay over to the treasurer, commencing with the date of the first payment under the contract, any funds that otherwise, by terms of the contract, would be payable to the defendant or to the defendant's agent, assignee, or representative. If the contracting party fails to meet the obligation of payment as required by this Paragraph, then the treasurer, through the attorney general, shall bring a civil action in a court of competent jurisdiction to enforce payment.
B.(1) Any proceeds from a contract with the defendant relating to a depiction or discussion of the defendant's crime in a movie, book, newspaper, magazine, radio or television production, or live entertainment or publication of any kind shall not be subject to court order requiring payment of such proceeds to the treasurer unless an integral part of the work is a depiction or discussion of the defendant's crime or an impression of the defendant's thoughts, opinions, or emotions regarding such crime.
(2) Nothing in this Section shall be construed to prohibit or hinder the return of property belonging to victims of crime to its rightful owners.
C.(1) Upon petition of the attorney general filed at any time after the defendant is convicted and after notice to all interested parties and a hearing upon the petition and a finding for the state, the court shall order that such proceeds or profits as described in Subsection A of this Section be paid over to the state treasurer for deposit in an escrow account in the name of the defendant for the benefit of the victims of the defendant's crime.
(2) The petition shall be filed in the judicial district where the defendant was convicted or in the judicial district in which the defendant is incarcerated.
(3) Upon the filing of the petition, the clerk shall issue a writ of attachment or of sequestration, directing the sheriff of the parish where the petition was filed to take the defendant's property into his possession and hold such property subject to further proceedings in the cause. If for any reason the writ is not executed, other writs may be successively issued until one is executed. Concurrent writs may be directed to sheriffs of several parishes.
(4) Expenses and costs incurred in the proceedings shall be paid as the court, in its discretion, shall determine, except that no costs shall be assessed against the state.
D. A victim who meets the eligibility requirements and other provisions of this Chapter shall be entitled, subject to the limitations contained in this Chapter, to an amount from the defendant's escrow account equal to the unsatisfied portion of the civil judgment or reparations award obtained by the victim.
Acts 2012, No. 799, §3, eff. June 13, 2012.
A. Proceeds paid into an escrow account provided for by this Chapter shall be retained for a period of ten years after the date of the court order or deposit by the contracting party, but during that period may be levied upon to satisfy a money judgment or reparations award rendered in favor of a victim or the legal representative of the victim of the defendant's crime.
B. If so ordered by a court, with notice to all interested parties and opportunity for hearing, the escrow account shall be used to satisfy, and disbursements made therefrom by the treasurer, in the following order:
(1) Court-ordered restitution in favor of a victim of the defendant's crime.
(2) A money judgment rendered by a court or an award of reparations by the Crime Victims Reparations Board in favor of a victim of the defendant's crime.
(3) Fees due for legal representation of the defendant in criminal proceedings, including the appeals process, to the extent that the defendant's representation was paid for by the state or an agency thereof, but such amounts paid shall not exceed twenty-five percent of the total amount in escrow.
(4) Any fines or costs assessed against the defendant by a court.
C. At the end of the ten-year period provided for in Subsection A of this Section, the remaining escrow account funds shall be paid into the Crime Victims Reparations Fund as provided for by R.S. 46:1816. However, if a civil action is pending against the defendant that would be eligible to be satisfied out of the escrow account, then the funds shall be held in escrow until completion of the action.
D. If the defendant has appealed his conviction and the appeal process is not finalized by the expiration of the ten-year period provided for in Subsection A of this Section, then the remaining escrow account funds shall be held until the appeal process is finalized, and if the conviction is reversed, the treasurer shall pay any money remaining in the escrow account to the defendant.
Acts 2012, No. 799, §3, eff. June 13, 2012.
A. The following persons shall be eligible to have a judgment or reparations award satisfied from an escrow account provided for by this Chapter:
(1) A victim of the defendant's crime or the parent or legal guardian of a minor who is the victim of the defendant's crime.
(2) A surviving spouse, parent, grandparent, sibling, or child, including posthumous children, of a victim who died as a direct result of the defendant's crime.
(3) Any person, except a law-enforcement officer engaged in the performance of his duties, who is injured or killed while trying to prevent the defendant's crime from occurring in his presence, or trying to apprehend the defendant during the course of the crime.
(4) A surviving spouse, parent, grandparent, sibling, or child, including posthumous children, of any person, except a law-enforcement officer engaged in the performance of his duties, who dies as a direct result of trying to prevent the defendant's crime from occurring in his presence, or trying to apprehend the defendant during the course of the crime.
(5) Any other person legally dependent for his principal support from the victim who dies as a result of the defendant's crime, or legally dependent for his principal support from any person who dies as a direct result of trying to prevent the defendant's crime from occurring in his presence, or trying to apprehend the defendant during the course of the crime.
B. A person who is criminally responsible for the crime upon which a claim is based, or an accomplice or accessory of such person, shall not be eligible to receive an award under the provisions of this Chapter.
C. A resident of Louisiana who is the victim of a defendant's crime occurring outside of Louisiana and any other person as defined in Subsection A of this Section who is injured as a result of a defendant's crime occurring outside of Louisiana shall be eligible for an award pursuant to this Chapter if the following conditions are met:
(1) The person would be eligible for an award had the crime occurred in Louisiana.
(2) The state, country, or territory in which the crime occurred does not have a victims' compensation program deemed eligible pursuant to the provision of the federal Victims of Crime Act, Chapter 112 of Title 42 of the United States Code, and does not compensate nonresidents.
Acts 2012, No. 799, §3, eff. June 13, 2012.
A. A victim of the defendant's crime shall register with the treasurer a notice of intent to file a claim against the defendant's escrow account pursuant to a judgment, a pending lawsuit, a prospective lawsuit, or a reparations award by the board, within one year after establishment of the escrow account.
B. A failure to comply with the requirement of this Section shall forfeit the rights of the victim to the escrow account as against other victims who have filed claims, but shall not bar a claim against the escrow account filed within two years of the establishment of such account.
C. No payments to victims shall be made until the time limit for filing a notice has expired or it is established that all victims have filed their notices, whichever is sooner.
Acts 2012, No. 799, §3, eff. June 13, 2012.
The treasurer shall notify any person who has registered with the treasurer as a victim of the defendant's crime upon receipt of escrow funds for that defendant. Additionally, at least once every six months for two years after the date on which the treasurer receives such escrow funds, the treasurer shall cause a notice to be published in the official state journal informing victims that such escrow funds are available to satisfy judgments or reparations awards pursuant to this Chapter.
Acts 2012, No. 799, §3, eff. June 13, 2012.
Any action taken by a defendant, whether by way of execution of a power of attorney, creation of corporate entities, or otherwise, to defeat the purposes of this Chapter shall be null and void.
Acts 2012, No. 799, §3, eff. June 13, 2012.
The purpose of this Chapter is to provide multiagency and multidisciplinary support and services to victims of abuse, sexual assault, stalking, cyberbullying, and human trafficking, to ensure that victims are able to access all needed services, to enhance victim safety, to increase offender accountability, and to reduce to a minimum the number of times the victim is questioned and examined and the number of places a victim must go to receive assistance.
Acts 2015, No. 327, §1.
A.(1) A family justice center may be established in any judicial district to provide support, services, and assistance to victims of the following types of offenses:
(a) Domestic abuse as defined by R.S. 46:2132(3) and dating violence as defined in R.S. 46:2151(C).
(b) Sexual assault which includes the commission of or the attempt to commit any offense listed in R.S. 15:541(24).
(c) Abuse of a person protected by the Adult Protective Services Act pursuant to R.S. 15:1501 et seq.
(d) Stalking including any action prohibited by R.S. 14:40.2 and 40.3.
(e) Cyberbullying as defined by R.S. 14:40.7.
(f) Human trafficking as defined by R.S. 14:46.2 and trafficking of children for sexual purposes as defined by R.S. 14:46.3.
(2) A family justice center may be established in one judicial district to serve those victims listed in Paragraph (1) of this Subsection from one or more geographically contiguous judicial districts.
B.(1) Each family justice center established pursuant to the provisions of this Chapter is authorized to consult with, contract with, work with, or be staffed, on a full- or part-time basis, by personnel from any of the following public, private, or nonprofit entities providing services within any of the judicial districts served by and participating in the family justice center:
(a) Federal or state law enforcement agencies.
(b) Health care provider as defined by R.S. 40:1237.1 or 1231.1.
(c) Office of a district attorney or city prosecutor.
(d) Any agency or entity providing victim advocacy services.
(e) Community shelter for crime victims.
(f) Social service agency.
(g) Child welfare agency.
(h) Civil legal service providers.
(2) The list of entities provided in Paragraph (1) of this Subsection is not exclusive and each family justice center is authorized to consult with, contract with, work with, or be staffed by personnel from any other public, private, or nonprofit entity not specifically provided for in this Chapter that is necessary for providing services and assistance consistent with the purposes of this Chapter.
(3) Any person described in the provisions of this Subsection who is providing services to a family justice center shall comply with all laws, rules, or regulations governing their respective professions.
C. Each family justice center shall:
(1) Establish procedures for the ongoing input, feedback, and evaluation of the operations of the family justice center by survivors of violence and abuse and community-based crime victims service providers and advocates.
(2) Develop policies and procedures to ensure coordinated services are provided to victims and to enhance the safety of victims and personnel at the family justice center.
(3) Maintain a formal process for receiving feedback, complaints, and input from those persons receiving services at the family justice center and for addressing any concerns about services provided or the operations of any family justice center.
D. No family justice center shall:
(1) Deny services to any victim on the grounds of the victim's criminal history.
(2) Request the criminal history of a victim without the victim's written consent unless pursuant to a criminal investigation.
(3) Require a victim to participate in the criminal justice system or cooperate with law enforcement in order to receive counseling, medical care, or any other services at a family justice center.
(4) Require a victim to sign a consent form to share information in order to access services at the family justice center.
Acts 2015, No. 327, §1.
A. If a multi-disciplinary team (MDT) conference is formed under this statute and the district attorney and chief law enforcement agency in the parish participate, the MDT may obtain information from any public agency, department, or other organization, including material otherwise made confidential or privileged. Any confidential or privileged material or information obtained by an MDT member shall be disclosed only as necessary to other persons providing services to the same victim, and shall not be disclosed to an agency or individual outside of the family justice center unless otherwise required by law or court order.
B. The files, reports, records, communications, working papers, or any other material or information used or developed in providing services to a victim at the family justice center are confidential and not subject to the Public Records Law. Disclosure may be made only to another person providing services at the family justice center to the same victim and who needs access to the information or material in order to perform his duties and provide services to the victim consistent with the provisions of this Chapter.
C.(1) Each family justice center shall maintain a client consent policy and shall comply with all state and federal laws protecting the confidentiality rights and identity of the victim. Each family justice center shall have a designated privacy officer to develop and oversee privacy policies and procedures consistent with state and federal privacy laws.
(2) Each family justice center is required to obtain informed, written, and reasonably time-limited consent from the victim before sharing information obtained from the victim with any staff member, agency partner, or personnel providing services at the family justice center except as provided by the following:
(a) A family justice center is not required to obtain consent from the victim before sharing information obtained from the victim with any staff member, agency partner, or personnel who is also a mandatory reporter, a peace officer, or a member of the prosecuting team who is required by law to report or disclose specific information or incidents.
(b) Each family justice center is required to inform the victim that the information shared with staff members, partner agencies, or other personnel at the family justice center may be shared with law enforcement professionals without the victim's consent if there is a mandatory duty to report as required by law or the victim is a danger to himself or others. Each family justice center shall obtain written acknowledgment from the victim that the victim has been informed of this policy.
(3) Consent by the victim to share information within a family justice center pursuant to the provisions of this Section is not a universal waiver of any existing evidentiary privilege or confidentiality provision provided by law.
(4) Any oral or written communication or any document authorized by the victim to be shared for the purposes of enhancing safety and providing more effective and efficient services to the victim shall not be disclosed to any third party, unless that third-party disclosure is authorized by the victim, or required by other state or federal law or by court order.
D. Each family justice center shall maintain a formal training program with mandatory training of not less than eight hours per year for all persons providing services at the family justice center, including but not limited to training on evidentiary privileges, confidentiality provisions, information sharing, risk assessment, safety planning, victim advocacy, and high-risk case response.
Acts 2015, No. 327, §1.
A. A person providing services to a victim at a family justice center pursuant to the provisions of this Chapter shall not be liable for civil damages while acting in the official scope of his duties if the person, in good faith, makes a recommendation, gives an opinion, or releases or uses information for the purposes of protecting or providing services to the victim.
B. This limitation of civil liability does not apply if the person acted with gross negligence or in bad faith.
Acts 2015, No. 327, §1.
A. For purposes of this Chapter, "department" shall mean the Department of Public Safety and Corrections.
B. When used in this Chapter, unless the context otherwise requires, the terms used herein shall have the meaning ascribed to them by the Children's Code.
Added by Acts 1974, No. 558, §1, emerg. eff. July 12, 1974. Acts 1984, No. 567, §2, eff. Jan. 1, 1985; Acts 1985, No. 965, §2; Acts 1988, No. 607, §2, eff. July 14, 1988; Acts 2021, No. 158, §6.
Repealed by Acts 1984, No. 567, §9, eff. Jan. 1, 1985.
It is the purpose of this Chapter to improve, intensify, and coordinate efforts by state and local public agencies, in cooperation with voluntary agencies and organizations, citizens groups, and concerned individuals, to:
(1) Preserve the unity of the family to the fullest extent possible.
(2) Prevent children from becoming delinquent.
(3) Prevent children and the public from suffering the consequences of criminal behavior by substituting therefor programs for their supervision, care and rehabilitation, consistent with public interest and safety.
(4) Provide for coordination, planning, technical expertise, resources and adequate financial assistance for services and facilities for the rehabilitation of delinquent children to the end that they may become and remain law-abiding, productive citizens.
(5) Repealed by Acts 1984, No. 567, §9, eff. Jan. 1, 1985.
Added by Acts 1974, No. 558, §1, emerg. eff. July 12, 1974. Amended by Acts 1976, No. 401, §1. Acts 1984, No. 567, §9, eff. Jan. 1, 1985.
Repealed by Acts 1978, No. 786, §7, eff. July 17, 1978
With respect to programs for the prevention of juvenile delinquency and/or the care and treatment of delinquent children and children in need of supervision, the department, in addition to such other duties and functions as are vested in it by this Chapter, or any other law shall:
(1) Collect and evaluate data relating to the delinquency of children and the effectiveness of programs designed to prevent or reduce delinquency.
(2) To the extent that diversion from the juvenile justice system can be accomplished, with due regard to the safety of the community and the well-being of the children involved, encourage and assist in the development and conduct of innovative programs and provide needed care and services to such children outside such system to prevent children from becoming a part of or returning to such system by:
(a) Developing informational materials and standards relating to such programs, and
(b) Cooperating with and assisting other public and private agencies and organizations in the development and coordination of such programs, especially those which are community based.
(3) Conduct research, including studies and demonstration projects, into all aspects of the problems relating to the causes, prevention and treatment of juvenile delinquency either directly or by entering into contracts or making grants.
(4) Establish comprehensive training programs for present and prospective employees and for present and prospective employees of public and private agencies and organizations engaged in activities relating to the prevention of delinquency and the provision of care and treatment of delinquent children and children in need of supervision. The department may carry out such programs directly or through grants or contracts covering all or part of the cost, of stipends and tuition, and allowances for travel and subsistence, and, with respect to division employees who have been granted leave to participate in approved training, the department may continue the salaries and other benefits of such employees.
(5) Assist the Louisiana Commission on Law Enforcement and Administration of Criminal Justice by participating in the development and revision of those phases of the state's comprehensive law enforcement plan which relate to the prevention of juvenile delinquency and/or the care and treatment to delinquent children and children in need of supervision.
(6) Develop or assist in the development of a regional system of approved detention and shelter care facilities and a system of licensed community based, residential, child caring institution.
(7) Develop, assist in and encourage innovative programs and improvements in the existing system for the prevention and treatment of juvenile delinquency.
(8) Repealed by Acts 1984, No. 567, §9, eff. Jan. 1, 1985.
Added by Acts 1974, No. 558, §1, emerg. eff. July 12, 1974. Amended by Acts 1976, No. 401, §1; Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1984, No. 567, §9, eff. Jan. 1, 1985.
A. With respect to children who have been adjudicated delinquent or in need of services in a Families in Need of Services case, by a court of competent jurisdiction and in addition to the provisions of R.S. 46:1905, the department shall:
(1) Accept legal custody on the day of disposition of all children placed in its custody by the court pursuant to the applicable provisions of the Louisiana Children's Code and Part I of Chapter 6 of Title 13; and
(2) Provide services pursuant to this Chapter over such children as are placed on probation or determined to be in need of services in a Families in Need of Services case by the court pursuant to the applicable provisions of the Louisiana Children's Code, Part I of Chapter 6 of Title 13, and Chapter 11 of this Title.
B.(1) Subject to appropriation, the department shall pay to any nonstate-owned facility for feeding and maintaining each child who is adjudicated delinquent or in need of services in a Families in Need of Services case and committed to the department by a court to be held in a nonsecure environment, and who is held in such nonsecure facility due to the inability of the department to place the child, the same daily amount as is paid by the department for keeping and feeding individuals committed to the department and confined in local or parish jails.
(2) Subject to appropriation, the department shall pay to any nonstate-owned facility for feeding and maintaining each child who is adjudicated delinquent and committed to the department by a court to be held in a secure environment, and who is held in such a secure facility for any reason, an amount equal to ninety percent of the current weighted average of the amount paid state detention facilities, determined to be $96.43 for the year 2001, to be adjusted yearly on July first, pursuant to the Consumer Price Index.
(3) Subject to appropriation, each nonstate-owned facility shall file a monthly report with the department and shall be paid for the charges set forth in the provisions of this Subsection on a monthly basis by the department.
(4) No local governing authority shall be required to pay any nonstate-owned facility for feeding and maintaining any child who has been adjudicated delinquent or in need of services in a Families in Need of Services case and placed in the department's custody.
(5) Nothing herein shall be construed as preventing the department from entering into agreements with nonstate-owned facilities or preventing local governing authorities from selecting payment amounts or procedures different from the provisions contained in this Section.
C. With respect to children between the ages of twelve and nineteen who have been placed in the custody of the local juvenile detention facility, each child shall be immunized with the hepatitis B vaccine during the intake process at any state or nonstate-owned facility. The Vaccines for Children Program through the office of public health shall be responsible for providing and dispensing the hepatitis B vaccine to each facility as provided for in R.S. 46:977. The office of public health shall utilize the Louisiana Immunization Network for Kids (LINKS) to track the hepatitis B vaccination, as well as all other vaccinations given to juveniles while in the custody of local juvenile detention facilities. Detainees released before completion of the series of three immunizations shall be referred to health units or other providers for completion of the series of doses.
Added by Acts 1974, No. 558, §1, emerg. eff. July 12, 1974. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1984, No. 567, §9, eff. Jan. 1, 1985; Acts 1987, No. 171, §1; Acts 2001, No. 1018, §1, eff. June 27, 2001; Acts 2004, No. 624, §1; Acts 2022, No. 271, §5.
The department shall have the authority and responsibility to develop programs for children in need of supervision. These programs shall reflect state of the art knowledge of methods to encourage these children to follow their treatment programs and may include foster care, family counseling, small residential facilities, group counseling, and other programs designed to help children deemed ungovernable.
Acts 1984, No. 567, §7, eff. Jan. 1, 1985. Acts 1985, No. 965, §2; Acts 1991, No. 467, §3.
The Department of Public Safety and Corrections, Department of Children and Family Services, Louisiana Department of Health, Department of Education, and the Juvenile and Family Court Judges Association shall consult and cooperate to develop a plan for treatment and a continuum of care for children alleged to be or adjudicated delinquent or in need of care or supervision. The purposes of such consultation shall include the goal of early intervention by the components of the juvenile justice system to assist children in receiving proper treatment so that they will be less likely to re-enter the system.
Acts 1984, No. 567, §7, eff. Jan. 1, 1985; Acts 1985, No. 965, §1 and §2; Acts 1991, No. 467, §3; Acts 2018, No. 206, §5.
A. The department, upon order of court, shall provide such services and pay for such costs with respect to runaway children from other states as may be required pursuant to the provisions of the Interstate Compact on Juveniles as provided in R.S. 46:1451 through R.S. 46:1458, both inclusive, or as may be authorized under this Section.
B. With respect to any child who has run away from home, the department shall provide for the establishment, directly or through grants to or contracts with public or private agencies and organizations, of a coordinated, inclusive system under which:
(1) Emergency temporary maintenance is provided for such child, and
(2) The department, upon order of a court, conducts a prompt investigation reporting its findings of the home situation of such child to the court of proper jurisdiction.
Added by Acts 1974, No. 558, §1, emerg. eff. July 12, 1974. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978.
Repealed by Acts 1984, No. 567, §9, eff. Jan. 1, 1985.
Repealed by Acts 1978, No. 786, §7, eff. July 17, 1978
A. The department may collect and analyze data, initiate research, or review research otherwise conducted, and develop comprehensive plans and specific programs for preventing and reducing juvenile delinquency in the state. In this regard, the department may conduct studies and surveys involving delinquency prevention and treatment and make recommendations thereon to the secretary. In addition, the department shall evaluate the effectiveness of existing and proposed programs.
B. The department shall assist in developing community services and programs concerned with delinquency prevention, community-based treatment, and constructive communications with law enforcement agencies.
Added by Acts 1974, No. 558, §1, emerg. eff. July 12, 1974. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978. Acts 1984, No. 567, §2, eff. Jan. 1, 1985. Acts 1985, No. 965, §2; Acts 1991, No. 467, §3.
The department shall coordinate all services relating to the provisions of this Chapter and provide:
(1) Institutional services consisting of the management and operation of state institutions providing treatment for delinquents and children in need of supervision.
(2) Field services which shall include but not be limited to providing probation and parole services, and the development of residential treatment plans.
(3) Community services which shall include but not be limited to developing programs concerned with delinquency prevention, community-based treatment, and constructive communications with law enforcement agencies.
Added by Acts 1974, No. 558, §1, emerg. eff. July 12, 1974. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978. Acts 1986, No. 332, §1.
Repealed by Acts 1978, No. 786, §7, eff. July 17, 1978
Repealed by Acts 1984, No. 567, §9, eff. Jan. 1, 1985.
§§1913 to 1915 Repealed by Acts 1978, No. 786, §7, eff. July 17, 1978
Repealed by Acts 1984, No. 567, §9, eff. Jan. 1, 1985.
To effectuate the purposes of this Chapter, to achieve the most effective use and coordination of state programs relating to or affecting the prevention and treatment of juvenile delinquency, and to assure the maximum use of existing facilities, services, and personnel, it shall be the duty of all departments and agencies of the state government and of all officers and employees of the state, when and to the extent requested by the department, to cooperate with it in all its activities consistent with their proper functions.
Added by Acts 1974, No. 558, §1, emerg. eff. July 12, 1974. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978.
The police and school authorities and other public officials and agencies shall, upon the request of the department, promptly make available to such department all pertinent information in their possession with respect to a child whose legal custody is placed in or who is under the supervision of the department pursuant to this Chapter or the provisions of R.S. 13:1561 through R.S. 13:1809, both inclusive.
Added by Acts 1974, No. 558, §1, emerg. eff. July 12, 1974. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978.
The department shall:
(1) Make a full and complete report annually to the governor and the legislature with respect to its activities under this Chapter which shall include recommendation as to the necessary fiscal, administrative, or legislative measures needed for the prevention of juvenile delinquency and for the care and treatment of delinquent children.
(2) Take such action as is necessary and desirable to bring the contents of the report to the attention of the people of the state.
(3) Make such additional reports and recommendations to the governor and the legislature as they may from time to time request or as the department may deem warranted.
Added by Acts 1974, No. 558, §1, emerg. eff. July 12, 1974. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978.
Repealed by Acts 1984, No. 567, §9, eff. Jan. 1, 1985.
The secretary of the Department of Public Safety and Corrections shall, where consistent with the requirements of federal laws and regulations, enter into arrangements with the federal government for the receipt of federal funds to carry out the purposes of this Chapter. For the achievement of that objective, the department may enter into contracts and agreements with and submit such plans and reports to the federal government as may be required.
Added by Acts 1974, No. 558, §1, emerg. eff. July 12, 1974. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1984, No. 567, §2, eff. Jan. 1, 1985; Acts 1985, No. 965, §2; Acts 1988, No. 607, §2, eff. July 14, 1988.
The department shall cause to be made and maintained full and complete written records of all studies and examinations and of the conclusions and recommendations based thereon, and of all major decisions and orders concerning the disposition and treatment of every child with respect to whom the department provides, or arranges to have provided, care, treatment, and supervision pursuant to this Chapter.
Added by Acts 1974, No. 558, §1, emerg. eff. July 12, 1974. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978.
A. With respect to any child for whom care and treatment services are either directly or indirectly provided by the department pursuant to this Chapter to a child alleged or found to be delinquent or in need of supervision, it shall be unlawful, except for purposes directly connected with the administration of this Chapter or upon the consent of such child or the attorney for such child, or upon the specific order of the court pursuant to the provisions of Code of Criminal Procedure Art. 875 and R.S. 13:1564 through R.S. 13:1724, both inclusive, for any individual agency, organization, or facility to knowingly solicit, disclose, receive, or make use of, or authorize, permit, participate in, or acquiesce in the use of any information in or derived from such child's legal, social, medical, or psychological records, or obtained, directly or indirectly, from the records, papers, files, or communication by or to the department or any individual, agency, organization, or facility utilized by the department for the provision of such care and treatment services for such child.
B. Nothing in this Section shall prohibit the interchange of records, reports, or any other information among the various offices of the department and among the various personnel thereof. Additionally, nothing in this Section shall prohibit any judge serving on a court with juvenile jurisdiction from access to all of the records of any child before that court.
Added by Acts 1974, No. 558, §1, emerg. eff. July 12, 1974. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1984, No. 567, §2, eff. Jan. 1, 1985; Acts 1985, No. 965, §2; Acts 1988, No. 607, §2, eff. July 14, 1988.
§§1924, 1925 Repealed by Acts 1978, No. 786, §7, eff. July 17, 1978
All decisions authorized or required to be made by the department pursuant to the provisions of this Chapter, unless otherwise specifically limited in this Chapter, may be delegated by the secretary to any qualified employee of the department or, in appropriate cases, to the official in charge of a licensed residential child-caring facility or of a detention or shelter care facility.
Added by Acts 1974, No. 558, §1, emerg. eff. July 12, 1974. Amended by Acts 1978, No. 756, §6, eff. July 17, 1978.
The governing authority of one or more parishes may create a multiparish juvenile detention home district whenever, by joint resolution, they shall deem it in the best interest of the parish or parishes involved.
Added by Acts 1974, No. 700, §1. Amended by Acts 1975, No. 426, §1.
Each multiparish juvenile detention home shall be known by the name of the parish in which the home is domiciled, for example Ouachita Area Juvenile Detention Home; however, any such home created for the parishes of West Carroll, Richland, Franklin, East Carroll, Madison, Tensas, Concordia, and Catahoula, or any two or more of them, may adopt the name Northeast Louisiana Juvenile Detention Home.
Added by Acts 1974, No. 700, §1. Amended by Acts 1975, No. 426, §1.
A. Each juvenile detention home district shall be a political corporation, with power to sue and be sued and shall be governed by a board of governors. A multiparish juvenile detention home shall be domiciled at the parish seat in one of the parishes which it serves, as designated by the board of governors. It shall be sued at its domicile and service of all legal documents shall be made on the president or secretary of the board of governors.
B. Any multiparish juvenile detention home district may acquire title by purchase or donation to immovable property for public purposes and may own, operate, or maintain facilities for the housing, care, supervision, maintenance, and education of juveniles under the age of eighteen years, and for individuals eighteen years of age and over who were under eighteen years of age when they committed an alleged offense.
Added by Acts 1974, No. 700, §1. Amended by Acts 1975, No. 426, §1; Acts 2019, No. 104, §4; Acts 2022, No. 271, §5.
A. The board of governors shall be composed of:
(1) One citizen from each participating parish, appointed by the governing authority of that parish;
(2) One juvenile probation officer from the multiparish district, appointed by the secretary of the Louisiana Department of Health.
(3) The district judges of the participating parishes, who shall be ex officio, nonvoting members of the board.
B. The board of governors shall elect a president, a vice president, a secretary and a treasurer; however, the district judges shall not be eligible for said offices. The members of the board of governors who are appointed by the parish governing bodies shall be appointed to serve for a period of three years, except that with respect to the first board of governors, if composed of three or more members, approximately one-third of the members shall serve for one year, approximately one-third thereof shall serve for two years and approximately one-third thereof shall serve for three years, so that the terms of the board members shall be overlapping. The governing authorities of the participating parishes shall determine which of the members shall serve initially for one, two, and three years. The probation officer shall be appointed for a term of three years, provided that he remains a juvenile probation officer in the employ of the Louisiana Department of Health. The district judges shall hold office during their respective terms of office.
C. The members of the board of governors shall be paid the same mileage and per diem in going to and returning from any regular or special meeting as is now paid to the members of the governing authorities of the parishes within the multiparish juvenile detention district.
Added by Acts 1974, No. 700, §1. Amended by Acts 1975, No. 426, §1; Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1979, No. 769, §13.
The board of governors:
(1) May inaugurate, conduct, and carry on the operation of the juvenile detention facility on property owned or leased by the district for that purpose.
(2) May acquire land by donation, purchase or lease for the multiparish juvenile detention home. All purchases of real estate shall be ratified by a majority of the governing authorities of the parishes within the multiparish juvenile detention home district if there is more than one parish in the district or by a majority vote of the parish governing authority if only one parish constitutes the juvenile detention home district. The purchase price shall be paid by the parishes on the basis of assessed valuation and in proportion to the total assessed valuation of the participating parishes. If the purchase price is on terms of credit, the land shall be the only security and the parishes shall not be liable for any part of the unpaid purchase price. The board of governors may remove any buildings or improvements on land acquired by it.
(3) With the approval of the governing authorities of the parishes composing the multiparish juvenile detention home district, may build facilities for housing, recreation, and education of juveniles whenever they deem it advisable; provided however, that no building shall be constructed on any land not fully paid for. For this purpose any of the parish governing authorities may dedicate the proceeds of not in excess of one-half of one mill on the dollar of assessment per year for a period of not more than ten years out of the parish's general alimony tax. The board may issue certificates of indebtedness evidencing the district's obligations resulting from any such dedication. Any such certificates of indebtedness so issued shall be payable annually, with interest payable semiannually, not to exceed the market rate of percent per annum, redeemable on maturity out of any excess revenues that may develop. The governing authority of each participating parish may levy an annual tax not to exceed one-half of one mill for a period not to exceed ten years to assist in financing the construction, operation and maintenance of a juvenile detention home; provided such tax shall be authorized by a vote of a majority, in number, of the taxpayers of such parish who vote at an election held for that purpose.
(4) May incur debt for the purpose of acquiring lands for the multiparish juvenile detention home and for making improvements on the land, for purchasing machinery, tools, equipment or other property for the establishment, maintenance, operation and administration of the juvenile detention home or for the purpose of obtaining funds to pay and extinguish any debt or debts incurred in the acquisition of the lands or the improvement thereof. For such purpose, the board may grant mortgages upon the immovable property of the district, where title thereto is in the public, mortgages upon its movables, or crop pledges and pawns upon any crops of the juvenile detention home; provided however, that when land is purchased on credit terms, the land shall be the only security.
The acts of security shall stipulate that in case of default in payment of any debt secured thereby or any part of a debt, the property securing the debt shall be subject to seizure and sale, with benefit of appraisement, in the same manner as private property subject to encumbrance may be seized and sold, notwithstanding that title of the property securing the debt is vested in the public. No security shall be granted unless approved by the governing authorities of the parishes composing the multiparish juvenile detention district by ordinance or resolution fixing the maximum of the debt to be secured. Neither the board of governors, the governing authorities of the parishes within the multiparish juvenile detention district, nor the multiparish juvenile detention home shall ever be obligated beyond the value of the property offered as security.
(5) Shall fix the salary to be paid the secretary and treasurer of the board of governors and shall fix the amount of bond with legal surety which the treasurer shall give, conditioned on a faithful accounting for all money and property entrusted to his care.
(6) May sell, dispose of or lease any land owned by the multiparish juvenile detention district which for any reason can no longer be used or which is unused or is unnecessary or unsuitable in the operations of the said multiparish juvenile detention home.
(7) The board of governors of said multiparish juvenile detention district may lease its lands upon such terms and conditions as may be most advantageous to the home, but no such lease shall be for a period in excess of five years.
(8) May employ and discharge a superintendent, assistant superintendent, and such other employees and agents as are necessary to operate the juvenile detention facility and may fix their salaries or wages, hours, terms of employment and duties.
(9) May employ teachers and other instructors for the purpose of giving instruction to juveniles while being detained.
(10) May adopt rules and regulations for the operation and maintenance of the home and generally do all things lawfully to provide temporary custodial care, supervision and education of the juveniles.
Added by Acts 1974, No. 700, §1. Amended by Acts 1975, No. 426, §1.
A juvenile detention home established pursuant to this Part shall be used for the temporary detention of juveniles within the jurisdiction of the city and/or district courts of the parishes composing said multiparish juvenile detention district while awaiting trial or other disposition of their cases, runaways within the jurisdiction of said courts, and juveniles awaiting transfer to the Louisiana Department of Corrections. Juveniles not within the jurisdiction of said courts may be accepted by the governing authorities of the home in accordance with rules and regulations adopted therefor by the board, but only upon payment or agreement of a responsible public body to pay the fees established by the board for care and maintenance.
Added by Acts 1974, No. 700, §1. Amended by Acts 1975, No. 426, §1.
For the purpose of establishing, improving, operating or maintaining the home, the board of governors shall have authority to accept available, federal and/or state funds allocated for that purpose.
Added by Acts 1974, No. 700, §1. Amended by Acts 1975, No. 426, §1.
A. The governing authorities of the parishes within the multiparish juvenile detention district shall annually appropriate, in proportion to the assessed valuation of the property of the parishes, an amount which, when added to the revenues of the multiparish juvenile detention home, will be sufficient to properly operate the multiparish juvenile detention home and provide the necessary operational equipment, services and custodial care. The first budget shall equal the amount expended for the keeping, feeding, clothing, care, supervision, schooling, and maintenance of juveniles detained pursuant to orders of city and/or district courts within the area, and thereafter the annual budget shall be estimated on the basis of the budget of the preceding year.
B. The revenues derived from any operations of the multiparish juvenile district or from any other source not needed for the succeeding calendar year may be paid into the general fund of the governing authorities of the parishes composing the multiparish juvenile detention district in proportion to the assessment of the parishes as shown by the last filed assessment roll of each.
Added by Acts 1974, No. 700, §1. Amended by Acts 1975, No. 426, §1.
The provisions of this Part shall be known as the "Children and Youth Planning Boards Act".
Added by Acts 1978, No. 300, §1; Acts 1990, No. 696, §1; Acts 2004, No. 555, §1.
A. The purpose of the children and youth planning boards is to assist in the assessment, alignment, coordination, prioritization, and measurement of all available services and programs that address the needs of children and youth. This includes children and youth at risk for, or identified with, social, emotional, or developmental problems, including but not limited to educational failure, abuse, neglect, exposure to violence, juvenile or parental mental illness, juvenile or parental substance abuse, poverty, developmental disabilities and delinquency. The boards are intended to encourage collaborative efforts among local stakeholders for assessing the physical, social, behavioral, and educational needs of children and youth in their respective communities and for assisting in the development of comprehensive plans to address such needs. The infrastructure for planning is intended to be data-driven in order to select appropriate evidence-based programs which will maximize available resources.
B. The legislature authorizes the establishment of children and youth planning boards to assist in the development, implementation, and operation of services which encourage positive development, diversion of children and youth from the criminal justice and the foster care system, reduction in the commitments of youth to state institutions, and providing community response to the growing rate of juvenile delinquency. The coordination and implementation of services shall include but are not limited to prevention, early intervention, diversion, alternatives to home displacement, alternatives to incarceration, and treatment services. Through such boards, the state intends to foster and promote a continuum of community-based services and systems reflecting service integration at the state and community or local levels.
C. The role of the Children's Cabinet shall be to facilitate the creation of children and youth planning boards by offering guidance and technical assistance to local communities and governing authorities including but not limited to resource identification, needs assessments, monitoring and performance evaluation, strategic planning and other forms of assistance and support.
Added by Acts 1978, No. 300, §1; Acts 1990, No. 696, §1; Acts 2004, No. 555, §1.
Words and terms used in this Part shall mean the following:
(1) Repealed by Acts 2004, No. 555, §2.
(2) "Youth" means a person seventeen years of age or younger.
Added by Acts 1978, No. 300, §1; Acts 1990, No. 696, §1; Acts 2004, No. 555, §2.
Repealed by Acts 2004, No. 555, §2.
A. There shall be a children and youth planning board created and established in each judicial district by enactment of appropriate resolutions by the governing authority of each parish in that district. The board shall provide for the preparation of a comprehensive plan for the development, implementation, and operation of services for children and youth.
B. Nothing herein shall mandate a parish governing authority to fund the operational expenses of the board.
C. Nothing herein shall prevent a single parish or group of parishes from establishing an advisory board which would report to a youth services planning board.
Added by Acts 1978, No. 300, §1; Acts 1990, No. 696, §1; Acts 2004, No. 555, §1.
Repealed by Acts 2004, No. 555, §2.
Repealed by Acts 2004, No. 555, §2.
A. Each planning board shall consist of a minimum of eleven, but not more than twenty-five members. Special care should be given in the appointments to ensure that the board is representative of the community in terms of gender, age, ethnicity, and geography, as well as knowledge and expertise. Those appointed shall include the following, if available and willing to serve, but need not be limited to:
(1) Members of the education community that are representative of and knowledgeable about early childhood, elementary, secondary, and special education.
(2) Members of the criminal justice community that are representative of and knowledgeable about law enforcement, prosecution, public defense, and the judiciary. Wherever possible, a member of the judiciary elected to the juvenile court bench should be included.
(3) Members of the health care community that are:
(a) Representative of and knowledgeable about physical health, mental health, and early childhood substance abuse prevention and treatment services.
(b) Repealed by Acts 2011, No. 207, §9.
(4) Members of the social services community that are representative of and knowledgeable about child in need of care services, foster parenting, and child and family support programs.
(5) Members of the faith-based communities.
(6) Members of the business and labor communities.
(7) Members of parenting and youth organizations.
B. The parish governing authority shall make the appointments for a period of two years. In the case of a judicial district which encompasses more than one parish, cooperating parish governing authorities may formulate a plan of representation and may add representatives to the board from each participating parish.
C.(1) The children and youth planning boards shall actively participate in the formulation of a comprehensive plan for the development, implementation, and operation of services for children and youth and make formal recommendations to the parish governing authority or joint parish governing authorities at least annually concerning the comprehensive plan and its implementation during the ensuing year.
(2) In its formulation of the comprehensive plan, the children and youth planning boards shall do all of the following, but shall not be limited to the following:
(a) Identify all resources available to meet the needs of children and youth by comprehensively examining resources and services that target children and youth. These services may include but are not limited to prevention, early intervention, education, and treatment.
(b) Assess the needs of children and youth in the local community, incorporating reliable data sources.
(c) Develop and select the appropriate evidence-based strategies or programs to meet those needs identified by soliciting community input and developing a strategic plan to best address the needs of children and youth in the respective community. This strategic plan should have measurable goals and objectives and should be evaluated annually to ensure its effectiveness.
(d) Collaborate with schools, law enforcement, judicial system, health care providers, and others to ensure goals and treatment needs are being met.
(e) Ensure effective delivery of prevention programs in the community through training, technical assistance, monitoring, and evaluation to ensure effective outcomes are achieved.
(f) Report annually by October first to the office of youth services and the Children's Cabinet the results of such assessments. Performance indicators and benchmarks from the reports will be used for planning at both the state and community levels.
D. All proceedings of the children and youth planning boards and any committee or subgroup thereof, shall be subject to the provisions of R.S. 42:12 and 42:25, and all votes taken of members shall be recorded and shall become matters of public record.
E. The boards shall promulgate and implement rules concerning attendance of members at board meetings. The members may also elect their own officers.
Added by Acts 1978, No. 300, §1; Acts 1990, No. 696, §1; Acts 2004, No. 555, §1; Acts 2008, No. 568, §2, eff. June 30, 2008; Acts 2011, No. 207, §9.
Repealed by Acts 2004, No. 555, §2.
Repealed by Acts 2004, No. 555, §2.
Repealed by Acts 2004, No. 555, §2.
Repealed by Acts 2004, No. 555, §2.
Repealed by Acts 2004, No. 555, §2.
A. It is the policy of this state to encourage and enable a person with a disability to participate fully in the social and economic life of the state, to achieve maximum personal independence, to otherwise fully enjoy and use all public facilities available in the state, and to engage in remunerative employment.
B. No person with a disability may be denied admittance to any public facility because of the person's disability. No person with a disability shall be denied the use of a white cane, service dog, wheelchair, crutches, or other device of assistance.
C. In addition, it is the policy of this state that a person with a disability shall be employed by the state, political subdivisions of the state, public schools, and all other employment supported in whole or in part by public funds on the same terms and conditions as an able-bodied person, unless it is shown that the particular disability prevents the performance of the work involved.
Acts 1982, No. 518, §1; Acts 1993, No. 482, §1; Acts 2014, No. 492, §1; Acts 2014, No. 811, §24, eff. June 23, 2014.
NOTE: Acts 1993, No. 763, §1 amended prior R.S. 46:1952(A), (B), and (C), 1953(D), and 1954 and enacted R.S. 46:1953(E). Acts 1993, No. 482, §1 amended and reenacted the entire Chapter. The Chapter appears as in Act No. 482. The Louisiana State Law Institute printed the provisions of Act No. 763 as a note at the head of this Chapter.
As used in this Chapter:
(1) "Housing accommodations" means any immovable property, or portion thereof, which is used or occupied or is intended, arranged, or designed to be used or occupied as the home, residence, or sleeping place of one or more human beings, but shall not include any single family residence the occupants of which rent, lease, or furnish for compensation not more than one room therein.
(2) "Person with a disability" means a person who has a physical or mental impairment that substantially limits one or more of such person's major life activities and who has a record of such impairment or who is regarded as having such an impairment, including military veterans with traumatic brain injury or post traumatic stress disorder.
(3) "Service dog" means a dog who has been trained or is being trained to do work or perform a task for a person with a disability. "Service dog" refers to a dog trained as any of the following:
(a) A hearing dog.
(b) A guide dog.
(c) A seizure alert dog.
(d) A mobility dog.
(e) An autism service dog.
(f) A dog providing assistance during a medical crisis.
(g) A service dog providing assistance to persons, including veterans with traumatic brain injury or post traumatic stress disorder.
Acts 1982, No. 518, §1; Acts 1993, No. 482, §1; Acts 1993, No. 763, §2; Acts 2014, No. 492, §1; Acts 2014, No. 811, §24, eff. June 23, 2014; Acts 2018, No. 206, §7; Acts 2022, No. 271, §5.
NOTE: Acts 1993, No. 763, §1 amended prior R.S. 46:1952(A), (B), and (C), 1953(D), and 1954 and enacted R.S. 46:1953(E). Acts 1993, No. 482, §1 amended and reenacted the entire Chapter. The Chapter appears as in Act No. 482. The Louisiana State Law Institute printed the provisions of Act No. 763 as a note at the head of this Chapter.
A. Every person with a disability shall have the same right as a person who is able-bodied to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities, and other public places.
B. Every person with a disability shall be entitled to full and equal accommodations, advantages, facilities, and privileges in the following, subject only to the conditions and limitations established by law and applicable alike to all persons:
(1) Common carriers, including taxis, airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats, or any other public conveyances or modes of transportation operated on land or water, in the air, or any stations and terminals thereof.
(2) Educational institutions, including but not limited to kindergartens, primary and secondary schools, trade or business schools, high schools, academies, colleges, and universities.
(3) Hotels, lodging places, restaurants, theaters, places of public accommodation, amusement, or resort.
(4) Other places to which the general public is invited.
C. Every person with a disability may be accompanied by a service dog, especially trained to aid such person, in any of the places provided in Subsection B of this Section without being required to pay an extra charge for such dog. However, he shall be liable for any damage done to the premises, facilities, operators, or occupants by such dog.
D.(1) A public entity may ask a person with a disability to remove his service dog from a premises if either of the following is present:
(a) The service dog is out of control, and the person with a disability accompanying the service dog does not take effective action to control it.
(b) The service dog is not housebroken.
(2) If the service dog is properly excluded, the public entity shall give the person with a disability the opportunity to enter without the service dog.
E.(1) A public entity shall not ask about the nature or extent of a person's disability, but may make the following two inquiries to determine whether such a dog qualifies as a service dog:
(a) A public entity may ask if the service dog is required because of a disability.
(b) A public entity may ask what work or task the service dog has been trained to perform.
(2) A public entity shall not require documentation for proof the service dog has been certified, trained, or licensed as a service dog.
F. Nothing in this Section shall require any person who owns, leases, or operates any public conveyance or modes of transportation, educational institutions, hotels, restaurants, theaters, lodging places, places of public accommodation, amusement, or resort, and other places to which the general public is invited, to modify his property or facility in any way or provide a higher degree of care for a person with a disability than for a person who does not have a disability.
Acts 1982, No. 518, §1; Acts 1993, No. 482, §1; Acts 1993, No. 763, §2; Acts 2014, No. 492, §1; Acts 2014, No. 811, §24, eff. June 23, 2014; Acts 2018, No. 206, §5.
NOTE: Acts 1993, No. 763, §1 amended prior R.S. 46:1952(A), (B), and (C), 1953(D), and 1954 and enacted R.S. 46:1953(E). Acts 1993, No. 482, §1 amended and reenacted the entire Chapter. The Chapter appears as in Act No. 482. The Louisiana State Law Institute printed the provisions of Act No. 763 as a note at the head of this Chapter.
A. Every person with a disability shall be entitled to full and equal access, as other members of the general public, to all housing accommodations offered for rent, lease, or compensation in this state, subject to the conditions and limitations established by law and applicable alike to all persons.
B. Nothing in this Section shall require any person renting, leasing, or providing for compensation immovable property to modify his property in any way or to provide a higher degree of care for a person with a disability than for a person who does not have a disability.
C. Each person with a disability who has a service dog, especially trained to aid such person or who obtains such a dog, shall be entitled to full and equal access to all housing accommodations as defined in R.S. 46:1952(2), and he shall not be required to pay extra compensation for such dog but shall be liable for any damage done to the premises or any person on the premises by such dog.
Acts 1982, No. 518, §1; Acts 1993, No. 482, §1; Acts 1993, No. 763, §2; Acts 2014, No. 492, §1; Acts 2014, No. 811, §24, eff. June 23, 2014; Acts 2018, No. 206, §5.
NOTE: Acts 1993, No. 763, §1 amended prior R.S. 46:1952(A), (B), and (C), 1953(D), and 1954 and enacted R.S. 46:1953(E). Acts 1993, No. 482, §1 amended and reenacted the entire Chapter. The Chapter appears as in Act No. 482. The Louisiana State Law Institute printed the provisions of Act No. 763 as a note at the head of this Chapter.
During the training of a service dog, any trainer or puppy raiser of such dog shall have the same rights and privileges as a person with a disability to be accompanied by a service dog in any place or facility provided in this Chapter without being required to pay an extra charge for such dog. However, during the training of a service dog, he shall be liable for any damages done to any person, premises, or facility by the service dog.
Acts 1993, No. 482, §1; Acts 2014, No. 492, §1; Acts 2014, No. 811, §24, eff. June 23, 2014.
NOTE: Acts 1993, No. 763, §1 amended prior R.S. 46:1952(A), (B), and (C), 1953(D), and 1954 and enacted R.S. 46:1953(E). Acts 1993, No. 482, §1 amended and reenacted the entire Chapter. The Chapter appears as in Act No. 482. The Louisiana State Law Institute printed the provisions of Act No. 763 as a note at the head of this Chapter.
A. Any person, firm, or corporation, or the agent, representative, or employee of any person, firm, or corporation who withholds, denies, deprives, or attempts to withhold, deny, or deprive; intimidates, threatens, coerces, or attempts to threaten, intimidate, or coerce; punishes or attempts to punish a person with a disability or a trainer or puppy raiser of a service dog, during the training of such dog, or for exercising his right to be admitted to or enjoy the places and facilities provided in this Chapter; or otherwise interferes with the rights of a person with a disability under this Chapter shall be guilty of a misdemeanor and fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not more than six months, or both.
B. Any person who purposely or negligently injures a service dog or any owner of a dog who allows that dog to injure a service dog because he fails to control or leash the dog shall also be guilty of a misdemeanor and fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not more than six months, or both. Such person shall also be liable for any injuries to the service dog and, if necessary, the replacement and compensation for the loss of the service dog.
C. For every offense, such person shall pay for actual damages for any economic loss to any person aggrieved thereby, to be recovered in any court of competent jurisdiction in the parish where such offense was committed or where the aggrieved person resides.
D. In an action brought under this Section, the court may award costs and reasonable attorney's fee to the prevailing party.
Acts 1993, No. 482, §1; Acts 2014, No. 492, §1; Acts 2014, No. 811, §24, eff. June 23, 2014.
NOTE: Acts 1993, No. 763, §1 amended prior R.S. 46:1952(A), (B), and (C), 1953(D), and 1954 and enacted R.S. 46:1953(E). Acts 1993, No. 482, §1 amended and reenacted the entire Chapter. The Chapter appears as in Act No. 482. The Louisiana State Law Institute printed the provisions of Act No. 763 as a note at the head of this Chapter.
A. Operators of motor vehicles approaching a pedestrian with a disability who is carrying a cane predominantly white in color, with or without a red tip, or a pedestrian with a disability using a service dog shall take all necessary precautions to avoid injury to such pedestrian.
B. Any such operator who fails to take all necessary precautions to avoid injury to a pedestrian with a disability shall be liable in damages for any injury caused to the pedestrian and any injury caused to the pedestrian's service dog.
C. No operator of a motor vehicle shall drive into or upon any crosswalk while a pedestrian with a disability is on the crosswalk or crossing or attempting to cross the crosswalk if such pedestrian indicates his intention to cross or to continue to cross the crosswalk. Failure by the pedestrian to signal his intention to cross the crossway shall not deprive him of the right-of-way given to him by other applicable law or regulation.
Acts 1993, No. 482, §1; Acts 2014, No. 492, §1; Acts 2014, No. 811, §24, eff. June 23, 2014.
NOTE: Acts 1993, No. 763, §1 amended prior R.S. 46:1952(A), (B), and (C), 1953(D), and 1954 and enacted R.S. 46:1953(E). Acts 1993, No. 482, §1 amended and reenacted the entire Chapter. The Chapter appears as in Act No. 482. The Louisiana State Law Institute printed the provisions of Act No. 763 as a note at the head of this Chapter.
Service dogs, as defined in R.S. 46:1952, shall be exempt from any state or local license fee.
Acts 1993, No. 482, §1; Acts 2014, No. 492, §1.
NOTE: Acts 1993, No. 763, §1 amended prior R.S. 46:1952(A), (B), and (C), 1953(D), and 1954 and enacted R.S. 46:1953(E). Acts 1993, No. 482, §1 amended and reenacted the entire Chapter. The Chapter appears as in Act No. 482. The Louisiana State Law Institute printed the provisions of Act No. 763 as a note at the head of this Chapter.
Nothing in this Chapter shall be construed to amend, repeal, conflict with, or supersede any federal or state law, rule, or regulation or local ordinance mandating full and equal access in the use of public facilities or places, common carriers, public conveyances, or other modes of transportation, or housing accommodations for a person with a disability.
Acts 1993, No. 482, §1; Acts 2014, No. 492, §1; Acts 2014, No. 811, §24, eff. June 23, 2014.
NOTE: Acts 1993, No. 763, §1 amended prior R.S. 46:1952(A), (B), and (C), 1953(D), and 1954 and enacted R.S. 46:1953(E). Acts 1993, No. 482, §1 amended and reenacted the entire Chapter. The Chapter appears as in Act No. 482. The Louisiana State Law Institute printed the provisions of Act No. 763 as a note at the head of this Chapter.
This Chapter shall be cited as the "Louisiana Support and Service Animal Integrity Act".
Acts 2024, No. 558, §1.
The purpose and intent of this Chapter is to restore integrity into the process of determining whether an individual has a disability which requires the use of a support animal and to impose penalties on those who determine that an individual requires the use of a support animal without having a reliable basis to do so and those who claim the need for a support animal on account of a disability or handicap without having a reliable basis for that need. It is the further purpose and intent of this Chapter to place limitations on individuals and businesses selling support animals and items attendant to support animals. It is also the purpose and intent of this Chapter to penalize those who misrepresent an animal as a service dog and to provide immunity to owners and lessors of residential dwellings from and against liability for injuries and damages caused by support animals and service dogs.
Acts 2024, No. 558, §1.
As used in this Chapter:
(1) "Disability" is defined in accordance with the federal Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq., and its related amendments and implementing regulations. The term "disability" includes a handicap as defined by the federal Fair Housing Act, 42 U.S.C. 3601 et seq., as amended, and 24 CFR 100.201.
(2) "Healthcare provider" has the same definition as set forth in R.S. 40:1231.1.
(3) "Healthcare services" has the same definition as set forth in R.S. 22:1020.1.
(4) "Public accommodation" or "place of public accommodation" has the same meaning as set forth in R.S. 51:2232.
(5) "Service dog" has the same definition as set forth in R.S. 46:1952.
(6) "Support animal" means an animal, other than a service dog as defined in R.S. 46:1952, that does work, performs tasks, or provides assistance or therapeutic emotional support for individuals with disabilities.
(7) "Therapeutic relationship" means the provision of healthcare services by a healthcare provider in good faith and with actual knowledge of an individual's disability and that individual's disability-related need for a support animal. The term "therapeutic relationship" does not include services provided by an individual or entity that issues a certificate, license, letter, or similar document that purports to confirm, without conducting a meaningful assessment of an individual's disability or an individual's disability-related need for a support animal, that a person has either a disability or a disability-related need for a support animal.
Acts 2024, No. 558, §1.
A. No healthcare provider shall produce documentation relating to an individual's need for a support animal unless the healthcare provider complies with all of the following:
(1) Possesses an active and valid Louisiana license or an active license within a healthcare profession that has a licensure compact to perform the healthcare services being offered to an individual.
(2) Is qualified and licensed to evaluate and diagnose disabilities and has performed a disability assessment of an individual.
(3) Includes in the documentation relating to an individual's need for a support animal all of the following:
(a) The effective date of the documentation.
(b) The license number of the healthcare provider.
(c) The type of professional license held by the healthcare provider.
(4) Establishes a therapeutic relationship with an individual no less than thirty days prior to producing the documentation regarding the individual's need for a support animal.
(5) Has engaged with an individual in person or remotely in at least two sessions before issuing documentation determining that the individual requires a support animal.
(6) Performs a clinical evaluation of an individual no less than thirty days before producing documentation regarding the individual's need for a support animal.
B. No healthcare provider shall represent or attempt to represent that an individual has a disability requiring a support animal when an individual is not disabled or does not need a support animal on account of the individual's disability.
C. No individual shall represent or attempt to represent to a third party that the individual has a disability requiring a support animal when the individual is not disabled or does not require a support animal on account of the individual's disability.
Acts 2024, No. 558, §1.
No individual shall misrepresent an animal to be a service dog or service dog-in-training to a person or entity that owns or operates a public accommodation or a residential dwelling.
Acts 2024, No. 558, §1.
A.(1) An individual or business that sells or provides an animal for use as a support animal shall provide a written notice to the buyer or recipient of the animal that states all of the following:
(a) The animal does not have the special training required to qualify as a service dog.
(b) The animal is not entitled to the rights and privileges accorded by law to a service dog.
(2) Misrepresenting an animal as a service dog or animal may subject an individual to a civil penalty pursuant to R.S. 46:1977.
B. An individual or business that sells or provides a certificate or letter for a support animal shall provide a written notice to the buyer or recipient that states the following:
(1) The item does not entitle a support animal to the rights and privileges accorded by law to a service dog.
(2) Misrepresenting an animal as a service dog may subject an individual to a civil penalty pursuant to R.S. 46:1977.
C. The written notice described in Subsections A and B of this Section shall be made in the following manner:
(1) In bold-typed print of no less than twelve-point font.
(2) Provided on any of the following:
(a) The receipt for the support animal.
(b) The product described in Subsection B of this Section.
(c) A separate piece of paper.
Acts 2024, No. 558, §1.
A. Any individual, business, or healthcare provider that violates the provisions in this Chapter shall be fined no more than five hundred dollars for the first offense.
B. Any individual, business, or healthcare provider that violates the provisions in this Chapter shall be fined no more than one thousand dollars for the second offense.
C. Any individual, business, or healthcare provider that violates the provisions in this Chapter shall be fined no more than two thousand five hundred dollars for the third or any subsequent offense.
Acts 2024, No. 558, §1.
Nothing in this Chapter shall be construed to restrict or modify any federal or state laws related to an individual's rights for reasonable accommodation and equal access to housing, including but not limited to rights afforded in accordance with the Louisiana Equal Housing Opportunity Act, R.S. 51:2601 et seq.; the Fair Housing Act, 42 U.S.C. 3601 et seq.; the Americans with Disabilities Act; or related state or federal legislation.
Acts 2024, No. 558, §1.
Repealed by Acts 2005, No. 483, §2, eff. July 12, 2005.
Repealed by Acts 2005, No. 483, §2, eff. July 12, 2005.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2010, No. 939, §11, eff. July 1, 2010.
Repealed by Acts 2010, No. 939, §11, eff. July 1, 2010.
Repealed by Acts 2010, No. 939, §11, eff. July 1, 2010.
Repealed by Acts 2010, No. 939, §11, eff. July 1, 2010.
Repealed by Acts 2010, No. 939, §11, eff. July 1, 2010.
Repealed by Acts 2010, No. 939, §11, eff. July 1, 2010.
Repealed by Acts 2014, No. 811, §34, eff. June 23, 2014.
Repealed by Acts 2014, No. 811, §34, eff. June 23, 2014.
Repealed by Acts 2014, No. 811, §34, eff. June 23, 2014.
Repealed by Acts 2014, No. 811, §34, eff. June 23, 2014.
Repealed by Acts 1989, No. 662, §8, eff. July 7, 1989.
A. The Legislature of Louisiana recognizes the right of people with significant disabilities to lead independent and productive lives.
B. The legislature further recognizes that persons with significant disabilities require personal assistance to meet tasks of daily living and, in many cases, to avoid costly institutionalization.
C. The legislature further recognizes that many times the expected return on state dollars invested in vocational rehabilitation training for individuals who cannot afford to go to work, resulting in immeasurable losses in terms of lost wages, dependency, social isolation, and unfulfilled human potential.
D. It is the intention of the legislature to create a program of state personal assistance services for persons with significant disabilities in order to support and enhance their employability and/or to avoid inappropriate and unnecessary institutionalization of persons with significant disabilities.
Acts 1987, No. 781, §1; Acts 1990, No. 653, §1, eff. July 19, 1990; Acts 2006, No. 617, §1.
As used in this Chapter, the following terms shall have the meaning ascribed to them in this Section, unless the context clearly requires otherwise:
(1) "Department" means the Louisiana Department of Health.
(2) "Person with significant disabilities" means a person with loss of sensory or motor functions interfering with activities of daily living to the extent that the person requires assistance with nonmedical personal care needs, domestic or cleaning needs, dressing and undressing, moving into and out of bed, ambulation, related services including but not limited to meal preparation, laundry, and grocery shopping, and other similar activities of daily living.
(3) "Secretary" means the secretary of the Louisiana Department of Health.
(4) "State personal assistance services" means goods and services which are required by a person with significant disabilities age eighteen or older to increase a person's independence or substitute for a person's dependence on human assistance.
Acts 1987, No. 781, §1; Acts 1990, No. 653, §1, eff. July 19, 1990; Acts 2006, No. 617, §1; Acts 2010, No. 939, §8, eff. July 1, 2010; Acts 2014, No. 493, §1, eff. June 5, 2014; Acts 2018, No. 206, §7.
A. State Personal Assistance Services Program is created in the Louisiana Department of Health and shall be administered by the office of aging and adult services in the department.
B. The department shall provide a subsidy for personal assistance services to any person who:
(1) Is a person with significant disabilities.
(2) Is age eighteen or older at inception of services, provided that all other eligibility requirements are met.
(3) Needs personal assistance services to prevent or remove the adult from inappropriate placement in an institutional setting or enhance the adult's employability.
(4) Meets the eligibility criteria established in the state personal assistance policy submitted by the department as provided in R.S. 46:2116.5.
(5) Evidences eligibility by means of evaluations of eligibility as provided in Paragraphs (3) and (4) of this Subsection.
C. The person with significant disabilities shall be responsible for:
(1) Hiring, firing, and supervising the persons who provide personal assistance services.
(2) Participating in an evaluation to determine eligibility for personal assistance services from a qualified agency or organization.
(3) Participating in an annual re-evaluation.
(4) Choosing a qualified provider in the state.
D. The evaluation team shall:
(1) Determine the eligibility of the person with significant disabilities for personal assistance services.
(2) Reevaluate the person with significant disabilities annually to determine the person's continuing need for services.
E. In determining eligibility for a subsidy, the department shall follow the recommendations of the evaluation team or shall give notice to the person within twenty days of receipt of the recommendations of the evaluation team of its reasons for not following the team's recommendations.
F. Repealed by Acts 1995, No. 1198, §2.
Acts 1987, No. 781, §1; Acts 1990, No. 653, §1, eff. July 19, 1990; Acts 1995, No. 1198, §§1, 2; Acts 2003, No. 544, §1; Acts 2006, No. 617, §1; Acts 2008, No. 308, §1; Acts 2010, No. 939, §8, eff. July 1, 2010; Acts 2014, No. 493, §1, eff. June 5, 2014.
A. The department, by rule, shall establish an eligibility standard and an evaluation process which takes into consideration the unique economic and social needs of persons with significant disabilities.
B. The subsidy shall not be considered income for any purpose to the extent permitted by federal law and regulation.
C. This program shall be considered as a source of last resort for personal assistance services after private and governmental sources have been expended.
Acts 1987, No. 781, §1; Acts 1990, No. 653, §1, eff. July 19, 1990; Acts 2006, No. 617, §1; Acts 2014, No. 493, §1, eff. June 5, 2014.
Any person who is aggrieved by a decision of the department with regard to a request for provision of personal assistance services may appeal said decision within thirty days in accordance with the provisions of R.S. 46:107. Such appeal shall be conducted in accordance with the Administrative Procedure Act and shall be subject to judicial review.
Acts 1987, No. 781, §1.
A. The secretary of the department or his designee shall develop and maintain a state personal assistance policy plan which shall include but not be limited to the following:
(1) Criteria for eligibility of a person with significant disabilities for the services.
(2) Criteria for determining the goods and services to be provided to a person with significant disabilities.
(3) Determination of how program funds will be disbursed.
(4) Criteria for determining prioritization of the State Personal Assistance Services Program waiting list.
B. The secretary shall promulgate rules to implement this Chapter.
C. The department shall implement this Chapter to the extent funds are appropriated by the legislature.
D. Repealed by Acts 2014, No. 493, §2, eff. June 5, 2014.
Acts 1987, No. 781, §1; Acts 1990, No. 653, §1, eff. July 19, 1990; Acts 1995, No. 1198, §2; Acts 2006, No. 617, §1; Acts 2014, No. 493, §§1, 2, eff. June 5, 2014.
A. The legislature hereby finds and declares that there is a present and growing need to develop innovative strategies and services which will reduce and treat the trauma of family violence. Available studies documenting police statistics indicate that thousands of persons in this state are regularly beaten, tortured, and, in many cases, killed by spouses or persons with whom they are living in a primary relationship. These studies further indicate that victims of family violence come from all socioeconomic classes and ethnic groups, though it is the poor who suffer most from family violence, since it is less likely that they have immediate access to private counseling and shelter for themselves and their children. Children, though often not physically assaulted, suffer deep and lasting emotional effects, and it is most often the children of those parents who commit family violence that perpetuate the cycle by abusing their spouses.
B. The legislature further finds and declares that there is a high incidence of deaths and injuries sustained by law enforcement officers in the handling of domestic disturbances. A definite correlation between family violence and marital homicide has been established, yet police arrests for family violence are low, and victims are reluctant to press charges. Furthermore, instances of family violence are considered to be the single most unreported crime in the state.
C. It is the intention of the legislature to achieve a reduction in serious and fatal injuries to the victims of family violence and to clarify the problems, causes, and remediation of family violence by providing the necessary services including shelter, counseling, and referrals to social services, medical care, and legal assistance in the form of a family violence center.
Added by Acts 1979, No. 746, §1; Acts 2018, No. 206, §5.
As used in this Part:
(1) "Family or household members" means spouses, former spouses, parents, children, stepparents, stepchildren, foster parents, and foster children. "Family or household members" also means grandparents or their grandchildren.
(2) "Family violence" means any assault, battery, or other physical abuse which occurs between family or household members, who reside together or who formerly resided together.
(3) "Victim of family violence" means the family or household member abused and his or her children who might be in danger if left in the domicile.
Added by Acts 1983, 1st Ex. Sess., No. 60, §1, eff. March 1, 1983; Acts 1985, No. 772, §2, eff. July 19, 1985; Acts 1986, No. 1056, §1, eff. Sept. 1, 1986; Acts 1995, No. 765, §1; Acts 1997, No. 1156, §7.
A. From federal funds, state funds, or funds made available from private or local sources for this purpose, the office of children and family services within the Department of Children and Family Services is hereby authorized to establish a family violence program, hereafter called the "Family Violence Prevention and Intervention Program", for the development of community-based shelters for victims of family violence. The Department of Children and Family Services shall establish such program within the office of children and family services which shall be the recipient of any funds made available for the program.
B. The office of children and family services shall establish standards for the expenditure of state funds made available from federal, private, or local sources and shall assure the availability of personnel, resources, and equipment necessary for the purpose of the Chapter.
Added by Acts 1979, No. 746, §1; Acts 1985, No. 772, §2, eff. July 19, 1985; Acts 2009, No. 409, §5, eff. July 1, 2009.
The office of community services shall develop and administer the program to do the following:
(1) Establish full-time, community-based, family-oriented shelters for the victims of family violence and their children.
(2) Increase, improve, and coordinate the delivery of comprehensive services to the victims of domestic or family violence.
(3) Provide the types of innovative approaches and methods in services designed to reduce the problems of domestic and family violence.
Added by Acts 1979, No. 746, §1; Acts 1985, No. 772, §2, eff. July 19, 1985; Acts 1997, No. 1156, §7; Acts 2009, No. 409, §5, eff. July 1, 2009.
A. The office of community services shall seek to establish a limited number of community-based shelters and family-oriented shelters for victims of family or domestic violence. Such shelters may be developed on a contract basis with public or private agencies.
B. When applicable, the office of community services shall contract with public or private agencies for the development of such shelters, and they shall choose such agencies from a list which shall be submitted as it provides.
C. Services of such community-based shelters shall include, but not be limited to the following:
(1) Around-the-clock day shelter which provides safe refuge and temporary lodging for victims of family violence and their children who are victims or potential victims. This shelter shall include a day program or drop-in center which can assist the victims of family violence who have not yet made the decision to leave their homes, or who have found other shelter but who have a need for the services provided at the centers.
(2) Emergency psychological support and counseling to the victims of marital violence and their children.
(3) Information and referral regarding reeducation, job counseling, training programs, employee and placement assistance, housing, emergency medical care, emergency legal assistance, and other available social services.
D. Any contract entered into under the provisions of this Chapter shall be in accordance with public contracts laws of this state.
Added by Acts 1979, No. 746, §1; Acts 1985, No. 772, §2, eff. July 19, 1985; Acts 1997, No. 1156, §7; Acts 2009, No. 409, §5, eff. July 1, 2009.
A. As used in this Section, the following terms shall have the following meanings:
(1) "Community shelter" means a community shelter or other program established in accordance with R.S. 46:2124.
(2) "Privileged communication" means a communication made to a representative or employee of a community shelter by a victim. It also means a communication not otherwise privileged made by a representative or employee of a community shelter to a victim in the course of rendering services authorized by R.S. 46:2124.
(3) "Victim" means a victim or potential victim of an act of family or domestic violence and his or her children.
B. Except as provided in Subsection D, no person shall be required to disclose, by way of testimony or otherwise, a privileged communication or to produce, under subpoena, any records, documentary evidence, opinions, or decisions relating to such privileged communication:
(1) In connection with any civil or criminal case or proceeding.
(2) By way of any discovery procedure.
C. The records relating to a privileged communication kept by a community shelter or other agency or department shall not be public records. Such records may be used for the compilation of statistical data if the identity of the victim or the contents of any privileged communication are not disclosed.
D. The prosecuting attorney or any person who is a party in a civil proceeding or who has been arrested or charged with a criminal offense may petition the court for an in-camera inspection of the records of a privileged communication concerning such person. The petition shall allege facts showing that such records would provide admissible evidence favorable to the person and, in criminal proceedings, are relevant to the issue of guilt or punishment and shall be verified. If the court determines that the person is entitled to all or any part of such records, it may order production and disclosure as it deems appropriate.
Acts 1988, No. 204, §1; Acts 1997, No. 1156, §7.
A. Both the program created hereunder and the shelters it prescribes shall be evaluated by the House and Senate committees on health and welfare at the end of the first fiscal year of the program and at the end of each subsequent fiscal year during which the program is continued. Such evaluation shall be designed to determine the effectiveness of the program in achieving its objectives.
B. A report of the evaluation shall be made to the legislature upon which recommendations for continued funding or termination of the program shall be based.
Added by Acts 1979, No. 746, §1; Acts 2018, No. 206, §5.
A. In addition to the fees collected for issuance of marriage licenses under the provisions of R.S. 13:841 or R.S. 40:40, each clerk of court or other person or agency authorized to collect marriage license fees shall collect a fee of twelve dollars and fifty cents upon the issuance of each marriage license. Each such person may deduct no more than five percent of the additional fees collected for administrative costs and shall remit the remaining amount of such additional fees to the state treasurer on a monthly basis, in accordance with rules and regulations of the state treasurer.
B. Subject to the exceptions contained in Article VII, Section 9(A) of the Louisiana Constitution of 1974, all such additional fees collected upon issuance of marriage licenses, except as specifically provided in Subsection A of this Section, shall be paid into the state treasury and shall be credited to the Bond Security and Redemption Fund. In addition, the treasurer shall keep an account of the amount of such fees paid into the state treasury from each parish. A copy of this account shall be transmitted to the office on a monthly basis.
C. REPEALED BY ACTS 1992, NO. 984, §18.
D. Revenue from the additional marriage license fees shall be a supplemental source of funding for the state family violence program and shall not be used to replace or to diminish the appropriation of funds out of the state general fund to the office for local family violence programs. Furthermore, nothing contained in this Part is intended to prohibit the appropriation of other funds out of the state general fund to the office for programs to prevent family violence or to prohibit local programs for victims of family violence from receiving funds or any other type of assistance from public or private sources.
Added by Acts 1983, 1st Ex. Sess., No. 60, §1, eff. March 1, 1983; Acts 1985, No. 772, §2, eff. July 19, 1985; Acts 1986, No. 1056, §1, eff. Sept. 1, 1986; Acts 1992, No. 984, §§13 and 18.
A.(1) The office of women's services is authorized to allocate monies to local family violence programs. Allocation of such monies shall be such that the maximum allowable amount of monies available for distribution during any fiscal year to local family violence programs serving any parish or parishes from the additional license fees shall be the amount of fees collected in that parish or parishes during that fiscal year.
(2) Monies generated by fees collected in a parish during any fiscal year which have not been distributed to local family violence programs for services to that parish during that fiscal year shall remain to the credit of that parish and shall be available for distribution to local family violence programs serving that parish.
B. The office of women's services shall:
(1) Establish minimum health, safety, and program standards for eligibility of local family violence programs to receive monies, in addition to those established in R.S. 46:2128.
(2) Receive applications from eligible local programs for such monies.
(3) Approve or reject each application within sixty days of receipt of the application.
(4) Distribute monies to the local programs within forty-five days after approval.
(5) Evaluate each local program annually for compliance with the minimum standards.
(6) Evaluate local programs on a competitive basis in order to distribute additional allocations authorized by Paragraph (A)(2) of this Section.
(7) Adopt rules and regulations necessary for the implementation of this Section. These rules and regulations shall be approved by the oversight subcommittee of the House Committee on Health and Welfare and Senate Committee on Health and Welfare, acting jointly or separately, prior to their implementation.
(8) Report annually to the House Committee on Health and Welfare and Senate Committee on Health and Welfare on the administration of the programs.
C. Prior to any allocation or distribution of monies as provided in Subsection A of this Section, the office may deduct no more than five percent of the amount appropriated from the fund for administrative costs.
Added by Acts 1983, 1st Ex. Sess., No. 60, §1, eff. March 1, 1983; Acts 1985, No. 772, §2, eff. July 19, 1985; Acts 1986, No. 1056, §1, eff. Sept. 1, 1986; Acts 1992, No. 984, §13; Acts 2018, No. 206, §5.
A. In order to receive monies, a program shall have the primary purpose of providing assistance to victims of family violence, be locally administered by a public or private nonprofit organization, and provide or demonstrate to the office that it can provide services that include but are not limited to the following:
(1) Counseling for victims or their spouses.
(2) Around-the-clock shelter which provides safe refuge and temporary lodging for victims of family violence and their minor, unmarried children, or referral to such a shelter.
(3) Support programs that assist victims of family violence in obtaining needed medical, legal, or other services and information.
(4) Educational programs relating to family violence in order to increase community awareness.
B. In addition, in order to receive monies, a local family violence program shall demonstrate that it has received or can expect to receive, funding equal to twenty percent of its anticipated cost of operation from the area served by the program. In-kind contributions, whether materials, commodities, transportation, office space, other types of facilities, personal services, or otherwise, may be evaluated and included as part of the required local funding.
Added by Acts 1983, 1st Ex. Sess., No. 60, §1, eff. March 1, 1983. Acts 1986, No. 1056, §1, eff. Sept. 1, 1986; Acts 1992, No. 984, §13.
The purpose of this Part is to recognize and address the complex legal and social problems created by domestic violence. The legislature finds that existing laws which regulate the dissolution of marriage do not adequately address problems of protecting and assisting the victims of domestic abuse. The legislature further finds that previous societal attitudes have been reflected in the policies and practices of law enforcement agencies and prosecutors which have resulted in different treatment of crimes occurring between family members, household members, or dating partners and those occurring between strangers. It is the intent of the legislature to provide a civil remedy for domestic violence which will afford the victim immediate and easily accessible protection. Furthermore, it is the intent of the legislature that the official response of law enforcement agencies to cases of domestic violence shall stress the enforcement of laws to protect the victim and shall communicate the attitude that violent behavior is not excused or tolerated.
Added by Acts 1982, No. 782, §2; Acts 2015, No. 85, §1.
As used in this Part:
(1) "Adult" means any person eighteen years of age or older, or any person under the age of eighteen who has been emancipated by marriage or otherwise.
(2) "Court" shall mean any court of competent jurisdiction in the state of Louisiana.
(3) "Domestic abuse" includes but is not limited to physical or sexual abuse and any offense against the person, physical or non-physical, as defined in the Criminal Code of Louisiana, except negligent injury and defamation, committed by one family member, household member, or dating partner against another. "Domestic abuse" also includes abuse of adults as defined in R.S. 15:1503 when committed by an adult child or adult grandchild.
(4) "Family members" means spouses, former spouses, parents and children, stepparents, stepchildren, foster parents, foster children, other ascendants, and other descendants. "Family member" also means the other parent or foster parent of any child or foster child of the offender. "Household members" means any person presently or formerly living in the same residence with the defendant and who is involved or has been involved in a sexual or intimate relationship with the defendant, or any child presently or formerly living in the same residence with the defendant, or any child of the defendant regardless of where the child resides. "Dating partner" means any person protected from violence under R.S. 46:2151. If a parent or grandparent is being abused by an adult child, adult foster child, or adult grandchild, the provisions of this Part shall apply to any proceeding brought in district court.
Added by Acts 1982, No. 782, §2. Acts 1986, No. 154, §1; Acts 1986, No. 459, §1, eff. July 2, 1986; Acts 1993, No. 402, §2; Acts 1997, No. 1156, §7; Acts 1999, No. 1200, §2; Acts 2001, No. 619, §1; Acts 2010, No. 861, §20; Acts 2015, No. 85, §1; Acts 2017, No. 79, §2; Acts 2020, No. 101, §2; Acts 2020, No. 246, §4.
A. Any court in the state of Louisiana which is empowered to hear family or juvenile matters shall have jurisdiction over proceedings appropriate to it under this Part.
B. Venue lies:
(1) In the parish where the marital domicile is located or where the household is located.
(2) In the parish where the defendant resides.
(3) In the parish where the abuse is alleged to have been committed.
(4) In the parish where the petitioner resides.
(5) In the parish where an action for annulment of marriage or for a divorce could be brought pursuant to Code of Civil Procedure Article 3941(A).
C. Notwithstanding the venue provisions of Subsection B of this Section, in a judicial district comprised of multiple parishes, if a court determines that it is in the interest of justice to afford the parties a more expeditious hearing than current docketing scheduling would permit, or to comply with the time provisions provided for by this Part, a judge or hearing officer may conduct a hearing in any parish within the judicial district.
D. An adult may seek relief under this Part by filing a petition with the court alleging abuse by the defendant. Any parent, adult household member, or district attorney may seek relief on behalf of any minor child or any person alleged to be incompetent by filing a petition with the court alleging abuse by the defendant. A petitioner's right to relief under this Part shall not be affected by leaving the residence or household to avoid further abuse.
Added by Acts 1982, No. 782, §2. Acts 1984, No. 80, §1; Acts 1986, No. 459, §1, eff. July 2, 1986; Acts 1991, No. 361, §1; Acts 1997, No. 1156, §7; Acts 2016, No. 119, §1.
A. A petition filed under the provisions of this Part shall contain the following:
(1) The name of each petitioner and each person on whose behalf the petition is filed, and the name, address, and parish of residence of each individual alleged to have committed abuse, if known; if the petition is being filed on behalf of a child or person alleged to be incompetent, the relationship between that person and the petitioner.
(2) The facts and circumstances concerning the alleged abuse.
(3) The relationship between each petitioner and each individual alleged to have committed abuse.
(4) A request for one or more protective orders.
(5) If desired, a request for a competent interpreter for a non-English-speaking principal party or witness to the proceeding.
B. The address and parish of each petitioner and each person on whose behalf the petition is filed may remain confidential with the court.
C. If the petition requests a protective order for a spouse and alleges that the other spouse has committed abuse, the petition shall state whether a suit for divorce is pending.
D. If the petition requests the issuance of an ex parte temporary restraining order, the petition shall contain a written affirmation signed and dated by each petitioner that the facts and circumstances contained in the petition are true and correct to the best knowledge, information, and belief of the petitioner, under penalty of perjury pursuant to R.S. 14:123. The affirmation shall be made before a witness who shall sign and print his name.
E. If a suit for divorce is pending, any application for a protective order shall be filed in that proceeding and shall be heard within the delays provided by this Part. Any decree issued in a divorce proceeding filed subsequent to a petition filed or an order issued pursuant to this Part may, in the discretion of the court hearing the divorce proceeding, supersede in whole or in part the orders issued pursuant to this Part. Such subsequent decree shall be forwarded by the rendering court to the court having jurisdiction of the petition for a protective order and shall be made a part of the record thereof. The findings and rulings made in connection with such protective orders shall not be res judicata in any subsequent proceeding.
F. A petitioner shall not be required to prepay or be cast with court costs or costs of service or subpoena for the filing of the petition or the issuance of a temporary restraining order or protective order pursuant to this Part, and the clerk of court shall immediately file and process the petition and temporary restraining order issued pursuant to this Part, regardless of the ability of the petitioner to pay court costs.
G. If the court orders the issuance of a temporary restraining order, the defendant may be cast for all costs.
Added by Acts 1982, No. 782, §2; Acts 1990, No. 361, §2, eff. Jan. 1, 1991; Acts 1997, No. 1156, §7; Acts 2001, No. 430, §2; Acts 2005, No. 191, §1; Acts 2019, No. 406, §2, eff. June 20, 2019; Acts 2021, No. 394, §3.
{{NOTE: SEE ACTS 1990, NO. 361, §5.}}
A. Upon good cause shown in an ex parte proceeding, the court may enter a temporary restraining order, without bond, as it deems necessary to protect from abuse the petitioner, any minor children, or any person alleged to be an incompetent. Any person who shows immediate and present danger of abuse shall constitute good cause for purposes of this Subsection. The court shall consider any and all past history of abuse, or threats thereof, in determining the existence of an immediate and present danger of abuse. There is no requirement that the abuse itself be recent, immediate, or present. The order may include but is not limited to the following:
(1) Directing the defendant to refrain from abusing, harassing, or interfering with the person or employment or going near the residence or place of employment of the petitioner, the minor children, or any person alleged to be incompetent, on whose behalf a petition was filed under this Part.
(2) Awarding to a party use and possession of specified jointly owned or leased property, such as an automobile.
(3) Granting possession to the petitioner of the residence or household to the exclusion of the defendant, by evicting the defendant or restoring possession to the petitioner where:
(a) The residence is jointly owned in equal proportion or leased by the defendant and the petitioner or the person on whose behalf the petition is brought;
(b) The residence is solely owned by the petitioner or the person on whose behalf the petition is brought; or
(c) The residence is solely leased by defendant and defendant has a duty to support the petitioner or the person on whose behalf the petition is brought.
(4) Prohibiting either party from the transferring, encumbering, or otherwise disposing of property mutually owned or leased by the parties, except when in the ordinary course of business, or for the necessary support of the party or the minor children.
(5) Awarding temporary custody of minor children or persons alleged to be incompetent.
(6) Awarding or restoring possession to the petitioner of all separate property and all personal property, including but not limited to telephones or other communication equipment, computers, medications, clothing, toiletries, social security cards, birth certificates or other forms of identification, tools of the trade, checkbooks, keys, automobiles, photographs, jewelry, or any other items or personal effects of the petitioner and restraining the defendant from transferring, encumbering, concealing, or disposing of the personal or separate property of the petitioner.
(7) Granting to the petitioner the exclusive care, possession, or control of any pets belonging to or under the care of the petitioner or minor children residing in the residence or household of either party, and directing the defendant to refrain from harassing, interfering with, abusing or injuring any pet, without legal justification, known to be owned, possessed, leased, kept, or held by either party or a minor child residing in the residence or household of either party.
B. If a temporary restraining order is granted without notice, the matter shall be set within twenty-one days for a rule to show cause why the protective order should not be issued, at which time the petitioner must prove the allegations of abuse by a preponderance of the evidence. The defendant shall be given notice of the temporary restraining order and the hearing on the rule to show cause by service of process as required by law within twenty-four hours of the issuance of the order.
C. During the existence of the temporary restraining order, a party shall have the right to return to the family residence once to recover his or her personal clothing and necessities, provided that the party is accompanied by a law enforcement officer to ensure the protection and safety of the parties.
D. If no temporary restraining order has been granted, the court shall issue a rule to show cause why the protective order should not be issued, and set the rule for hearing on the earliest day that the business of the court will permit, but in any case within ten days from the date of service of the petition, at which time the petitioner must prove the allegations of abuse by a preponderance of the evidence. The defendant shall be given notice by service of process as required by law.
E. If the hearing pursuant to Subsection B or D of this Section is continued, the court shall make or extend such temporary restraining orders as it deems necessary. Any continuance of a hearing ordered pursuant to Subsection B or D of this Section shall not exceed fifteen days, unless good cause is shown for further continuance.
F. The court may, in its discretion, grant an emergency temporary restraining order outside regular court hours.
G. Immediately upon entering a temporary restraining order, the judge shall cause to have prepared a Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2(C), shall sign such order, and shall immediately forward it to the clerk of court for filing on the day that the order is issued.
H. The clerk of the issuing court shall transmit the Uniform Abuse Prevention Order to the judicial administrator's office, Louisiana Supreme Court, for entry into the Louisiana Protective Order Registry, as provided in R.S. 46:2136.2(A), by facsimile transmission or direct electronic input as expeditiously as possible, but no later than the end of the next business day after the order is filed with the clerk of court. The clerk of the issuing court shall also send a copy of the Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2(C), or any modification thereof, to the chief law enforcement officer of the parish where the person or persons protected by the order reside by facsimile transmission or direct electronic input as expeditiously as possible, but no later than the end of the next business day after the order is filed with the clerk of court. A copy of the Uniform Abuse Prevention Order shall be reviewed by the law enforcement agency and shall be retained on file in the office of the chief law enforcement officer until otherwise directed by the court.
I. The initial rule to show cause hearing required pursuant to Subsection B or D may be conducted by a hearing officer who is qualified and selected in the same manner provided in R.S. 46:236.5(C). The hearing officer shall be subject to the applicable limitations and shall follow the applicable procedures provided in R.S. 46:236.5(C). The hearing officer shall make recommendations to the court as to the action that should be taken in the matter.
J. Upon filing a petition for a temporary restraining order, regardless of whether the court grants the temporary restraining order, the clerk of court shall notify the petitioner of his right to initiate criminal proceedings and shall inform the petitioner that the granting of a temporary restraining order pursuant to the provisions of this Section does not automatically file criminal charges against the defendant.
Added by Acts 1982, No. 782, §2; Acts 1983, No. 406, §1; Acts 1983, No. 407, §1; Acts 1984, No. 77, §1; Acts 1997, No. 1156, §7; Acts 1999, No. 1200, §2; Acts 1999, No. 1336, §1; Acts 2003, No. 750, §6; Acts 2006, No. 777, §2; Acts 2008, No. 411, §1, eff. June 21, 2008; Acts 2009, No. 427, §1; Acts 2014, No. 317, §3; Acts 2015, No. 85, §1; Acts 2018, No. 206, §5; Acts 2019, No. 417, §1.
A. The court may grant any protective order or approve any consent agreement to bring about a cessation of domestic abuse as defined in R.S. 46:2132, or the threat or danger thereof, to a party, any minor children, or any person alleged to be incompetent, which relief may include but is not limited to:
(1) Granting the relief enumerated in R.S. 46:2135.
(2) Where there is a duty to support a party, any minor children, or any person alleged to be incompetent living in the residence or household, ordering payment of temporary support or provision of suitable housing for them, or granting possession to the petitioner of the residence or household to the exclusion of the defendant, by evicting the defendant or restoring possession to the petitioner where the residence is solely owned by the defendant and the petitioner has been awarded the temporary custody of the minor children born of the parties.
(3) Awarding temporary custody of or establishing temporary visitation rights and conditions with regard to any minor children or person alleged to be incompetent.
(4)(a) Ordering either a medical or mental health evaluation or both of the perpetrator to be conducted by an independent court-appointed evaluator who qualifies as an expert in the field of domestic abuse. The evaluation shall be conducted by a person who has no family, financial, or prior medical or mental health relationship with the perpetrator or his attorney of record.
(b) After a medical or mental health evaluation has been completed and a report issued, the court may order counseling or other medical or mental health treatment as deemed appropriate.
B. A protective order may be rendered pursuant to this Part if the court has jurisdiction over the parties and subject matter and either of the following occurs:
(1) The parties enter into a consent agreement.
(2) Reasonable notice and opportunity to be heard is given to the person against whom the order is sought sufficient to protect that person's right to due process.
C. Any protective order issued within this state or outside this state that is consistent with Subsection B of this Section shall be accorded full faith and credit by the courts of this state and enforced as if it were the order of the enforcing court.
D.(1) On the motion of any party, the court, after notice to the other parties and a hearing, may modify a prior order to exclude any item included in the prior order, or to include any item that could have been included in the prior order.
(2) On the motion of any party, after a hearing, the court may modify the effective period of a protective order pursuant to Paragraph (F)(2) of this Section.
E. A protective order made under this Part shall be served on the person to whom the order applies in open court at the close of the hearing, or in the same manner as a writ of injunction.
F.(1) Except as provided in Paragraph (2) of this Subsection, any final protective order or approved consent agreement shall be for a fixed period of time, not to exceed eighteen months, and may be extended by the court, after a contradictory hearing, in its discretion. Such protective order or extension thereof shall be subject to a devolutive appeal only.
(2)(a) For any protective order granted by the court which directs the defendant to refrain from abusing, harassing, or interfering with the person as provided in R.S. 46:2135(A)(1), the court may grant the order to be effective for an indefinite period of time as provided by the provisions of this Paragraph on its own motion or by motion of the petitioner. The indefinite period shall be limited to the portion of the protective order which directs the defendant to refrain from abusing, harassing, or interfering with the person as provided in R.S. 46:2135(A)(1).
(b) The hearing for this motion shall be conducted concurrently with the hearing for the rule to show cause why the protective order should not be issued.
(c) Any motion to modify the indefinite effective period of the protective order as provided in Subparagraph (a) of this Paragraph may be granted only after a good faith effort has been made to provide reasonable notice of the hearing to the victim, the victim's designated agent, or the victim's counsel, and either of the following occur:
(i) The victim, the victim's designated agent, or the victim's counsel is present at the hearing or provides written waiver of such appearance.
(ii) After a good faith effort has been made to provide reasonable notice of the hearing, the victim could not be located.
G. Immediately upon granting a protective order or approving any consent agreement, the judge shall cause to have prepared a Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2(C), shall sign such order, and shall immediately forward it to the clerk of court for filing on the day that the order is issued.
H. The clerk of the issuing court shall transmit the Uniform Abuse Prevention Order to the judicial administrator's office, Louisiana Supreme Court, for entry into the Louisiana Protective Order Registry, as provided in R.S. 46:2136.2(A), by transmission or direct electronic input as expeditiously as possible, but no later than the end of the next calendar day after the order is filed with the clerk of court. The clerk of the issuing court shall also send a copy of the Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2(C), or any modification thereof, to the chief law enforcement officer of the parish where the person or persons protected by the order reside by transmission or direct electronic input as expeditiously as possible, but no later than the end of the next calendar day after the order is filed with the clerk of court. A copy of the Uniform Abuse Prevention Order shall be reviewed by the law enforcement agency and shall be retained on file in the office of the chief law enforcement officer until otherwise directed by the court.
I. At the proceeding, regardless of whether the court grants the protective order, the court shall notify the petitioner of his right to initiate criminal proceedings and shall inform the petitioner that the granting of a protective order pursuant to the provisions of this Section does not automatically file criminal charges against the defendant.
Added by Acts 1982, No. 782, §2; Acts 1994, 3rd Ex. Sess., No. 22, §2; Acts 1997, No. 1156, §7; Acts 1999, No. 1200, §2; Acts 2003, No. 750, §6; Acts 2008, No. 411, §1, eff. June 21, 2008; Acts 2012, No. 197, §2; Acts 2014, No. 317, §3; Acts 2015, No. 85, §1; Acts 2017, No. 381, §4, eff. June 23, 2017; Acts 2018, No. 206, §5; Acts 2018, No. 697, §1; Acts 2019, No. 417, §1; Acts 2023, No. 309, §1, eff. Aug. 1, 2024.
A. Except as provided in Subsection B of this Section, all court costs, attorney fees, costs of enforcement and modification proceedings, costs of appeal, evaluation fees, and expert witness fees incurred in maintaining or defending any proceeding concerning domestic abuse assistance in accordance with the provisions of this Part shall be paid by the perpetrator of the domestic violence, including all costs of medical and psychological care for the abused adult, or for any of the children, necessitated by the domestic violence.
B. If the court determines the petition was frivolous, the court may order the nonprevailing party to pay all court costs and reasonable attorney fees of the other party. Failure to appear at a hearing on the petition shall not on its own constitute grounds for assessing court costs and fees against the petitioner.
Acts 1997, No. 1156, §7; Acts 2006, No. 777, §2; Acts 2008, No. 411, §1, eff. June 21, 2008; Acts 2018, No. 264, §4; Acts 2022, No. 416, §2, eff. June 15, 2022.
A. In order to provide a statewide registry for abuse prevention orders to protect victims and witnesses; to prevent domestic abuse, dating violence, stalking, sexual assault, and crimes of violence; and to aid law enforcement, prosecutors, and the courts in handling such matters, there shall be created a Louisiana Protective Order Registry administered by the judicial administrator's office, Louisiana Supreme Court. The judicial administrator's office shall collect the data transmitted to it from the courts, law enforcement, and private process servers of the state and enter it into the Louisiana Protective Order Registry as expeditiously as possible.
B. The Louisiana Protective Order Registry encompasses temporary restraining orders, protective orders, preliminary injunctions, permanent injunctions, and court-approved consent agreements resulting from actions brought pursuant to R.S. 46:2131 et seq., 2151, 2171 et seq., or 2181 et seq.; R.S. 9:361 et seq. or 372; Children's Code Article 1564 et seq.; or Code of Civil Procedure Article 3607.1, or peace bonds pursuant to Code of Criminal Procedure Article 30(B), or as part of the disposition, sentence, bail condition, or other issue ancillary to a criminal matter pursuant to R.S. 46:1846, Code of Criminal Procedure Article 320 or 871.1, or any other lawfully issued Uniform Abuse Prevention Order.
C. The courts of this state shall use a uniform form for the issuance of any protective or restraining order, which form shall be developed, approved, and distributed by the judicial administrator's office, shall be titled the "Uniform Abuse Prevention Order".
D. The clerk of the issuing court shall immediately send a copy of the order or any modification thereof to the Louisiana Protective Order Registry and to the chief law enforcement officer of the parish in which the person or persons protected by the order reside as expeditiously as possible but no later than the end of the next calendar day after the order is filed with the clerk of court. Transmittal of the Uniform Abuse Prevention Order shall be made by transmission or direct electronic input as expeditiously as possible, but no later than the end of the next calendar day after the order is filed with the clerk of court.
E. Upon formation, the registry shall immediately implement a daily process of expungement of records and names of the parties in all cases where either a temporary restraining order expires without conversion to an injunction or, after an evidentiary hearing, it is determined that a protective order is not warranted.
NOTE: Subsection F eff. until Oct. 1, 2027. See Acts 2025, No. 477.
F. The judicial administrator's office shall make the Louisiana Protective Order Registry available to state and local law enforcement agencies, district attorney offices, the Department of Children and Family Services, office of children and family services, child support enforcement section, the Louisiana Department of Health, bureau of protective services, the office of elderly affairs, elderly protective services, the office of the attorney general, and the courts.
NOTE: Subsection F as amended by Acts 2025, No. 477, eff. Oct. 1, 2027.
F. The judicial administrator's office shall make the Louisiana Protective Order Registry available to state and local law enforcement agencies; district attorney offices; the Department of Children and Family Services, office of child support; the Louisiana Department of Health; bureau of protective services; the office of elderly affairs; elderly protective services; the office of the attorney general; and the courts.
G. The judicial administrator's office shall develop policies and procedures that provide for immediate entry of protection orders received by the office to include those received the next calendar day. To avoid delays in entry, the office shall have the authority to authorize agencies to enter protective orders directly into the registry when certain conditions or criteria exist.
Acts 1997, No. 1156, §7; Acts 1999, No. 213, §1; Acts 2003, No. 750, §6; Acts 2004, No. 674, §1; Acts 2012, No. 255, §7; Acts 2014, No. 317, §3; Acts 2014, No. 318, §3; Acts 2014, No. 355, §2; Acts 2015, No. 242, §3; Acts 2018, No. 679, §3; Acts 2023, No. 309, §1, eff. Aug. 1, 2024; Acts 2024, No. 225, §1; Acts 2025, No. 477, §15, eff. Oct. 1, 2027.
A. Any person against whom the court has issued a permanent injunction or a protective order pursuant to a court-approved consent agreement or pursuant to the provisions of R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2136, 2151, or 2173, Children's Code Article 1570, Code of Civil Procedure Article 3607.1, or Code of Criminal Procedure Articles 30, 320, or 871.1 shall be prohibited from possessing a firearm or carrying a concealed weapon for the duration of the injunction or protective order if both of the following occur:
(1) The permanent injunction or protective order includes a finding that the person subject to the permanent injunction or protective order represents a credible threat to the physical safety of a family member, household member, or dating partner.
(2) The permanent injunction or protective order informs the person subject to the permanent injunction or protective order that the person is prohibited from possessing a firearm pursuant to the provisions of 18 U.S.C. 922(g)(8) and this Section.
B. For the provisions of this Section, "firearm" means any pistol, revolver, rifle, shotgun, machine gun, submachine gun, black powder weapon, or assault rifle which is designed to fire or is capable of firing fixed cartridge ammunition or from which a shot or projectile is discharged by an explosive.
C. Whoever violates the provisions of this Section shall be in violation of and subject to the penalties set forth in R.S. 14:79.
Acts 2014, No. 195, §2; Acts 2015, No. 440, §3; Acts 2017, No. 84, §3; Acts 2018, No. 367, §2, eff. Oct. 1, 2018.
Repealed by Acts 2018, No. 367, §4, eff. Oct. 1, 2018.
A. The clerk of court shall make forms available for making application for protective orders under this Part, provide clerical assistance to the petitioner when necessary, advise indigent applicants of the availability of filing in forma pauperis, provide the necessary forms, as supplied by the judicial administrator's office, Louisiana Supreme Court, and provide the services of a notary, where available, for completion of the affidavit required in R.S. 46:2134(D).
B. Domestic abuse advocates may provide clerical assistance to petitioners in making an application for a protective order in accordance with this Part.
C. For purposes of this Section, "domestic abuse advocate" means an employee or representative of a community based shelter providing services to victims of family violence or domestic abuse.
Acts 1983, No. 195, §1; Acts 1997, No. 1156, §7; Acts 2011, No. 234, §1.
The granting of any relief authorized under this Part shall not preclude any other relief authorized by law.
Added by Acts 1982, No. 782, §2.
A. If a law enforcement officer has reason to believe that a family or household member or dating partner has been abused and the abusing party is in violation of a temporary restraining order, a preliminary or permanent injunction, or a protective order issued pursuant to R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2131 et seq., R.S. 46:2151, R.S. 46:2171 et seq., Children's Code Article 1564 et seq., Code of Civil Procedure Articles 3604 and 3607.1, or Code of Criminal Procedure Articles 30, 327.1, 335.1, 335.2, and 871.1, the officer shall immediately arrest the abusing party.
B. If a law enforcement officer has reason to believe that a family or household member or dating partner has been abused, and the abusing party is not in violation of a restraining order, a preliminary or permanent injunction, or a protective order, the officer shall immediately use all reasonable means to prevent further abuse, including:
(1) Arresting the abusive party with a warrant or without a warrant pursuant to Code of Criminal Procedure Article 213, if probable cause exists to believe that a felony has been committed by that person, whether or not the offense occurred in the officer's presence.
(2) Arresting the abusive party in case of any misdemeanor crime which endangers the physical safety of the abused person whether or not the offense occurred in the presence of the officer. If there is no cause to believe there is impending danger, arresting the abusive party is at the officer's discretion.
(3) Assisting the abused person in obtaining medical treatment necessitated by the battery; arranging for, or providing, or assisting in the procurement of transportation for the abused person to a place of shelter or safety.
(4) Notifying the abused person of his right to initiate criminal or civil proceedings; the availability of the protective order, R.S. 46:2136; and the availability of community assistance for domestic violence victims.
C.(1) When a law enforcement officer receives conflicting accounts of domestic abuse or dating violence, the officer shall evaluate each account separately to determine if one party was the predominant aggressor.
(2) In determining if one party is the predominant aggressor, the law enforcement officer may consider any other relevant factors, but shall consider the following factors based upon his or her observation:
(a) Evidence from complainants and other witnesses.
(b) The extent of personal injuries received by each person.
(c) Whether a person acted in self-defense.
(d) An imminent threat of future injury to any of the parties.
(e) Prior complaints of domestic abuse or dating violence, if that history can be reasonably ascertained by the officer.
(f) The future welfare of any minors who are present at the scene.
(g) The existence of a temporary restraining order, a preliminary or permanent injunction, or a protective order issued pursuant to R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2131 et seq., R.S. 46:2151, R.S. 46:2171 et seq., Children's Code Article 1564 et seq., Code of Civil Procedure Articles 3604 and 3607.1, or Code of Criminal Procedure Articles 30, 327.1, 335.1, 335.2, and 871.1. The officer shall presume that the predominant aggressor is the person against whom the order was issued.
(3)(a) If the officer determines that one person was the predominant aggressor in a felony offense, the officer shall arrest that person. The arrest shall be subject to the laws governing arrest, including the need for probable cause as otherwise provided by law.
(b) If the officer determines that one person was the predominant aggressor in a misdemeanor offense, the officer shall arrest the predominant aggressor if there is reason to believe that there is impending danger or if the predominant aggressor is in violation of a temporary restraining order, a preliminary or permanent injunction, or a protective order issued pursuant to R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2131 et seq., R.S. 46:2151, R.S. 46:2171 et seq., Children's Code Article 1564 et seq., Code of Civil Procedure Articles 3604 and 3607.1, or Code of Criminal Procedure Articles 30, 327.1, 335.1, 335.2, and 871.1. If there is no threat of impending danger or no violation of a temporary restraining order, a preliminary or permanent injunction, or a protective order, the officer may arrest the predominant aggressor at the officer's discretion, whether or not the offense occurred in the presence of the officer. An arrest pursuant to the provisions of this Subparagraph shall be subject to the laws governing arrest, including the need for probable cause as otherwise provided by law. The exceptions provided for in this Section shall apply.
(4) As used in this Subsection:
(a) "Dating violence" has the meaning as defined in R.S. 46:2151(C).
(b) "Domestic abuse" has the meaning as defined in R.S. 46:2132(3).
Acts 1985, No. 442, §1, eff. July 12, 1985; Acts 2003, No. 750, §6; Acts 2004, No. 882, §1; Acts 2014, No. 317, §3; Acts 2015, No. 85, §1.
Whenever a law enforcement officer investigates an allegation of domestic abuse, whether or not an arrest is made, the officer shall make a written report of the alleged incident, including a statement of the complainant, and the disposition of the case.
Acts 1985, No. 442, §1, eff. July 12, 1985.
Any law enforcement officer reporting in good faith, exercising due care in the making of an arrest or providing assistance pursuant to the provisions of R.S. 46:2140 and 2141 shall have immunity from any civil liability that otherwise might be incurred or imposed because of the report, arrest, or assistance provided.
Acts 1985, No. 442, §1, eff. July 12, 1985.
A. When a court issues any peace bond, temporary restraining order, protective order, preliminary injunction, permanent injunction or court-approved consent agreements pursuant to R.S. 46:2131 et seq., R.S. 9:361 et seq., R.S. 9:372 et seq., Children's Code Article 1564 et seq., Code of Civil Procedure Article 3604, or as part of the disposition, sentence, or bail condition of a criminal matter pursuant to Code of Criminal Procedure Articles 327.1 or 871.1 for the purpose of preventing acts of domestic violence, the court may also order the domestic violence offender to participate in an electronic monitoring program. However, the use of electronic monitoring equipment shall be used only if the domestic abuse victim has consented to its use.
B. The court shall specify the terms of the electronic monitoring program, which shall include but is not limited to the following requirements:
(1) The device shall alert the domestic violence victim and the appropriate law enforcement agency when the domestic violence offender is within a certain distance of the protected person or protected premises, as ordered by the court. The court issuing the order shall be notified of the violation of the order by the local law enforcement agency within twenty-four hours.
(2) The device shall be worn at all times by the domestic violence offender.
(3) Equipment shall be installed or placed in the home of the offender to monitor the compliance of the offender.
(4) The offender shall be placed under the supervision of the Department of Public Safety and Corrections, or the court in misdemeanor cases, for the purposes of monitoring.
C. The cost of electronic monitoring shall be paid by the domestic violence offender.
D.(1)(a) Any court in the parishes of East Baton Rouge and Lafourche which has jurisdiction over the matters provided for in Subsection A of this Section shall be authorized to implement the provisions of this Section. No other court may do so, except as provided in Paragraph (2) of this Subsection.
(b)(i) Any court which exercises this authority shall maintain a record of the use of electronic monitoring devices, their effectiveness, any added costs that result, and any other information relevant to providing a basis for a determination of the value of the use of such devices and whether the authority to use such devices should be expanded to all courts with jurisdiction over the matters provided for in Subsection A of this Section.
(ii) All records required in Item (i) of this Subparagraph shall be submitted to the Judicial Council in a manner and at a time required by the council. The Judicial Council shall review all such records and study any recommendation submitted by the courts with the records and determine whether the authority to use such devices should be expanded to all courts with relevant jurisdiction for use in appropriate matters.
(2) At the conclusion of such study and upon a determination that the authority should be expanded, the pilot continued, or the authority revoked and the use discontinued, the Judicial Council shall advise all relevant courts. This determination shall provide the authority for the use or discontinuation of the use of such devices until the Judicial Council determines otherwise.
Acts 2003, No. 1024, §2.
A. The Domestic Violence Prevention Commission is hereby created within the Department of Children and Family Services.
B. The commission shall:
(1) Assist local and state leaders in developing and coordinating domestic violence programs.
(2) Conduct a continuing comprehensive review of all existing public and private domestic violence programs to identify gaps in prevention and intervention services and to increase coordination among public and private programs to strengthen prevention and intervention services.
(3) Make recommendations with respect to domestic violence prevention and intervention.
(4) Develop a state needs assessment and a comprehensive and integrated service delivery approach that meets the needs of all domestic violence victims.
(5) Establish a method to transition domestic violence service providers toward evidence-based national best practices focusing on outreach and prevention.
(6) Develop a plan that ensures state laws on domestic violence are properly implemented and provides training to law enforcement and the judiciary.
(7) Develop a framework to collect and integrate data and measure program outcomes.
C. The commission shall annually issue a report of its findings and recommendations to the governor, the speaker of the House of Representatives, and the president of the Senate. The commission shall issue its initial report on or before February 1, 2015, and no later than the first day of February each year thereafter. The report may include any recommendations for legislation that it deems necessary and appropriate. Legislation may be recommended by the commission only upon approval by a two-thirds vote of the commission members present.
Acts 2014, No. 663, §2.
A. The commission shall be composed of twenty members as follows:
(1) Eighteen of the commission members shall be the following:
(a) The executive director of the Louisiana Sheriffs' Association or his designee.
(b) The executive director of the Louisiana Coalition Against Domestic Violence or his designee.
(c) The executive director of the Louisiana District Attorneys Association or his designee.
(d) The executive director of the New Orleans Family Justice Center or his designee.
(e) The chair of the Louisiana Legislative Women's Caucus or her designee.
(f) The chairman of the House Committee on the Administration of Criminal Justice or his designee.
(g) The chairman of the Senate Committee on Judiciary B or his designee.
(h) One district court judge with experience in criminal law matters, selected by the president of the Louisiana District Court Judges Association.
(i) One district court judge with experience in family law matters, selected by the president of the Louisiana District Court Judges Association.
(j) The president of the Louisiana Clerks of Court Association or his designee.
(k) One representative of the Department of Justice, office of the attorney general or his designee.
(l) The executive director of the Louisiana Commission on Law Enforcement and Administration of Criminal Justice or his designee.
(m) The secretary of the Department of Children and Family Services or his designee.
(n) The secretary of the Louisiana Department of Health or his designee.
(o) One representative of the Louisiana Association of Criminal Defense Lawyers or his designee.
(p) One representative of the Bureau of Alcohol, Tobacco, Firearms and Explosives or his designee.
(q) The chief justice of the Louisiana Supreme Court or his designee.
(r) The president of the Louisiana Association of Chiefs of Police or his designee.
(2) The following two members of the commission shall be appointed by the governor:
(a) One attorney licensed to practice law in this state who has at least five years experience in representing victims of domestic violence who seek protective orders.
(b) The executive director of a shelter-based or direct service program provider for victims of domestic violence.
B. Of the commission members provided for in Subsection A of this Section, one shall be appointed by the commission members to serve as chairman and one shall be appointed by the commission members to serve as secretary.
C. Members of the commission shall serve for a term concurrent with that of the governor.
D.(1) Each voting member shall be entitled to appoint a single individual to serve as proxy for the duration of his term if the member is unable to attend a meeting of the commission. The term of the designated proxy shall be the same as the voting member. A member appointing an individual to serve as his designated proxy shall make his appointment known to the chairman and to the secretary of the commission.
(2) The proxy appointed by the voting member shall not be subject to the same nominating and appointment procedures as is required for the voting member for whom he is serving.
(3) An individual shall not serve as proxy pursuant to the provisions of this Subsection for more than one voting member of the commission.
E. Legislative members of the commission shall receive the same per diem and reimbursement of travel expenses as is provided for legislative committees under the rules of the respective house. Nonlegislative commission members shall serve without compensation or per diem.
Acts 2014, No. 663, §2.
A. The commission shall hold public meetings quarterly except as otherwise provided by vote of the commission or by order of the chairman.
B. A simple majority of the commission membership shall constitute a quorum for the transaction of business.
C. The commission may establish subcommittees within the commission and appoint members to those subcommittees, including persons outside of the commission membership, as it deems necessary and appropriate to accomplish its goals.
D. The Department of Children and Family Services shall provide to the commission such clerical, administrative, and technical assistance and support as may be necessary to enable the commission to accomplish its goals.
Acts 2014, No. 663, §2.
A. The state domestic violence coalition of Louisiana shall not take any action against a member of the coalition or domestic violence services provider that would adversely affect the member's or provider's ability to furnish shelter or supportive services to the victims of domestic abuse and their families in Louisiana unless all of the following conditions are satisfied:
(1) No less than thirty days prior to the disciplinary action being imposed, the state domestic violence coalition provided to the member or domestic violence services provider written notice containing a description of the proposed disciplinary action, the facts setting forth the basis for the proposed disciplinary action, and a statement that the member or provider has the right to request an appeal hearing before the state domestic violence coalition.
(2) If the member or domestic violence services provider requested an appeal hearing, the state domestic violence coalition gave the member or provider written notice of the scheduled appeal hearing and the opportunity to present arguments or evidence in support of the member's or provider's position.
B.(1) No later than forty-eight hours after any disciplinary action is taken by the coalition against any member of the coalition or domestic violence services provider, the state domestic violence coalition of Louisiana shall give written notice to the Department of Children and Family Services, the House and Senate committees on health and welfare, and the representative and senator for any district for which the member or provider renders services.
(2) The written notification required by this Section shall contain, at a minimum, a description of the disciplinary action and the facts setting forth the basis for the disciplinary action. However, the written notification and any other disclosure shall not contain any privileged communications or records and shall be communicated to the parties listed in Paragraph (1) of this Subsection in strict compliance with the provisions of R.S. 46:2124.1.
C. For the purposes of this Section, "shelter", "state domestic violence coalition", and "supportive services" have the same meaning assigned in 42 U.S.C. 10402.
Acts 2015, No. 328, §1.
A. A victim of a dating partner, as defined in Subsection B of this Section, shall be eligible to receive all services, benefits, and other forms of assistance provided by Chapter 28 of this Title.
B. For purposes of this Section, "dating partner" means any person who is involved or has been involved in a sexual or intimate relationship with the offender characterized by the expectation of affectionate involvement independent of financial considerations, regardless of whether the person presently lives or formerly lived in the same residence with the offender. "Dating partner" shall not include a casual relationship or ordinary association between persons in a business or social context.
C. For purposes of this Section, "dating violence" includes but is not limited to physical or sexual abuse and any offense against the person as defined in the Criminal Code of Louisiana, except negligent injury and defamation, committed by one dating partner against the other.
Acts 2001, No. 1180, §1; Acts 2003, No. 750, §6; Acts 2017, No. 84, §3.
A. With respect to children found to be victims of human trafficking, the Department of Children and Family Services, in conjunction with the Louisiana Department of Health, shall develop a plan for the delivery of services to victims of human trafficking. Such plan shall include provisions for:
(1) Identifying victims of human trafficking in Louisiana.
(2) Assisting victims of human trafficking with applying for federal and state benefits and services to which they may be entitled.
(3) Coordinating the delivery of health, mental health, housing, education, job training, child care, victims' compensation, legal, and other services to victims of human trafficking.
(4) Preparing and disseminating educational and training programs and materials to increase awareness of human trafficking and services available to victims of human trafficking among local departments of social services, public and private agencies and service providers, and the public.
(5) Referring child victims to the appropriate community-based services for victims of human trafficking.
(6) Assisting victims of human trafficking with family reunification or return to their place of origin, if the victims so desire.
B. In developing the plan, the departments shall work together with such other state and federal agencies, public and private entities, and other stakeholders as they deem appropriate.
C.(1) Each private entity that provides services to victims pursuant to the provisions of this Section shall submit to the governor's office of human trafficking prevention and to the Department of Children and Family Services an annual report on their operations including information on the services offered, geographic areas served, the number of persons served, and individual status updates on each person served. This information shall not include the name, address, or other identifying information of the person served. The governor's office of human trafficking prevention shall compile the data from all of the reports submitted pursuant to the provisions of this Subsection and shall provide this information to the legislature on or before the first day of February each year.
(2) Each statewide and local law enforcement entity that investigates cases of human trafficking or related sexual offenses and that provides services to victims pursuant to the provisions of this Section shall submit to the governor's office of human trafficking prevention and to the Department of Children and Family Services an annual report on their operations including information on type of investigation, outcome of the investigation, and any services offered to victims, and demographic information related to the case and services offered.
(3) Each district attorney who prosecutes cases of human trafficking or related sexual offenses or who provides services to victims pursuant to the provisions of this Section shall submit to the governor's office of human trafficking prevention and to the Department of Children and Family Services an annual report on their operations including the prosecuting agency's name, parish, disposition of case, statute under which the offense was prosecuted, sentencing date, restitution ordered, restitution paid, value of assets from civil asset forfeiture, and any services offered to victims.
Acts 2013, No. 429, §2, eff. June 24, 2013; Acts 2014, No. 564, §4; Acts 2021, No. 352, §2, eff. June 17, 2021; Acts 2023, No. 386, §2.
A. With respect to any person referred to the Department of Children and Family Services who is eighteen years of age or older and who is found to be a victim of human trafficking in which the trafficking activity included commercial sexual activity or any sexual conduct constituting a crime under the laws of this state, the department shall refer the person to the appropriate department, agency, or entity to provide the person with the following:
(1) Assistance in applying for federal and state benefits and services to which the victim may be entitled.
(2) Coordination of the delivery of health care, mental health care, housing, education, job training, child care, victims' compensation, legal, and other services available to victims of human or sex trafficking.
(3) Referral to the appropriate community-based services to the extent that such services are available.
(4) Assistance with family reunification or returning to the victim's place of origin, if the victim so desires.
B. In coordinating these services for the victim, the department shall work together with such other state and federal agencies, public and private entities, and other stakeholders as they deem appropriate.
C.(1) Each private entity that provides services to victims pursuant to the provisions of this Section shall submit to the governor's office of human trafficking prevention and to the Department of Children and Family Services an annual report on their operations including information on the services offered, training or certifications received specific to human trafficking, geographic areas served, the number of persons served, and individual status updates on each person served. This information shall not include the name, address, or other identifying information of the person served. The governor's office of human trafficking prevention shall compile the data from all of the reports submitted pursuant to the provisions of this Subsection and shall provide this information to the legislature on or before the first day of February each year.
(2) Each statewide and local law enforcement entity that investigates cases of human trafficking or related sexual offenses and that provides services to victims pursuant to the provisions of this Section shall submit to the governor's office of human trafficking prevention and to the Department of Children and Family Services an annual report on their operations including information on the type of investigation, outcome of the investigation, and any services offered to victims, and demographic information related to the case and services offered.
(3) Each district attorney who prosecutes cases of human trafficking or related sexual offenses or who provides services to victims pursuant to the provisions of this Section shall submit to the governor's office of human trafficking prevention and to the Department of Children and Family Services an annual report on their operations including the prosecuting agency's name, parish, disposition of case, statute under which the offense was prosecuted, sentencing date, restitution ordered, restitution paid, value of assets from civil asset forfeiture, and any services offered to victims.
Acts 2014, No. 564, §4; Acts 2021, No. 352, §2, eff. June 17, 2021; Acts 2023, No. 386, §2.
A. Classification of victims of human trafficking. As soon as practicable after the initial encounter with a person who reasonably appears to a law enforcement agency, a district attorney's office, or the office of the attorney general to be a victim of human trafficking, such agency or office shall:
(1) Notify the Louisiana Victim Outreach of the Department of Public Safety and Corrections that such person may be eligible for services under this Chapter.
(2) Make a preliminary assessment of whether such victim or possible victim of human trafficking appears to meet the criteria for certification as a victim of a severe form of trafficking as defined in the federal Trafficking Victims Protection Act (22 U.S.C. 7101 et seq.) or appears to be otherwise eligible for any federal, state, or local benefits and services.
(a) If it is determined that the victim or possible victim appears to meet such criteria, then the agency or office shall report the finding to the victim and shall refer the child victim to appropriate services available, including legal services providers.
(b) If the victim or possible victim is under the age of eighteen or is an adult in need of protective services pursuant to the provisions of the Adult Protective Services Act, the agency or office shall also notify the appropriate protective service agency.
B. Law enforcement assistance with respect to immigration.
(1) After the agency or office makes a preliminary assessment pursuant to Paragraph (A)(2) of this Section that a victim or possible victim of human trafficking appears to meet the criteria for certification as a victim of a severe form of trafficking as defined in the federal Trafficking Victims Protection Act, and upon the request of such victim, the agency or office shall provide the victim or possible victim of human trafficking with a completed and executed United States Citizenship and Immigration Services (USCIS) Form I-914, Supplement B, Declaration of Law Enforcement Officer for Victim of Human Trafficking in Persons, or a USCIS Form I-918, Supplement B, U Nonimmigrant Status Certification, or both. These forms shall be completed by the certifying officer in accordance with the forms' instructions and applicable rules and regulations.
(2) The victim or possible victim of human trafficking may choose which form to have the certifying officer complete.
Acts 2013, No. 429, §2, eff. June 24, 2013; Acts 2024, No 576, §2.
An individual who is a victim of human trafficking shall have a civil cause of action in district court for injunctive relief and to recover actual damages, compensatory damages, punitive damages, and for any other appropriate relief. A prevailing plaintiff shall also be awarded court costs and attorney fees. Treble damages shall be awarded on proof of actual damages where the defendant's actions were willful and malicious.
Acts 2013, No. 429, §2, eff. June 24, 2013.
A. The Louisiana Human Trafficking Prevention Commission is hereby created within the office of the governor and placed within the office of human trafficking prevention.
B. The commission shall do the following:
(1) Assist state and local leaders in developing and coordinating human trafficking prevention programs.
(2) Conduct a continuing comprehensive review of all existing public and private human trafficking victim assistance programs to identify gaps in prevention and intervention services.
(3) Increase coordination among public and private programs to strengthen prevention and intervention services.
(4) Make recommendations with respect to human trafficking prevention and intervention.
(5) Develop a state needs assessment and a comprehensive and integrated service delivery approach that meets the needs of all human trafficking victims.
(6) Establish a method to transition human trafficking victim assistance service providers toward evidence-based national best practices focusing on outreach and prevention.
(7) Develop a plan that ensures that Louisiana laws on human trafficking are properly implemented and provide training to law enforcement, the judiciary, and service providers.
(8) Review the statutory response to human trafficking, analyze the impact and effectiveness of strategies contained in Louisiana law, and make recommendations on legislation to further anti-trafficking efforts.
(9) Develop mechanisms to promote public awareness of human trafficking, including promotion of the national twenty-four-hour toll-free hotline telephone service on human trafficking.
(10) Promote training courses and other educational materials for use by persons required to undergo training on the handling of, and response procedures for, suspected human trafficking activities.
(11) Develop a framework to collect and integrate data and measure program outcomes.
(12) Receive reports and recommendations from the Human Trafficking Prevention Commission Advisory Board.
(13) Do all other things reasonably necessary to accomplish the purposes for which the commission is created.
C. In order to carry out its purposes and functions, the commission may request data and assistance from state departments and agencies. When the commission requests a state department or agency to provide needed data or assistance, the department or agency shall give priority to the request and shall provide the data or assistance as requested. The commission shall maintain the confidentiality of any information or records provided to it by state departments and agencies, as required by laws relative to such information and records.
D. The commission shall annually issue a report of its findings and recommendations to the governor, the speaker of the House of Representatives, and the president of the Senate. The commission shall issue its initial report on or before February 1, 2018, and shall issue annual reports no later than the first day of February each year thereafter. The report may include any recommendations for legislation that the commission deems necessary and appropriate. Legislation may be recommended by the commission only upon approval by a two-thirds vote of the commission members present.
Acts 2017, No. 181, §1, eff. June 12, 2017; Acts 2021, No. 352, §2, eff. June 17, 2021.
A. The commission shall be composed of the following members:
(1) The president of the Louisiana Senate or his designee.
(2) The speaker of the Louisiana House of Representatives or his designee.
(3) The attorney general of the state of Louisiana or his designee.
(4) The secretary of Louisiana Works or his designee.
(5) The state superintendent of education or his designee.
(6) The deputy secretary of the office of juvenile justice of the Department of Public Safety and Corrections or his designee.
(7) The secretary of the Department of Children and Family Services or his designee.
(8) The secretary of the Louisiana Department of Health or his designee.
(9) The secretary of the Department of Public Safety and Corrections or his designee.
(10) The superintendent of the Louisiana State Police or his designee.
(11) The president of the Louisiana Association of Chiefs of Police or his designee.
(12) The executive director of the Louisiana Sheriffs' Association or his designee.
(13) The chief justice of the Louisiana Supreme Court or his designee.
(14) A representative of the Human Trafficking Prevention Commission Advisory Board selected by its members.
(15) The executive director of the Louisiana Commission on Law Enforcement and Administration of Criminal Justice.
(16) The state public defender or his designee.
(17) The executive director of the Louisiana District Attorneys Association or his designee.
(18) The executive director of the governor's office of human trafficking prevention.
B. At the first meeting, the members of the commission shall elect from their membership a chairman and a secretary and such other offices as the commission may deem advisable. The president of the Senate or his designee shall preside over the commission until a chairman is elected by the commission.
C. Each member of the commission shall serve for a term concurrent with that of the governor.
D.(1) Each member shall be entitled to designate a single individual as his proxy for the duration of the member's term to serve on any occasion that the member is unable to attend a meeting of the commission. The term of the designated proxy shall be the same as that of the member. A member appointing a designated proxy shall make his appointment known to the chairperson and to the secretary of the commission.
(2) The proxy appointed by a member shall not be subject to the same nominating and appointment procedures that are required for the member for whom he is serving.
(3) No individual shall serve as proxy pursuant to the provisions of this Subsection for more than one member of the commission.
E. Legislative members of the commission shall receive the same per diem and reimbursement of travel expenses as is provided for legislative committees under the rules of the respective houses in which they serve. Nonlegislative commission members shall serve without compensation or per diem.
Acts 2017, No. 181, §1, eff. June 12, 2017; Acts 2021, No. 352, §2, eff. June 17, 2021.
A. The commission shall hold public meetings quarterly except as otherwise provided by vote of the commission or by order of the chairperson. The governor shall call the first meeting by August 1, 2017.
B. A simple majority of the commission membership shall constitute a quorum for the transaction of business.
C. The commission may establish subcommittees within the commission and appoint members to those subcommittees, including persons outside of the commission membership, as it deems necessary and appropriate to accomplish its goals.
D. The office of human trafficking prevention within the office of the governor shall provide to the commission such clerical, administrative, and technical assistance and support as may be necessary to enable the commission to accomplish its goals.
Acts 2017, No. 181, §1, eff. June 12, 2017; Acts 2021, No. 352, §2, eff. June 17, 2021.
A. The Human Trafficking Prevention Commission Advisory Board, hereinafter referred to as "advisory board", is hereby created. The purpose of the advisory board shall be to provide information and recommendations from the perspective of advocacy groups, service providers, and victims. Primary responsibilities of the Human Trafficking Prevention Commission Advisory Board are the following:
(1) To ensure information sharing between governmental and nongovernmental entities serving victims of human trafficking.
(2) To make recommendations to the Human Trafficking Prevention Commission as requested by the commission.
(3) To make recommendations to the Human Trafficking Prevention Commission as determined to be necessary by the advisory board.
(4) To make recommendations by August thirty-first of each year to the Human Trafficking Prevention Commission as to the budget priorities for the coming year.
(5) To make recommendations by November thirtieth of each year to the Human Trafficking Prevention Commission as to specific budget items to be supported in the Children's Budget.
(6) To make an annual report by January thirty-first of each year to the legislature, Senate Committee on Health and Welfare, the House Committee on Health and Welfare, Select Committee on Women and Children, and any other legislative committee requesting a copy of the annual report, which shall summarize the well-being of Louisiana's children, the accomplishments of the past year, and specific goals and priorities for the next fiscal year.
B. The advisory board shall be composed of the following members appointed by the governor:
(1) A public defender nominated by the Louisiana Public Defender Board or its designee.
(2) A member nominated by the Louisiana District Attorneys Association.
(3) A member nominated by the Louisiana Association of Juvenile and Family Court Judges.
(4) A member nominated by the Louisiana Chapter, American College of Emergency Physicians.
(5) A member nominated by the Louisiana Chapter, National Association of Social Workers.
(6) An individual with expertise in advocacy for adult victims of human trafficking.
(7) The executive director of a residential program for victims of human trafficking.
(8) The executive director of a direct service program for victims of human trafficking.
(9) An individual with expertise in advocacy for child victims of human trafficking, nominated by the executive director of the Children's Cabinet or his designee.
(10) At least two individuals who are adult survivors of human trafficking, nominated by nonprofit organizations serving victims.
(11) A member nominated by Prevent Child Abuse Louisiana.
(12) A member nominated by the Juvenile Justice and Delinquency Prevention Advisory Board.
(13) A member nominated by the Louisiana Families In Need of Services Association.
(14) A member nominated by LouisianaChildren.org.
(15) A member nominated by the Louisiana Association of Nonprofit Organizations.
(16) A member with experience related to exploitation, nominated by the Louisiana Council of Child and Adolescent Psychiatry or its designee.
(17) A member nominated by the Louisiana School Counselors Association.
(18) A member nominated by the Louisiana Association of Children and Family Agencies.
(19) A member nominated by Louisiana Children's Advocacy Centers.
(20) A licensed psychologist with experience related to exploitation, nominated by the Louisiana State Board of Examiners of Psychologists.
(21) A member nominated by the Foundation Against Sexual Assault.
(22) A member nominated by the Louisiana Chapter of the American Academy of Pediatrics or its designee.
C. Each member shall serve for a term concurrent with that of the governor. All members shall serve without compensation.
D. The advisory board shall be invited to all commission meetings and may participate in its discussions but shall have no vote on any matter brought before the commission.
E. The advisory board shall elect as officers a chairperson, vice chairperson, and secretary from its membership and shall meet as needed. The advisory board shall create its own bylaws. Unless the bylaws provide for a greater quorum requirement, the presence in person or by proxy of one-third of the members who have been appointed by the governor shall constitute a quorum at the meetings of the advisory board.
F. The advisory board may appoint from time to time, to serve at its pleasure, additional members to serve on matters about which such additional members have expertise or experience. In the consideration of those matters for which an additional member is appointed, he shall have the same powers and duties during the period of his service as are enjoyed by the membership provided by Subsection B of this Section.
Acts 2017, No. 181, §1, eff. June 12, 2017.
A. The Human Trafficking in Emergency Departments Task Force is hereby created within the office of human trafficking prevention.
B. The task force shall draft a uniform protocol for human trafficking which shall include information about signs of human trafficking and appropriate response. The task force shall conduct an assessment of hospital emergency department knowledge of the signs of human trafficking including but not limited to the red dot process to silently signal to hospital personnel that a survivor of human trafficking requests to receive care and protection.
C. The task force shall be composed of the following members:
(1) The chair of the House Committee on Health and Welfare or his designee.
(2) The executive director of the office of human trafficking prevention or his designee.
(3) The chair of the Louisiana Human Trafficking Prevention Commission or his designee.
(4) The co-chair of the Louisiana Human Trafficking Prevention Commission or his designee.
(5) The chair of the Human Trafficking Prevention Commission Advisory Board or his designee.
(6) The co-chair of the Human Trafficking Prevention Commission Advisory Board or his designee.
(7) The secretary of the Louisiana Department of Health or his designee.
(8) The secretary of the Department of Children and Family Services or his designee.
(9) The executive director of the Louisiana State Board of Nursing or his designee.
(10) The president of the Louisiana State Coroner's Association or his designee.
(11) A sexual assault nurse examiner selected by the Louisiana Hospital Association.
(12) A sexual assault nurse examiner selected by the Louisiana State Coroner's Association.
(13) The chair of the Senate Committee on Health and Welfare or his designee.
(14) The president of the Louisiana Hospital Association or his designee.
(15) An emergency medicine physician selected by the president of the Louisiana State Medical Society.
D. The chair of the House Committee on Health and Welfare or his designee shall serve as the chair of the board.
E. The provisions of this Section shall terminate on January 1, 2027.
Acts 2025, No. 267, §2.
A. The office of human trafficking prevention is hereby created within the office of the governor for the purpose of coordinating resources of public and private entities that develop, manage, operate, and support services and programs for human trafficking victims. The office shall exercise the powers and duties provided in this Part or otherwise provided by law.
B. The office shall be administered by an executive director who shall be appointed by the governor, subject to confirmation by the Senate, to serve at his pleasure.
C. The executive director shall employ necessary staff to carry out the duties and functions of the office as provided in this Part or as otherwise provided by law.
Acts 2021, No. 352, §2, eff. June 17, 2021.
The office shall have the following powers and duties:
(1) To collect all relevant information including facts and statistics related to human trafficking.
(2) To conduct studies of human trafficking activity in Louisiana.
(3) To identify and make available to state agencies and other stakeholders the information on the best practices related to human trafficking activities and the prevention thereof in Louisiana and throughout the nation.
(4) To develop and implement a comprehensive strategic plan to prevent human trafficking and address the needs of human trafficking victims, which shall be provided to the legislature, the Department of Children and Family Services, and any entity required to submit a report under the provisions of R.S. 46:2161(C) and Children's Code Article 725.2(B) by February 1, 2022.
(5) To assist state agencies in reducing duplication of effort in the prevention of human trafficking and the provision of services to human trafficking victims.
(6) To monitor availability of funds from federal and other sources for financing the provision of services to and programs for human trafficking victims and seek funding where appropriate.
(7) To assist state departments and agencies and other stakeholders in drafting plans to maximize the impact of the use of funds identified in Paragraph (6) of this Section.
(8) To maintain a current list of public and private stakeholders providing services to and programs for human trafficking victims.
(9) To monitor and evaluate the effectiveness and efficiency of programs that provide services to and programs for human trafficking victims, and annually report its findings and recommendations to the legislature, the Department of Children and Family Services, and any entity required to submit a report under the provisions of R.S. 46:2161(C) and Children's Code Article 725.2(B).
(10) To provide the leadership and clerical, administrative, and technical assistance and support necessary for the Louisiana Human Trafficking Prevention Commission and the Human Trafficking Prevention Commission Advisory Board to fulfill their duties.
(11) To create and submit reports as required by law.
(12) To compile and submit data to the legislature as provided by law.
(13) To perform all functions reasonably necessary to accomplish the purposes for which the office is created.
Acts 2021, No. 352, §2, eff. June 17, 2021; Acts 2022, No. 271, §5.
The legislature hereby finds and declares that there is a present and growing need to develop innovative strategies and services which will reduce and treat the trauma of stranger and acquaintance stalking. The nature of stalking allegations are sometimes not easily substantiated to meet the prosecution's burden of proving the case beyond a reasonable doubt, and victims of stalking are left without protection. Orders of protection are a proven deterrent that can protect victims of stalking from further victimization; however, many victims are forced to pursue civil orders of protection through ordinary process, often unrepresented, rather than through a shortened, summary proceeding. Additionally, victims of stalking are not always aware of the vast resources available to assist them in recovering from the trauma associated with being a victim of stalking. It is the intent of the legislature to provide a civil remedy for victims of stalking that will afford the victim immediate and easily accessible protection.
Acts 2014, No. 355, §2.
Any district court in the state of Louisiana which is empowered to hear civil matters shall have jurisdiction over proceedings appropriate to it under this Chapter.
Acts 2014, No. 355, §2.
As used in this Chapter, "stalking" means any act that would constitute the crime of stalking under R.S. 14:40.2 or cyberstalking under R.S. 14:40.3.
Acts 2014, No. 355, §2.
A victim of stalking by a perpetrator who is a stranger to or acquaintance of the victim shall be eligible to receive all services, benefits, and other forms of assistance provided by Chapter 28 of this Title, provided the services, benefits, and other forms of assistance are applicable based on the status of the relationship between the victim and perpetrator.
Acts 2014, No. 355, §2.
A person who is engaged in any office, center, or institution referred to as a rape crisis center or battered women's shelter, who has undergone at least forty hours of training and who is engaged in rendering advice, counseling, or assistance to victims may provide the assistance provided for in R.S. 46:2138 to a victim of stalking.
Acts 2014, No. 355, §2.
A. The legislature hereby finds and declares that sexual assault is a major public health problem and a violation of human rights that affects many women and men at some time in their lives. These effects range from threats of violence or actual violence to the daily limitations that the fear of violence places on victims' lives. The ripple effect of sexual assault threatens the peace, order, health, safety, and general welfare of the state and its residents.
B. According to the Centers for Disease Control and Prevention, approximately one in five women and one in seventy-one men have experienced rape in their lifetime. Rape is recognized as the most under-reported crime, and victims of rape and other forms of sexual assault who do not report the crime still desire safety and protection from future interactions with the offender. Additionally, in some cases the rape or other sexual assault is reported but not prosecuted, as the nature of such allegations are sometimes not easily substantiated to meet the prosecution's burden of proving guilt beyond a reasonable doubt. In such cases, the victims of sexual assault are left without protection.
C. Orders of protection are a proven deterrent that can protect victims of sexual assault from further victimization. However, many victims are forced to pursue civil orders of protection through ordinary process, often unrepresented, rather than through a shortened summary proceeding. Additionally, victims of sexual assault are not always aware of the vast resources available to assist them in recovering from the trauma associated with being a victim of sexual assault.
D. It is the intent of the legislature to provide a civil remedy for all victims of sexual assault that will afford the victim immediate and easily accessible protection.
Acts 2015, No. 242, §3.
This Chapter shall be known and may be cited as the "Protection for Victims of Sexual Assault Act".
Acts 2015, No. 242, §3.
A. A victim of sexual assault as defined by R.S. 46:2184, perpetrated by a person who is either unknown to the victim or who is an acquaintance of the victim, shall be eligible to receive all services, benefits, and other forms of assistance provided by Chapter 28 of this Title.
B. For persons who are eligible, under the provisions of this Chapter, to seek a temporary restraining order pursuant to the provisions of R.S. 46:2135, a showing that the person is or has been a victim of sexual assault shall constitute good cause for purposes of obtaining a temporary restraining order in an ex parte proceeding.
Acts 2015, No. 242, §3.
For purposes of this Chapter, "sexual assault" means any nonconsensual sexual contact including but not limited to any act provided in R.S. 15:541(24) or obscenity (R.S. 14:106).
Acts 2015, No. 242, §3.
A. Any court in the state of Louisiana that is empowered to hear family or juvenile matters shall have jurisdiction over proceedings appropriate to it under this Chapter.
B. Venue under this Chapter lies:
(1) In the parish where the victim resides.
(2) In the parish where the defendant resides.
(3) In the parish where the sexual assault is alleged to have been committed.
Acts 2015, No. 242, §3; Acts 2018, No. 433, §1.
A. The clerk of court shall make forms available for making application for protective orders under this Chapter, provide clerical assistance to the petitioner when necessary, notify indigent applicants of the availability of filing in forma pauperis, provide the necessary forms, as supplied by the judicial administrator's office, Louisiana Supreme Court, and provide the services of a notary, where available, for completion of the affidavit required in R.S. 46:2134(D).
B. Sexual assault advocates may provide clerical assistance to petitioners in making an application for a protective order in accordance with this Chapter.
C. For purposes of this Section, "sexual assault advocate" means a person who is engaged by any office, center, or institution referred to as a sexual assault or rape crisis center or similar program, and who has undergone at least forty hours of training and who is engaged in rendering advice, counseling, advocacy, or assistance to victims.
Acts 2015, No. 242, §3.
A. For purposes of this Section:
(1) "Privileged communication" means a communication made to a representative or employee of a sexual assault center by a victim. It also means a communication not otherwise privileged made by a representative or employee of a sexual assault center to a victim in the course of rendering services authorized by R.S. 46:2186.
(2) "Sexual assault center" means a program established and accredited in accordance with the standards set by the Louisiana Foundation Against Sexual Assault.
(3) "Victim" means a person against whom an act of attempted or perpetrated sexual assault was committed.
B. Notwithstanding any other provision of law, no person shall be required to disclose, by way of testimony or otherwise, a privileged communication, or to produce any records, documentary evidence, opinions, or decisions relating to such privileged communication, in connection with any civil or criminal proceeding.
C. Records relating to a privileged communication maintained by a sexual assault center shall not be public records, but such records may be used for the compilation of statistical data if the identity of the victim and the contents of any privileged communication are not disclosed.
Acts 2015, No. 242, §3.
The granting of any relief authorized under this Chapter shall not preclude any other relief authorized by law.
Acts 2015, No. 242, §3.
A. For purposes of this Chapter:
(1) "Abuser" means an individual who has committed, or is presumed to have committed a covered act against a survivor, as defined in this Section.
(2) "Covered act" means conduct that constitutes:
(a) Domestic abuse as defined in R.S. 46:2132.
(b) Sexual assault as defined in R.S. 29:220.
(c) Stalking as defined in R.S. 14:40.2.
(3) "Remote access technology" means technology that enables a driver of a motor vehicle to remotely track, control, or operate the driver's vehicle using a smartphone app or other device.
(4) "Survivor" means an individual who is a victim of a covered act, as defined in this Section.
Acts 2025, No. 225, §2.
A.(1) A motor vehicle manufacturer shall suspend the remote access technology on a motor vehicle within two business days from receipt of a complete remote access suspension request from a survivor.
(2) A complete remote access suspension request requires the following:
(a) A certified copy of a protective order as provided by R.S. 46:2136 against the abuser that has been signed by a judge, hearing officer, or commissioner, a temporary restraining order as provided by R.S. 46:2135 against the abuser that has been signed by a judge, hearing officer, or commissioner, or any other official document that evidences that the abuser has committed a covered act.
(b) The survivor has ownership interest in the motor vehicle or a certified copy of a judgment that provides exclusive use of the motor vehicle regardless of ownership.
B. The remote access technology may remain disabled for the duration of the protective order, temporary restraining order, or judgment granting exclusive use of the motor vehicle.
C. The motor vehicle manufacturer shall provide a process that includes a prominent and clearly visible link entitled "HOW TO DISCONNECT REMOTE VEHICLE ACCESS" on the motor vehicle manufacturer's website.
D. The provisions of this Section shall not apply to a motor vehicle manufacturer that technologically cannot disable the remote access technology on a motor vehicle.
Acts 2025, No. 225, §2.
Any motor vehicle manufacturer that is found to have violated R.S. 46:2192 shall be subject to a civil fine of ten thousand dollars per violation, not to exceed a sum of one million dollars. The attorney general may maintain a civil action in a court of competent jurisdiction to recover such fines.
Acts 2025, No. 225, §2.
A. There is hereby established in the state treasury, as a special fund, the Survivor Empowerment Fund, hereinafter referred to as the "fund".
B.(1) After allocation of money to the Bond Security and Redemption Fund as provided in Article VII, Section 9(B) of the Constitution of Louisiana, the treasurer shall deposit into the fund monies paid as a civil fine levied against a motor vehicle manufacturer in violation of R.S. 46:2192. The treasurer shall also deposit into the fund any monies transferred or appropriated by the legislature and any grants, donations, gifts, or other monies which may become available.
(2) Monies in the fund shall be invested in the same manner as monies in the state general fund. Interest earned on investment of monies in the fund shall be deposited into the state general fund. Unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund.
C.(1) Subject to appropriation by the legislature to the Louisiana Commission on Law Enforcement and the Administration of Criminal Justice, monies in the fund shall be used to assist victims of crime pursuant to the Victims of Crime Act and the Violence Against Women Act.
(2) In accordance with the Administrative Procedure Act, the Louisiana Commission on Law Enforcement and the Administration of Criminal Justice shall adopt and promulgate rules necessary for implementation and administration of the provisions of Paragraph (1) of this Subsection.
Acts 2025, No. 225, §2.
A motor vehicle manufacturer may not do any of the following in order to disable the remote access technology:
(1) Require the survivor to pay a fee or any outstanding fines owed by the abuser.
(2) Contact the abuser after the survivor submits a complete remote access suspension request.
Acts 2025, No. 225, §2.
A motor vehicle manufacturer and any officer, director, employee, vendor, or agent thereof shall not be subject to liability for any claims deriving from the motor vehicle manufacturer's technological inability to disable the remote access technology, or for any claims initiated by an abuser deriving from an action taken pursuant to this Chapter.
Acts 2025, No. 225, §2.
The Department of Transportation and Development may establish and administer a program to provide assistance to applicants eligible under the provisions of Section 16(b)(2) of the federal Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1612(b)(2)).
Added by Acts 1979, No. 785, §1; Acts 2014, No. 811, §24, eff. June 23, 2014; Acts 2018, No. 206, §5.
As used in this Chapter, the terms "persons who are elderly", "persons with disabilities", and "capital acquisitions" shall be defined in accordance with the appropriate federal law and the regulations and definitions in effect thereunder.
Added by Acts 1979, No. 785, §1; Acts 2014, No. 811, §24, eff. June 23, 2014.
The Department of Transportation and Development is authorized to grant matching funds in an amount not to exceed twenty percent for capital acquisitions authorized by the appropriate provisions of the federal Urban Mass Transportation Act,1 as amended, and the regulations adopted pursuant thereto, to eligible applicants. Such grants shall be awarded only to qualified and approved applicants who have met all approved criteria established by the federal Urban Mass Transit Administration and Department of Transportation and Development. The secretary of the Department of Transportation and Development is authorized to enter contractual grant agreements with the federal Urban Mass Transportation Administration and eligible private nonprofit organizations.
Added by Acts 1979, No. 785, §1.
149 U.S.C.A. §1601 et seq.
Prior to awarding a grant to any agency, the Department of Transportation and Development shall require the applicant agency to assess and verify the local needs for the special transportation services. Each applicant agency shall also certify that local agencies are coordinating their service plans and that the awarding of the grant will not foster a duplication of services for persons who are elderly and persons with disabilities.
Added by Acts 1979, No. 785, §1; Acts 2014, No. 811, §24, eff. June 23, 2014.
All interested organizations shall apply to the secretary of the Department of Transportation and Development for a determination of eligibility. Applicant organizations must certify and show that it is a financially responsible organization capable of meeting the terms of the grant agreement and that the organization is subject to proper management. Each organization receiving a grant shall insure, maintain, and operate the equipment acquired under the program, as required by the federal Urban Mass Transportation Act,1 as amended, and by the Department of Transportation and Development, and shall report to the department as prescribed by the appropriate rules and regulations.
Added by Acts 1979, No. 785, §1.
149 U.S.C.A. §1601 et seq.
All organizations receiving grants under this Chapter shall provide the required transportation services without regard to the race, religion, sex, national ancestry, place of residence or income level of the persons needing the assistance.
Added by Acts 1979, No. 785, §1.
The secretary of the Department of Transportation and Development is hereby authorized to adopt and promulgate rules and regulations that the secretary deems necessary to implement the provisions of this Chapter, in accordance with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq.
Added by Acts 1979, No. 785, §1.
This Chapter may be cited as the "Civil Rights Act for Persons with Disabilities".
Added by Acts 1980, No. 665, §1; Acts 2014, No. 811, §24, eff. June 23, 2014.
A. The legislature hereby finds and declares that the state has the responsibility to act to assure that every individual within the state is afforded an equal opportunity to enjoy a full and productive life and that the failure to provide such equal opportunity, whether because of discrimination, prejudice, or intolerance not only threatens the rights and proper privileges of its inhabitants but menaces the institutions, the foundation of a free democratic state, and threatens the peace, order, health, safety, and general welfare of the state and its inhabitants.
B. The opportunity to obtain education, housing, and other real estate and full and equal utilization of public services and programs without discrimination on the basis of a disability is a civil right.
Added by Acts 1980, No. 665, §1; Acts 1997, No. 1409, §2, eff. Aug. 1, 1997; Acts 2014, No. 811, §24, eff. June 23, 2014.
For the purposes of this Chapter the following definitions shall apply:
(1) "Adaptive devices" means any items utilized to compensate for a physical or mental impairment, including, but not limited to, braces or other supports, wheelchairs, talking boards, hearing aids, corrective devices, corrective lenses, or seeing eye dogs.
(2) "ANSI" means the American National Standards Institute specifications "Making Building & Facilities accessible to and usable by Physically Handicapped People, ANSI A 117.1 (1977)."
(3) "Discrimination" shall include unreasonable segregation or separation
(4) "Educational institution" means a public or private institution and includes an academy, college, university, elementary or secondary school, extension course, kindergarten, day care center, school system, or school district, and a business, nursing, professional, secretarial, technical, trade or vocational school, and includes an agent of an educational institution; however, it does not include any such institution, school or facility which receives no state or federal funds.
(5) "Financial assistance" means any grant of funds, loans, services of public personnel, or interest in or use of real or personal property from the state or any political subdivision thereof.
(6) "Housing accommodation" includes improved or unimproved real property, or a part thereof, which is used or occupied, or is intended, arranged, or designed to be used or occupied, as the home residence or sleeping place of one or more persons.
(7) "Immediate family" means a spouse, parent, child, or sibling.
(8) "Impairment" means an intellectual disability; any physical or physiological disorder or condition, or prior mental disorder or condition, but does not include chronic alcoholism or any other form of active drug addiction; any cosmetic disfigurement; or an anatomical loss of body systems.
(9) "Major life activities" mean functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
(10) "Otherwise qualified person with a disability" means:
(a) With respect to educational services, a person with a disability who meets the academic and technical standards requisite to admission or participation in educational and extracurricular activities and programs.
(b) With respect to other services, a person with a disability who meets the essential eligibility requirements for the receipt of such services.
(11) "Person" includes an individual, agent, association, corporation, joint stock company, labor union, legal representative, mutual company, partnership, receiver, trust, trustee in bankruptcy, unincorporated organization, the state, or any other legal or commercial entity or state, local or political governmental entity or agency; except that, the persons presently in compliance with federal statutes regarding discrimination of persons who are elderly and persons with disabilities are excluded.
(12) "Person with a disability" means any person who has an impairment which substantially limits one or more life activities or (a) has a record of such an impairment or (b) is regarded as having such an impairment.
(13) "Real estate broker or salesman" means a person, firm, or corporation, whether licensed or not, who, with the expectation of receiving a consideration, lists, sells, purchases, exchanges, rents, or leases, real property; or who negotiates or attempts to negotiate any of these activities; or who holds himself out as engaged in these activities; or who negotiates or attempts to negotiate a loan to be secured by a mortgage or other encumbrance upon real property; or who is engaged in the business of listing real property in a publication; or a person employed by or acting on behalf of any of these persons.
(14) "Real estate transaction" means the sale, exchange, rental, or lease of real property, or an interest therein.
(15) "Real property" includes a building, structure, mobile home, real estate, land, mobile home park, trailer park, tenement, leasehold, or an interest in a real estate cooperative or condominium whether of a residential, commercial, or industrial nature.
Added by Acts 1980, No. 665, §1. Amended by Acts 1981, No. 623, §1; Acts 1985, No. 364, §1, eff. July 9, 1985; Acts 1997, No. 1409, §§2, 4, eff. Aug. 1, 1997; Acts 2014, No. 811, §24, eff. June 23, 2014; Acts 2018, No. 206, §7.
A. No otherwise qualified person shall, on the basis of a disability, be subjected to discrimination by any educational facility, in any real estate transaction, or be excluded from participating in, or denied the benefits of, any program or activity which receives financial assistance from the state or any of its political subdivisions.
B. In accordance with Subsection A of this Section an educational institution shall not:
(1) Discriminate in any manner in the full utilization of the institution, or the services provided and rendered thereby to an otherwise qualified individual because of a disability that is unrelated to the individual's ability to utilize and benefit from the institution or its services, or because of the use of adaptive devices or aids.
(2) Exclude, expel, limit, or otherwise discriminate against an otherwise qualified individual seeking admission as a student or an individual enrolled as a student at the institution on the basis of a disability that is unrelated to the individual's academic ability or ability to utilize and benefit from the institution, or because of the use of adaptive devices or aids.
(3) Make or use a written or oral inquiry or form of application for admission that elicits or attempts to elicit information, or make or keep a record, concerning the disability of an otherwise qualified applicant for admission for discriminatory purposes contrary to the provisions or purposes of this Chapter.
(4) Print, publish, or cause to be printed or published a catalog or other notice or advertisement indicating a preference, limitation, specification, or discrimination based on the disability of an otherwise qualified applicant that is unrelated to the applicant's academic ability or ability to utilize and benefit from the institution or its services, or the use of adaptive devices or aids by an otherwise qualified applicant for admission.
(5) Announce or follow a policy of denial or limitation of educational opportunities to a group or its members because of a disability that is unrelated to the group or members' academic ability or ability to utilize and benefit from the institution or its services, or because of the use of adaptive devices or aids.
(6) Nothing in this Subsection shall be construed so as to limit, alter or modify in any way, the responsibilities of the State and local educational agencies to provide a free, appropriate public education to exceptional children under R.S. 17:1941 et seq.
C. An owner or any other person engaging in a real estate transaction, such as a real estate broker or salesman, shall not, in accordance with Subsection A of this Section on the basis of a disability that is unrelated to an otherwise qualified individual's ability to acquire, rent, or maintain property:
(1) Refuse to engage in a real estate transaction.
(2) Discriminate against a person in the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith.
(3) Refuse to receive or fail to transmit a bona fide offer to engage in a real estate transaction from a person.
(4) Refuse to negotiate for a real estate transaction with a person.
(5) Represent to a person that real property is not available for inspection, sale, rental, or lease when in fact it is available, or fail to bring a property listing to a person's attention, or refuse to permit a person to inspect real property.
(6) Print, circulate, post, or mail, or cause to be so published, a statement, advertisement, or sign, or use a form of application for a real estate transaction, or make a record of inquiry in connection with a prospective real estate transaction, which indicates, directly or indirectly, an intent to make a limitation, specification, or discrimination with respect thereto.
(7) Offer, solicit, accept, use, or retain a listing of real property with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or services in connection therewith.
D. Subsection C of this Section shall not apply to the rental of a housing accommodation in a building which contains housing accommodations for two or less units living independently of each other, if the owner resides in one of the housing units, or to the rental of a room or rooms in a single housing dwelling by a person if the lessor or a member of the lessor's immediate family resides therein.
E.(1) A person to whom application is made for financial assistance or financing in connection with a real estate transaction or for the construction, rehabilitation, repair, maintenance, or improvement of immovable property, or a representative of such a person shall not discriminate against the otherwise qualified applicant on the basis of a disability that is unrelated to the individual's ability to acquire, rent, or maintain property or use a form of application for financial assistance or financing or make or keep a record of inquiry for reasons contrary to the provisions or purposes of this Chapter in connection with applications for financial assistance or financing which indicates, directly or indirectly, a limitation, specification, or discrimination based on disability that is unrelated to the individual's ability to acquire, rent, or maintain property.
(2) Nothing in this Subsection shall be construed to prohibit an owner, lender, or his agency from requiring that an applicant who seeks to buy, rent, lease, or obtain financial assistance or housing accommodations supply information concerning the applicant's financial, business, or employment status or other information designed solely to determine the applicant's credit worthiness.
(3) Nothing in this Subsection shall require any person renting, leasing, or providing for compensation immovable property to modify his property in any way or provide a higher degree of care for a person with a disability than for a person who does not have a disability.
F.(1) In accordance with Subsection A of this Section, any program or activity which receives financial assistance from the state or any of its political subdivisions shall not directly or through contractual, licensing, or other arrangements:
(a) Deny an otherwise qualified person on the basis of disability the opportunity to participate in or benefit from the aid, benefit, or service.
(b) Provide an otherwise qualified person with an aid, benefit, or service that is not as effective as, or equal to, that provided to others because of their disability.
(c) Provide different or separate aid benefits, or services to otherwise qualified persons because of disability, unless such action is necessary to provide qualified persons with disabilities with aid, benefits, or services that are as effective as those provided to others.
(2) A recipient of state financial assistance shall operate a program or activity in a facility which is accessible to and usable by persons with disabilities and shall comply with ANSI specifications as defined in R.S. 46:2253 by January 1, 1982.
Added by Acts 1980, No. 665, §1; Acts 1997, No. 1409, §§2, 4, eff. Aug. 1, 1997; Acts 2014, No. 811, §24, eff. June 23, 2014; Acts 2018, No. 206, §5.
Nothing in this Act shall be construed to prohibit or alter any program, service, facility, school, or privilege which is afforded, oriented, or restricted to a person because of his disability, from continuing to habilitate, rehabilitate, or accommodate that person.
Added by Acts 1980, No. 665, §1; Acts 2014, No. 811, §24, eff. June 23, 2014.
A. When any person with a disability believes that any person has engaged or is engaging in discriminatory practices, as defined in this Chapter, he shall have one year from the date of the alleged discriminatory act to file a complaint in the appropriate civil district court.
B. Persons with disabilities who have been subject to unlawful discrimination as defined in this Chapter shall have the right to any and all remedies available under the law if they prevail in a suit under this Chapter including but not limited to compensatory damages, attorney fees, costs, and any other relief deemed appropriate. Any person who believes he has been discriminated against and intends to pursue court action shall give the person who has allegedly discriminated written notice of this fact at least thirty days before initiating court action and shall detail the discrimination, and both parties shall make a good faith effort to resolve the dispute before court action.
C. Any party filing suit under this Chapter who fails to prevail in his cause of action shall be held responsible for reasonable attorney fees and all court costs at the discretion of the judge.
Added by Acts 1980, No. 665, §1; Acts 1991, No. 563, §1; Acts 2014, No. 811, §24, eff. June 23, 2014; Acts 2018, No. 206, §5.
This Chapter may be cited as the "Identification of Hearing Loss in Infants Law".
Acts 1992, No. 417, §1; Acts 2017, No. 146, §11.
A. The purpose of the program for early identification of hearing loss is to identify deaf or hard of hearing infants at the earliest possible time so that medical treatment, early audiological evaluation, selection of amplification, and early educational intervention can be provided.
B. Early educational intervention and early audiological services are required under the Education of the Handicapped Act, Amendments of 1986, Public Law 99-457.
C. Early identification and management of the deaf or hard of hearing infant are essential if that infant is to acquire the vital language and speech skills needed to achieve maximum potential educationally, emotionally, and socially.
D. Appropriate screening and identification of newborns and infants with hearing loss will therefore serve the public purpose of promoting the healthy development of children and reducing public expenditures for health care, special education, and related services.
Acts 1992, No. 417, §1; Acts 1999, No. 653, §1; Acts 2017, No. 146, §11.
In order to ensure that children who are deaf or hard of hearing have the same rights and potential to become independent and self-actualizing as children who are not deaf or hard of hearing, the Deaf Child's Bill of Rights is established so that children who are deaf or hard of hearing are entitled:
(1) To appropriate screening and assessment of hearing and vision capabilities and communication and language needs at the earliest possible age and to the continuation of screening services throughout the educational experience.
(2) To early intervention to provide for acquisition of the language base developed at the earliest possible age.
(3) To their parents' or guardians' full and informed participation in their educational planning.
(4) To adult role models who are deaf or hard of hearing.
(5) To meet and associate with their peers.
(6) To qualified teachers, interpreters, and resource personnel who communicate effectively with the child in the child's mode of communication.
(7) To placement best suited to the child's individual needs, including but not limited to social, emotional, cultural needs, age, hearing loss, academic level, modes of communication, styles of learning, motivational level, and family support.
(8) To individual considerations for free and appropriate education across a full spectrum of educational programs.
(9) To full support services provided by qualified professionals in their educational settings.
(10) To full access to all programs in their educational settings.
(11) To have the public fully informed concerning medical, cultural, and linguistic issues of deafness and hearing loss.
(12) Where appropriate, to have deaf and hard of hearing adults directly involved in determining the extent, content, and purpose of all programs that affect their education.
Acts 1993, No. 395, §1; Acts 2017, No. 146, §11.
Except where the context clearly indicates otherwise, in this Chapter:
(1) "Advisory council" means the advisory council created pursuant to R.S. 46:2265.
(2) "Department" means the Louisiana Department of Health.
(3) "Deaf or hard of hearing infant" means an infant who has a disorder of the auditory system of any type or degree, causing hearing loss sufficient to interfere with the development of language and speech skills.
(4) "Infants susceptible to a hearing disability" means those infants who are susceptible to hearing loss because they have one or more risk factors.
(5) "Office" means the office of public health within the department.
(6) "Program" means the program that the office of public health establishes to provide for the early identification and follow-up of infants susceptible to a hearing disability, of deaf or hard of hearing infants, and of infants who have a risk factor for developing progressive hearing loss.
(7)(a) "Risk factors" means those criteria or factors, any one of which identifies an infant as being susceptible to hearing loss.
(b) The risk factors that identify those neonates, infants from birth through the first twenty-eight days, who are susceptible to sensorineural hearing loss include the following:
(i) Family history of congenital or delayed onset childhood sensorineural impairment.
(ii) Congenital infection known or suspected to be associated with sensorineural hearing loss such as toxoplasmosis, syphilis, rubella, cytomegalovirus, and herpes.
(iii) Craniofacial anomalies including morphologic abnormalities of the pinna and ear canal, absent philtrum, low hairline, et cetera.
(iv) Birth weight less than one thousand five hundred grams or less than three and three tenths pounds.
(v) Hyperbilirubinemia at a level exceeding indication for exchange transfusion.
(vi) Ototoxic medications, including but not limited to the aminoglycosides used for more than five days, such as gentamicin, tobramycin, kanamycin, streptomycin, and loop diuretics used in combination with aminoglycosides.
(vii) Bacterial meningitis.
(viii) Severe depression at birth, which may include infants with Apgar scores of zero to three at five minutes or those who fail to initiate spontaneous respiration by ten minutes or those with hypotonia persisting to two hours of age.
(ix) Prolonged mechanical ventilation for a duration equal to or greater than ten days, such as persistent pulmonary hypertension.
(x) Stigmata or other findings associated with a syndrome known to include sensorineural hearing loss, such as Waardenburg or Usher Syndrome.
(xi) Other risk factors added or deleted by the office of public health upon recommendation of the advisory council for early identification of deaf or hard of hearing children.
(c) The factors that identify those infants aged twenty-nine days to two years who are susceptible to sensorineural hearing loss include the following:
(i) Parent or caregiver concerns regarding hearing, speech, language, or developmental delay.
(ii) Bacterial meningitis.
(iii) Neonatal risk factors that may be associated with progressive sensorineural hearing loss, such as cytomegalovirus, prolonged mechanical ventilation, and inherited disorders.
(iv) Head trauma, especially with either longitudinal or transverse fracture of the temporal bone.
(v) Stigmata or other findings associated with syndromes known to include sensorineural hearing loss, such as Waardenburg or Usher Syndrome.
(vi) Ototoxic medications, including but not limited to the aminoglycosides used for more than five days, such as gentamicin, tobramycin, kanamycin, streptomycin, and loop diuretics used in combination with aminoglycosides.
(vii) Neurodegenerative disorders such as neurofibromatosis, myoclonic epilepsy, Werdnig-Hoffman disease, Tay-Sachs disease, infantile Gaucher's disease, Niemann-Pick disease, any metachromatic leukodystrophy, or any infantile demyelinating neuropathy.
(viii) Childhood infectious diseases known to be associated with sensorineural hearing loss, such as mumps or measles.
(ix) Other risk factors added or deleted by the office of public health upon recommendation of the advisory council for early identification of deaf or hard of hearing children.
(8) "Screening for hearing loss" means employing a device for identifying whether an infant has a disorder of the auditory system, but may not necessarily provide a comprehensive determination of hearing thresholds in the speech range. Procedures may include auditory brainstem response (ABR) screening, evoked otoacoustic emissions (EOAE) screening, and other devices approved by the office upon recommendation of the advisory council.
Acts 1992, No. 417, §1; Acts 1999, No. 653, §1; Acts 2017, No. 146, §11.
A. The office shall establish, in consultation with the advice of the Louisiana Commission for the Deaf and the advisory council created in R.S. 46:2265, a program for the early identification and follow-up of infants susceptible to a hearing disability, deaf or hard of hearing infants, and infants susceptible to developing progressive hearing loss. The program shall, at a minimum:
(1) Develop criteria or factors to identify those infants who are likely deaf or hard of hearing and infants who may develop a progressive hearing loss, including the risk factors set forth in this Chapter, and develop a susceptibility questionnaire for infant hearing loss.
(2) Create a susceptibility registry to include, but not be limited to, the identification of infants susceptible to hearing loss, deaf or hard of hearing infants, and infants susceptible to developing progressive hearing loss.
(3) Provide to the hospitals and other birthing sites the susceptibility questionnaire for infant hearing loss and require that the form be completed for any newborn prior to discharge from the hospital or other birthing site. As to infants susceptible to a hearing disability, copies of the completed susceptibility questionnaire shall be distributed to the susceptibility registry of the office, the parent or guardian, and, if known, the infant's primary care physician and the provider of audiological services.
(4) Require for all newborn infants that the hospital of birth or that hospital to which the newborn infant may be transferred provide screening for hearing loss by auditory brainstem response (ABR) screening, evoked otoacoustic emissions (EOAE) screening, or any other screening device approved by the office before discharge. The results of that screening for hearing loss shall be provided to the susceptibility registry of the office, the parent or guardian, and if known, the primary care physician and the provider of audiological services.
(5) Develop and provide to the hospitals or other birthing sites appropriate written materials regarding hearing loss, and require that the hospitals or other birthing sites provide this written material to all parents or guardians of newborn infants.
(6) Develop methods to contact parents or guardians of infants susceptible to a hearing disability, of deaf or hard of hearing infants, and of infants susceptible to developing progressive hearing loss.
(7) Establish a telephone hotline to communicate information about hearing loss, hearing screening, audiological evaluation, and other services for deaf or hard of hearing infants.
(8) Provide that when a screening indicates a hearing loss, audiological evaluation shall be done as soon as practical. The parents or guardians of the infant shall be provided with information on locations at which medical and audiological follow up can be obtained.
B. The office shall consult with the advisory council and implement the program.
C. The office shall develop a system for the collection of data, determine the cost-effectiveness of the program, and disseminate statistical reports to the Louisiana Commission for the Deaf.
D. The office, in cooperation with the state Department of Education, shall develop a plan to coordinate early educational and audiological services for infants identified as deaf or hard of hearing.
E. The office shall follow current practices and applicable guidelines that are currently utilized in Louisiana and will consider practices and guidelines that may be established by the National Institute on Deafness and other Communication Disorders (NIDCD).
Acts 1992, No. 417, §1; Acts 1999, No. 653, §1; Acts 2017, No. 146, §11.
A. There is hereby created an advisory council for the program of early identification of deaf or hard of hearing infants. The council shall consist of fourteen members as follows:
(1) An otolaryngologist or otologist.
(2) An audiologist with extensive experience in evaluating infants.
(3) A neonatologist.
(4) A pediatrician.
(5) A deaf person.
(6) A hospital administrator.
(7) A speech and language pathologist.
(8) A school teacher or administrator certified in education of the deaf.
(9) A parent who chose the oral method for his deaf or hard of hearing child.
(10) A parent of a deaf or hard of hearing child utilizing total communication.
(11) A representative of the state Department of Education designated by the superintendent of education.
(12) A representative of the office designated by the assistant secretary of the office.
(13) A representative from the Louisiana Commission for the Deaf.
(14) A representative from the Louisiana Association of the Deaf.
B. Members of the council in accordance with Paragraphs (A)(1) through (10), (13), and (14) shall be appointed by the governor, subject to Senate confirmation. Other members are not subject to Senate confirmation.
C. Members of the council representing offices and departments of state government shall serve four-year terms concurrent with that of the governor. Other members shall serve three-year terms, except that in making the initial appointments, four members shall be appointed for a one-year term, four shall be appointed for two-year terms, and four shall be appointed for three-year terms. No member may serve more than two consecutive terms.
D. Each member shall serve without compensation.
E. A majority of the members of the council shall constitute a quorum for the transaction of all business.
F. The members of the council shall elect from their membership a chairman and a vice chairman.
Acts 1992, No. 417, §1; Acts 2017, No. 146, §11.
The advisory council shall:
(1) Advise and recommend risk factors or criteria for infants who are likely deaf or hard of hearing and infants who may develop a progressive hearing loss.
(2) Advise the office as to hearing screening, setting standards for the program, monitoring and reviewing the program, and providing quality assurance for the program.
(3) Advise the office as to integrating the program for early identification of deaf or hard of hearing infants with existing medical, audiological, and early infant education programs.
(4) Advise the office as to materials to be distributed to the public concerning deaf or hard of hearing infants.
(5) Advise the office on the implementation of the program for early identification and follow-up of infants susceptible to a hearing disability, deaf or hard of hearing infants, and infants who are at risk of developing progressive hearing loss.
Acts 1992, No. 417, §1; Acts 2017, No. 146, §11.
The office of public health shall, by July 1, 2000, adopt rules and regulations necessary to implement the program in accordance with the Administrative Procedure Act.
Acts 1992, No. 417, §1; Acts 1999, No. 653, §1.
An agency of the state to be known as the "Governor's Office of Indian Affairs" is hereby created and established in the office of the governor. Said office shall exercise the powers and duties hereinafter set forth or otherwise provided by law. The office shall be administered by an executive director, who shall be appointed by the governor to serve at his pleasure. The executive director shall employ necessary staff to carry out the duties and functions of the office as otherwise provided in this Chapter, or as otherwise provided by law.
Added by Acts 1980, No. 702, §2, eff. July 24, 1980; Acts 1987, No. 213, §1; Acts 1993, No. 275, §2, eff. July 1, 1993.
{{NOTE: SEE ACTS 1987, NO. 213, §§3, 4, 5, 6, and 7.}}
{{NOTE: SEE ACTS 1993, NO. 275, §3.}}
The office shall have the following powers and duties:
(1) To administer the programs relative to Louisiana Indians.
(2) To collect facts and statistics and conduct special studies of conditions pertaining to the employment, health, education, financial status, recreation, social adjustment, or other conditions affecting the welfare of the Indian people.
(3) To provide for a mutual exchange of ideas and information on national, state, and local levels.
(4) To make recommendations to the governor and to the legislature for needed improvements and additional resources to promote the welfare of the Indians in the state.
(5) To coordinate the services of all agencies in the state serving the Indians and to require reports from such state agencies and institutions.
(6) To serve as the official negotiating agent of the state upon which federally recognized tribes in the state of Louisiana may serve notice of any request to negotiate state tribal compacts.
(7) To make recommendations to the governor for the composition of the negotiating team for the state.
(8) To make recommendations regarding proposed compacts and submit them to the governor for his approval and signature.
(9) To prepare and submit an annual report to the legislature and to the governor.
(10) To adopt and promulgate rules and regulations that are deemed necessary to implement the provisions of this Chapter in accordance with the provisions of the Administrative Procedure Act.
Added by Acts 1980, No. 702, §2, eff. July 24, 1980; Acts 1987, No. 213, §1; Acts 1993, No. 275, §2, eff. July 1, 1993.
{{NOTE: SEE ACTS 1993, NO. 275, §3.}}
The governor may enter into and sign state/tribal compacts with federally recognized tribes on behalf of the state.
Added by Acts 1980, No. 702, §2, eff. July 24, 1980. Amended by Acts 1982, No. 99, §1; Acts 1993, No. 275, §2, eff. July 1, 1993.
{{NOTE: SEE ACTS 1993, NO. 275, §3.}}
A. Within fifteen days of the initiation or commencement of negotiations regarding a Tribal-State Class III gaming compact for an Indian casino at a specific location, the governor and the Indian tribe shall notify the parish governing authority and the legislative delegation where the proposed gaming facility is to be located and gaming is to be conducted and the parish governing authority and legislative delegation of each parish adjoining that parish. The notice required by this Section shall be made by certified mail.
B. For the purposes of this Section, the following terms shall have the following meanings:
(1) "Class III gaming" shall have the same meaning as set forth in 25 U.S.C 2703(8).
(2) "Indian tribe" shall have the same meaning as set forth in 25 U.S.C. 2703(5).
Acts 2004, No. 909, §1.
A. The Native American Commission is hereby created within the Governor's Office of Indian Affairs. The commission shall serve in an advisory capacity to the Governor's Office of Indian Affairs.
B. The following shall each appoint one member:
(1) Adai Caddo Indians of Louisiana.
(2) Bayou Lafourche Band of Biloxi-Chitimacha-Choctaw.
(3) Chitimacha Tribe of Louisiana.
(4) Choctaw-Apache Tribe of Ebarb.
(5) Clifton Choctaw Tribe of Louisiana.
(6) Coushatta Tribe of Louisiana.
(7) Four-Winds Cherokee Tribe.
(8) Grand Caillou/Dulac Band.
(9) Isle de Jean Charles Band of Biloxi-Chitimacha-Choctaw Tribe.
(10) Jena Band of Choctaw Indians.
(11) Louisiana Band of Choctaw Indians.
(12) Natchitoches Tribe of Louisiana.
(13) Point au Chien Tribe.
(14) Tunica-Biloxi Tribe of Louisiana.
(15) United Houma Nation.
C. The following members shall serve as ex officio members:
(1) The director of the Governor's Office of Indian Affairs.
(2) The secretary of the Department of Veterans Affairs or designee.
(3) The state archeologist or his designee.
D. The commission may add state-recognized tribes and federally recognized tribes to its membership as tribes are officially granted state or federal recognition.
E. All appointments shall be made for four years except in cases where appointees are unable to complete their terms. If a member is unable to complete his term, the appointing entity shall appoint a member for the length of the unexpired term.
F. The commission shall elect as officers a chairperson, vice chairperson, and secretary from its membership. All officers shall serve for two years. The commission shall create its own bylaws. The commission shall meet at least once every quarter, and may meet more often as determined by the chairman.
G. A majority of the voting membership shall constitute a quorum. All official business of the commission shall require the affirmative vote of not less than a majority of the members present. Voting by proxy is prohibited.
H. Commission members shall not receive compensation or a per diem for their services or attendance at council meetings, except for those travel-related expenses already provided for by their agency.
I. The commission shall be domiciled in East Baton Rouge Parish.
J. The commission shall do the following:
(1) Advise the Governor's Office of Indian Affairs regarding issues pertaining to Native Americans.
(2) Identify the needs and concerns of the Native Americans in Louisiana and bring such needs and concerns to the attention of the Governor's Office of Indian Affairs.
(3) Make recommendations to the Governor's Office of Indian Affairs to address the needs and concerns of Native Americans in Louisiana.
(4) Establish criteria for state tribe recognition and recommend criteria to the Governor's Office of Indian Affairs and legislature for adoption and implementation.
(5) Review applications for the Office of Indian Affairs Scholarship and recommend scholarship awardees to the Governor's Office of Indian Affairs.
(6) Promote Native American culture, awareness, and education across the state.
(7) Promote Native American Heritage Month in Louisiana.
(8) Conduct a comprehensive review of all state departments and agencies to identify obstacles to the effective delivery of governmental services by all service providers at all levels of government to Native Americans, propose methods for removing those obstacles, and submit such proposals to the appropriate governmental entity or entities.
K. The commission shall have authority to request consultation or information, or both, from any state department or agency serving Native Americans. The department or agency shall give priority to the request and shall provide the data or assistance as requested. The commission shall maintain the confidentiality of any information or records provided, as required by laws relative to such information and records.
L. The Governor's Office of Indian Affairs shall assist as needed in providing staff support for the council, including but not limited to the scheduling of meetings.
M. Legislation may be recommended by the commission to the Governor's Office of Indian Affairs only upon approval by a two-thirds vote of the commission members present. The commission shall not recommend legislation that would impair ownership interests in any immovable property or any mineral rights associated therewith.
N. The commission shall annually issue a report of its findings and recommendations to the governor and legislature.
Acts 2018, No. 102, §1.
As used in this Chapter, the following definitions apply:
(1) "Board" means the group of individuals named or appointed to inform and support the work of the Louisiana Commission for the Deaf pursuant to R.S. 46:2352.
(2) ''Commission'' means the Louisiana Commission for the Deaf.
(3) "Deaf" means a condition of or person with some or complete absence of auditory sensitivity, regardless of when the hearing loss occurred, and is most often represented with a lowercase letter "d". Methods of communication may include American Sign Language or spoken English. The term "Deaf", when written or expressed with an uppercase letter "D", specifically refers to a group of deaf individuals who identify as a cultural and linguistic minority with specific languages, namely visual or tactile methods of communication, and social mores.
(4) "DeafBlind" means a condition of or person with concomitant visual and auditory sensitivity to the extent that it causes extreme difficulty in gaining independence in daily life activities, achieving psychosocial adjustments, or obtaining a vocation.
(5) "Department" means the Louisiana Department of Health.
(6) "Hard of hearing" means a condition of or person with total or partial inability to hear sound, but not to the extent that the person must rely primarily on visual communication.
(7) "Hearing" means any person who has average to above hearing levels.
(8) "Interpreter" means an individual involved in the process of interpreting or transliterating between the English language and American Sign Language or any communication modes used by d/Deaf, DeafBlind, or hard of hearing persons. Communication modes may include but are not limited to cued speech and tactile sign.
(9) "Secretary" means the secretary of Louisiana Department of Health.
Acts 2022, No. 128, §1.
NOTE: Former R.S. 46:2351 redesignated as R.S. 46:2352 by Acts 2022, No. 128, §1.
A. The Louisiana Commission for the Deaf, hereinafter referred to as "the commission", is hereby created and established within the Louisiana Department of Health. The commission shall function as a program of the state and serve as the principal agency of the state providing leadership to promote the general welfare of d/Deaf, DeafBlind, and hard of hearing individuals. The secretary shall appoint a director in accordance with R.S. 46:2354.
B. The commission shall be governed by a board which is hereby created as a separate and distinct body to support the work of the commission and to advocate on behalf of d/Deaf, DeafBlind, and hard of hearing communities and their families. The secretary shall promulgate rules to establish the roles and responsibilities of the board. The board shall consist of eighteen members as follows:
(1) The assistant secretary of the Louisiana Department of Health, office of behavioral health, or his designee.
(2) The president of the Louisiana Association of the Deaf or his designee.
(3) The president of the Louisiana Registry of Interpreters for the Deaf or his designee.
(4) The superintendent of the Louisiana School for the Deaf or his designee.
(5) The secretary of the Department of Children and Family Services or his designee.
(6) The superintendent of education or his designee.
(7) The secretary of Louisiana Works or his designee.
(8) The speaker of the House of Representatives or his designee.
(9) The president of the Senate or his designee.
(10) The secretary of the Louisiana Department of Health or his designee.
(11) The executive director of the office of disability affairs or his designee.
(12) In addition, the governor shall appoint seven lay members to the board, two of whom shall be deaf persons, one of whom shall be hard of hearing, one of whom shall be a parent of a deaf person, one of whom shall be a person who is DeafBlind, and two of whom shall be professionals who work with deaf persons. Each appointment by the governor shall be subject to Senate confirmation.
C. A person shall be eligible for appointment to the board if his or her position, knowledge, or experience qualifies him or her to represent the concerns, needs, and recommendations of the d/Deaf, DeafBlind, and hard of hearing communities. All appointments shall be made for four years, except that if a vacancy occurs, the appointment shall be made only for the length of the unexpired term.
D. The board shall meet and organize immediately after members are appointed and shall elect from its membership a chairperson, who shall serve for two years, and any other officers it deems necessary. The board may establish rules and regulations for its own procedure and for the administration of the affairs of the commission. The board shall meet at least once in each quarter of the fiscal year and may meet more often as deemed necessary by the chairperson.
E.(1) Members of the board shall receive no salary for their services but shall be reimbursed for actual travel and other expenses incurred in the performance of their duties in accordance with travel regulations of the division of administration. Officers of the board shall be reimbursed for necessary and other expenses incurred in the performance of their duties.
(2) A board member may receive services offered by the commission to the extent services are provided under the same terms and conditions as received by any d/Deaf, DeafBlind, or hard of hearing individual in this state. A board member receiving services offered by the commission shall not participate or have any involvement in any commission transaction or business matter regarding the provision of services received by the board member.
NOTE: Subsection (F)(intro. para.) eff. until one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier. See Acts 2022, No. 128.
F. Upon request of the board, the directors of the following agencies shall make themselves available for consultation and shall provide information regarding the services available to the deaf through their respective agencies:
NOTE: Subsection (F)(intro. para.) as amended by Acts 2022, No. 128, eff. when one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier.
F. Upon request of the board, the directors of the following agencies, and the secretary in the case of the Department of Elderly Affairs, shall make themselves available for consultation and shall provide information regarding the services available to the deaf through their respective agencies:
(1) The Mental Health Advocacy Service.
(2) The Louisiana Department of Health, office of aging and adult services.
(3) The Louisiana Department of Health, office for citizens with developmental disabilities.
(4) The governor's office of elderly affairs.
(5) The Louisiana Department of Health medical assistance program.
(6) The Governor's Office of Homeland Security and Emergency Preparedness.
G. The board may request consultation or information, or both, from any state department or agency serving d/Deaf, DeafBlind, or hard of hearing persons.
Added by Acts 1980, No. 629, §2; Acts 1992, No. 447, §4, eff. June 20, 1992; Acts 1993, No. 542, §1; Acts 1993, No. 712, §4, eff. June 21, 1993; Acts 1995, No. 924, §1; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2009, No. 384, §5, eff. July 1, 2010; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2010, No. 939, §8, eff. July 1, 2010; Acts 2013, No. 384, §5, eff. if one of the 20 depts. is abolished or an additional dept. is authorized by the electorate; Acts 2014, No. 791, §17; Acts 2022, No. 128, §1; Acts 2022, No. 128, §2, see Act; Redesignated from R.S. 46:2351.
NOTE: Former R.S. 46:2352 redesignated as R.S. 46:2353 by Acts 2022, No. 128, §1.
The commission, with the guidance of the board, shall do all of the following:
(1) Promote, coordinate, and facilitate accessibility of all public and private services to d/Deaf, DeafBlind, and hard of hearing people through informing, educating, and advising businesses, industries, and other sectors on effective communication and the needs of d/Deaf, DeafBlind, and hard of hearing individuals to promote and ensure accessibility to public services.
(2) Serve as advocate for the needs and rights of d/Deaf, DeafBlind, and hard of hearing people.
(3) Collect information concerning deafness and provide for the dissemination of this information.
(4) Develop and implement a statewide program to ensure continuity of services to d/Deaf, DeafBlind, and hard of hearing people.
(5) Inform, educate, and advise deaf citizens, parents, and families of the availability of programs and services for d/Deaf, DeafBlind, and hard of hearing adults and children at all levels of state and local government.
(6) Promote the training of interpreters and assist in the establishment of interpreter training programs.
(7)(a) Establish, administer, and promote a statewide program to standardize interpreting services for those who are d/Deaf, DeafBlind, or hard of hearing.
(b) The commission shall do all of the following:
(i) Establish the process and set the criteria for the professional credentialing of interpreters.
(ii) Develop and maintain a registry of credentialed interpreters, including administrative guidelines for the registration process.
(iii) Set administrative guidelines regarding minimum qualifications and registration for interpreters working in educational settings, in conjunction with the Department of Education. The commission shall review for approval applications and renewals of state of Louisiana provisional and ancillary certificates for interpreters working for the department or any of the local educational agencies or special school boards throughout the state under the supervision of the State Board of Elementary and Secondary Education.
(iv) Establish criteria regarding the minimum qualifications and registration of persons who may serve as interpreters during a judicial or quasi-judicial proceeding in this state or its political subdivisions for a person who is d/Deaf, DeafBlind, or hard of hearing that align with and expand upon the rules of the Louisiana Supreme Court. No person shall serve as an interpreter in the courts of this state without the required interpreter certification.
(c) The commission shall promulgate rules for the regulation of interpreters in this state. The rules shall, at a minimum, do all of the following:
(i) Charge reasonable fees to cover the administrative costs of applications, examination of applications, and renewal of registration.
(ii) Accept registration for applicants with valid credentialing from another state, based on the board's recommendation for reciprocity.
(iii) Adopt conditions under which registration will expire.
(iv) Specify procedures outlining grounds for denying, suspending, or revoking an interpreter's registration with the state.
(v) Adopt and specify grievance policy and procedures and the process for disciplining interpreters.
(vi) Provide for a deaf or hard of hearing person's right to choose his interpreter to the extent possible and appropriate.
(vii) Exempt interpreters of religious services or those interpreting on a voluntary basis without compensation from the requirement of registration.
(d) The commission shall establish standards for businesses or organizations providing interpreting services, which may include best practices for provision of services.
(8) Promulgate pursuant to R.S. 49:950 et seq., the procedures, regulations, rules, and criteria and take other action necessary to implement and administer the provisions of this Chapter where not otherwise prohibited by law.
Added by Acts 1980, No. 629, §2; Acts 1985, No. 662, §1, eff. July 16, 1985; Acts 1988, No. 660, §1, eff. Sept. 1, 1988; Acts 1990, No. 529, §1; Acts 1991, No. 895, §1; Acts 1993, No. 1006, §1, eff. June 25, 1993; Acts 1995, No. 924, §1; Acts 1997, No. 213, §1, eff. June 16, 1997; Acts 2008, No. 815, §4; Acts 2010, No. 743, §8(B), eff. July 1, 2010; Acts 2017, No. 146, §11; Acts 2018, No. 206, §5; Acts 2022, No. 128, §1; Redesignated from R.S. 46:2352.
NOTE: Former R.S. 46:2353 redesignated as R.S. 46:2354 by Acts 2022, No. 128, §1.
The secretary of the Louisiana Department of Health shall employ a director who shall be the executive officer of the commission. The secretary shall consider the recommendations of the board in the hiring and termination processes of the director. The director shall be a trained professional, having experience with d/Deaf, DeafBlind, or hard of hearing individuals, and skilled in the use of American Sign Language or other commonly used methods of communication. The director may be either a deaf person or a hearing person, but preference shall be given to a deaf person. The secretary of the Louisiana Department of Health shall employ any other employees necessary to carry out the provisions of this Chapter.
Added by Acts 1980, No. 629, §2. Acts 1995, No. 924, §1; Acts 2010, No. 939, §8, eff. July 1, 2010; Acts 2022, No. 128, §1; Redesignated from R.S. 46:2353.
NOTE: Former R.S. 46:2354 redesignated as R.S. 46:2355 by Acts 2022, No. 128, §1.
The commission may receive monies from any source, including federal funds, grants, and gifts, which shall be expended for the purposes designated in this Chapter. Immediately upon receipt, the secretary of the Louisiana Department of Health shall remit revenues collected to the treasurer. After allocation of money to the Bond Security and Redemption Fund as provided in Article VII, Section 9(B) of the Constitution of Louisiana, the treasurer shall deposit in and credit to the Telecommunications for the Deaf Fund the monies remitted by the secretary for the administration of programming of the commission in accordance with R.S. 47:1061.
Added by Acts 1980, No. 629, §2; Acts 2022, No. 128, §1.
Repealed by Acts 2022, No. 128, §3.
It is the policy of this state to secure the rights of persons with hearing loss who cannot readily understand or communicate in spoken languages and who consequently cannot equally participate in or benefit from proceedings, programs, and activities of the courts, legislative bodies, administrative agencies, licensing commissions, departments, and boards of the state and its subdivisions unless qualified interpreters/transliterators are available to facilitate communication.
Added by Acts 1982, No. 135, §1; Acts 2017, No. 146, §11.
As used in this Chapter:
(1) "Appointing authority" means the presiding officer or similar official of any court, board, commission, authority, department, agency, legislative body or of any proceeding of any nature where a qualified interpreter/transliterator is required pursuant to this Chapter.
(2) "Intermediary interpreter/transliterator" means any person, including any person who is deaf or hard of hearing, who is able to assist in providing an accurate interpretation between spoken English and sign language or between variants of sign language by acting as an intermediary between a person who is deaf or hard of hearing and a qualified interpreter/transliterator. The intermediary interpreter/transliterator may be needed for non-manual persons who are deaf or hard of hearing and shall be provided.
(3) "Interpreter/transliterator" means a facilitator of communication among persons with hearing and persons who are deaf or hard of hearing as provided in R.S. 46:2365 and 2368.
(4) A "person who is deaf or hard of hearing" means a person who, because of hearing loss, has difficulty understanding the communication occurring.
(5) "Qualified interpreter/transliterator" means any person certified by the Registry of Interpreters for the Deaf, or in the event an interpreter/transliterator so certified is not available, one whose qualifications are such that he is able to accurately communicate with and convey information to and from the person who is deaf or hard of hearing.
(6) "Quasi-judicial proceeding" means any proceeding of a public administrative office or body which is required to investigate facts, ascertain the existence of facts, hold hearings, and draw conclusions from them as a basis for their official action, and to exercise discretion of a judicial nature.
Added by Acts 1982, No. 135, §1; Acts 2017, No. 146, §11.
The right of a person who is deaf or hard of hearing to the services of an interpreter/transliterator may not be waived except by a person who is deaf or hard of hearing who requests a waiver. The failure of the person who is deaf or hard of hearing to request the services of an interpreter/transliterator is not deemed a waiver of that right.
Added by Acts 1982, No. 135, §1; Acts 2017, No. 146, §11.
A. Whenever a person who is deaf or hard of hearing is a party or witness at any stage involving direct communication with persons who are deaf or hard of hearing or his legal representative or custodian during any judicial or quasi-judicial proceeding in this state or in its political subdivisions, including but not limited to proceedings of civil and criminal court, grand jury, before a magistrate, juvenile, adoption, mental health commitment, and any proceeding in which a person who is deaf or hard of hearing may be subjected to confinement or criminal sanction, the appointing authority shall appoint and pay for a qualified interpreter/transliterator to interpret or transliterate the proceedings to the person who is deaf or hard of hearing and to interpret or transliterate the testimony of the person who is deaf or hard of hearing.
B. Whenever a juvenile whose parent is deaf or hard of hearing is brought before a court for any reason, the court shall appoint and pay for a qualified interpreter/transliterator to interpret or transliterate the proceedings to the deaf or hard of hearing parent and to interpret or transliterate that parent's testimony.
C. If any hearing or proceeding of any department, board, licensing authority, commission, or administrative agency of the state or of its political subdivision is held, the appointing authority shall appoint and pay for a qualified interpreter/transliterator for deaf or hard of hearing participants.
D. Whenever a person who is deaf or hard of hearing is a witness before any legislative committee or subcommittee, or legislative research or study committee, or subcommittee or commission authorized by the state legislature or by the legislative body of any political subdivision of the state, the appointing authority shall appoint and pay for a qualified interpreter/transliterator to interpret/transliterate the proceedings to the person who is deaf or hard of hearing and to interpret/transliterate that person's testimony.
E.(1) Whenever a person who is deaf or hard of hearing is arrested for an alleged violation of a criminal law, including a local ordinance, the arresting officer shall procure and the court with jurisdiction over the alleged violation shall pay for a qualified interpreter/transliterator for any interrogation, warning, notification of rights, or taking of a statement.
(2) No person who is deaf or hard of hearing who has been arrested and who is otherwise eligible for release shall be held in custody pending arrival of an interpreter/transliterator.
(3) No answer, statement, or admission, written or oral, made by a person who is deaf or hard of hearing in reply to a question of a law enforcement officer or any other person having a prosecutorial function in any criminal proceeding may be used against that person who is deaf or hard of hearing unless either the statement was made or elicited through a qualified interpreter/transliterator and was made knowingly, voluntarily, and intelligently or, in the case of waiver of interpreters/transliterators, unless the court makes a special finding that any statement made by the person who is deaf or hard of hearing was made knowingly, voluntarily, and intelligently.
F. Where it is the policy and practice of a court of this state or of its political subdivisions to appoint counsel for indigent persons, the appointing authority shall appoint and pay for a qualified interpreter/transliterator for indigent people who are deaf or hard of hearing to assist in communication with counsel in all phases of the preparation and presentation of the case.
Added by Acts 1982, No. 135, §1. Acts 1984, No. 425, §1; Acts 2017, No. 146, §11.
A. Before appointing an interpreter/transliterator, the appointing authority shall make a preliminary determination based on the needs of the person who is deaf or hard of hearing and upon the recommendation of the Louisiana Commission for the Deaf. If the interpreter/transliterator is not able to facilitate effective communication with the person who is deaf or hard of hearing, the appointing authority shall provide another qualified interpreter/transliterator.
B. Upon request of the person for whom the interpreter/transliterator is appointed, or on the appointing authority's own motion, an interpreter/transliterator may be removed for the inability to communicate with the person who is deaf or hard of hearing, or if, for reasonable cause, another interpreter/transliterator is so desired by the person who is deaf or hard of hearing for whom the interpreter/transliterator is serving.
Added by Acts 1982, No. 135, §1; Acts 2017, No. 146, §11.
If a qualified interpreter/transliterator is unable to render a satisfactory interpretation/transliteration without the aid of an intermediary interpreter/transliterator, the appointing authority shall appoint and pay for an intermediary interpreter/transliterator to assist the qualified interpreter/transliterator, subject to the same provisions that govern a qualified interpreter/transliterator under this Chapter.
Added by Acts 1982, No. 135, §1.
Whenever an interpreter/transliterator is required to be appointed under this Chapter, the appointing authority shall not commence proceedings until the appointed interpreter/transliterator is in full view of and spatially situated to assure effective communication with the deaf or hard of hearing participant.
Added by Acts 1982, No. 135, §1; Acts 2017, No. 146, §11.
A. The Louisiana Commission for the Deaf shall establish, maintain, update, and distribute a list of qualified interpreters/transliterators. The commission shall obtain the names of interpreters for this list from the Louisiana Registry of Interpreters for the Deaf and other appropriate sources, such as National Registry of Interpreters for the Deaf, Louisiana School for the Deaf, and Louisiana Association of the Deaf.
B. Whenever an interpreter/transliterator is required pursuant to this Chapter, the appointing authority shall use one of the interpreters/transliterators on the Louisiana Commission for the Deaf list. If none of the listed interpreters/transliterators is available or is able to provide effective communication with the particular person who is deaf or hard of hearing, then the appointing authority shall appoint any other person who is able to accurately communicate with and convey information to and from the particular person involved who is deaf or hard of hearing.
Added by Acts 1982, No. 135, §1; Acts 2017, No. 146, §11.
Before he begins to interpret or transliterate, every interpreter/transliterator appointed under this Chapter shall take an oath that he will make a true interpretation/transliteration in an understandable manner to the best of his skills and judgment.
Added by Acts 1982, No. 135, §1.
An interpreter/transliterator appointed under this Chapter is entitled to a reasonable fee for his services, including waiting time and reimbursement for necessary travel and subsistence expenses. The Louisiana Commission for the Deaf may pay the fee for such services which shall be based on the fee schedule for interpreters/transliterators established by the commission, however, in any judicial proceeding the fee shall be fixed by the court. Reimbursement for necessary travel and subsistence expenses shall be at rates provided by law for state employees generally.
Added by Acts 1982, No. 135, §1; Acts 1985, No. 1021, §1.
No interpreter/transliterator for the deaf is permitted, without consent of the person making the communication, to disclose any communication made in confidence by one seeking situation specific service, or any information that may have been obtained by reason of being such interpreter/transliterator.
Added by Acts 1982, No. 135, §1. Acts 1988, No. 922, §1.
The appointing authority, on his own motion or on the motion of a party to the proceedings, may order that the testimony of the person who is deaf or hard of hearing and the interpretation/transliteration thereof be electronically or visually recorded for use in verification of the official transcript of the proceedings.
Added by Acts 1982, No. 135, §1; Acts 2017, No. 146, §11.
REPEALED BY ACTS 1992, NO. 984, §18.
Repealed by Acts 2014, No. 811, §34, eff. June 23, 2014.
REPEALED BY ACTS 1992, NO. 984, §18.
Repealed by Acts 2014, No. 811, §34, eff. June 23, 2014.
Repealed by Acts 2014, No. 811, §34, eff. June 23, 2014.
Repealed by Acts 2014, No. 811, §34, eff. June 23, 2014.
Repealed by Acts 2014, No. 811, §34, eff. June 23, 2014.
Repealed by Acts 2014, No. 811, §34, eff. June 23, 2014.
A. The legislature hereby declares that the increasing incidence of child abuse and its attendant human and financial cost to the citizens of Louisiana require that the prevention of child abuse and neglect be identified as a priority within the juvenile service system of this state. It is the intent of the legislature that a comprehensive approach to the prevention of child abuse and neglect be developed for the state, and that this planned, comprehensive approach be used as a basis for funding of programs and services for the prevention of child abuse and neglect statewide.
B. This Chapter may be cited as the "Children's Trust Dedicated Fund Account Act".
Acts 1987, No. 932, §1, eff. July 20, 1987; Acts 2021, No. 114, §18, eff. July 1, 2022.
Except where the context clearly indicates otherwise, in this Chapter:
(1) "Account" means the Louisiana Children's Trust Dedicated Fund Account established by R.S. 46:2403.
(2) "Board" means the Louisiana Children's Trust Fund Board.
(3) "Cabinet" means the Children's Cabinet, as provided for in R.S. 46:2601 et seq.
(4) "Child abuse prevention" means services and programs funded through the Children's Trust Dedicated Fund Account which are designed to prevent the occurrence or recurrence of child abuse and neglect as defined in Children's Code Article 603. Except for those provided in this Chapter and except for the purpose of planning and coordination pursuant to the provisions of this Chapter, the services and programs of the Department of Children and Family Services which are mandated by state law or state appropriation, or which are required for receipt of federal funds, shall not be subject to the provisions of this Chapter.
(5) "Director" means the executive director of the Louisiana Children's Trust Fund Board.
(6) "Office" means the office of the governor.
(7) "Primary prevention" means programs and services designed to promote the general welfare of children and families.
(8) "Secondary prevention" means the identification of children who are in circumstances where there is a high risk that abuse will occur and assistance is necessary and appropriate to prevent abuse and neglect from occurring.
(9) "Tertiary prevention" means those services provided after abuse or neglect has occurred which are designed to prevent the recurrence of abuse or neglect.
Acts 1987, No. 932, §1, eff. July 20, 1987; Acts 2013, No. 220, §20, eff. June 11, 2013; Acts 2014, No. 791, §17; Acts 2017, No. 237, §2; Acts 2018, No. 206, §5; Acts 2021, No. 114, §18, eff. July 1, 2022.
A. There is hereby established a special statutorily dedicated fund account in the state treasury to be known as the "Children's Trust Dedicated Fund Account", hereafter referred to in this Section as the "account", consisting of monies provided by the legislature and monies received from any other sources, including funds derived from donations of income tax refunds as provided in R.S. 47:120.35 and funds derived from fees as provided in Subsection B of this Section. The legislature shall make yearly appropriations to the account for the purposes set forth in this Chapter to the extent that state funds are available. Monies deposited into the account shall be categorized as fees and self-generated revenue for the sole purpose of reporting related to the executive budget, supporting documents, and general appropriation bills and shall be available for annual appropriation by the legislature.
B. In addition to the fees collected for issuance of a short form birth certification card and for issuance of a certified copy of an original birth record or "long form" copy, the office of public health of the Louisiana Department of Health shall collect an additional fee of four dollars upon the filing of each request. The office of public health shall remit the total amount of such additional fees to the state treasurer on a monthly basis, in accordance with rules and regulations of the state treasurer.
C. Subject to the exceptions contained in Article VII, Section 9(A) of the Constitution of Louisiana, all such additional fees collected as provided in Subsection B of this Section shall be paid into the state treasury and shall be credited to the Bond Security and Redemption Fund. Out of the funds remaining in the Bond Security and Redemption Fund after a sufficient amount is allocated from that fund to pay all obligations secured by the full faith and credit of the state which become due and payable within any fiscal year, the treasurer shall, prior to placing such remaining funds in the state general fund, pay into the account an amount equal to the total amount of the additional birth certificate fees paid into the treasury pursuant to Subsection B of this Section.
D.(1) The monies in the account shall be used solely for programs designed to prevent the physical and sexual abuse and gross neglect of children. Disbursement of the amount appropriated each year shall be made as determined by the Children's Cabinet with consideration of recommendations made by the Children's Trust Fund Board. All unexpended and unencumbered monies in the account at the end of the fiscal year shall remain to the credit of the account.
(2) Outreach, communications, and other efforts to raise public awareness concerning the Safe Haven Law relative to infant relinquishment, Children's Code Article 1149 et seq., are hereby declared to be consistent with the purposes of this Subsection, and are hereby deemed to qualify as programs eligible for funding pursuant to the provisions of this Chapter.
E. The Children's Cabinet shall determine the eligibility of programs to receive funding based upon a nonbiased system of scoring by volunteer grant reviewers and recommendations by the Children's Trust Fund Board, and the administration of the account shall be exercised by the office in accordance with the directives of the cabinet and the provisions of R.S. 36:4(B)(17) and R.S. 46:2407.
Acts 1987, No. 932, §1, eff. July 20, 1987; Acts 1992, No. 900, §1, eff. July 1, 1993; Acts 1996, No. 9, §1; Acts 2015, No. 223, §2; Acts 2017, No. 237, §2; Acts 2021, No. 114, §§12, 18, eff. July 1, 2022; Acts 2022, No. 623, §6, eff. July 1, 2022.
A. There is hereby established the Louisiana Children's Trust Fund Board within the office, which shall serve as a subcommittee of the Children's Cabinet.
B.(1) The Louisiana Children's Trust Fund Board shall be composed of fifteen members as follows:
(a) The executive director of the Children's Cabinet, or his designee.
(b) The assistant secretary of child welfare of the Department of Children and Family Services, or his designee.
(c) The assistant secretary of the office of juvenile justice of the Department of Public Safety and Corrections, or his designee.
(d) A representative of each of the following, appointed by the governor, subject to Senate confirmation:
(i) The Department of Education.
(ii) The religious community.
(iii) The university community.
(iv) The early childhood community.
(e) One member appointed by the governor, subject to Senate confirmation, from each of eight lists of three names, one such list to be submitted by each of the following:
(i) The Louisiana State Medical Society.
(ii) The Louisiana Council of Juvenile and Family Court Judges.
(iii) The Louisiana State Bar Association.
(iv) The Louisiana Chapter of the National Association of Social Workers.
(v) The Louisiana Association of Chamber of Commerce Executives.
(vi) The Louisiana Psychological Association.
(vii) The Louisiana State Conference of the National Association for the Advancement of Colored People.
(viii) The National Business League, New Orleans Chapter.
(2) In making his appointments as provided in this Subsection, the governor shall provide for geographic representation of all areas of the state and for representation of minority groups.
C. The terms of office of appointed members of the board shall be four years, except that the governor shall appoint the original members as follows: seven members for a term of four years and six members for a term of two years. A vacancy shall be filled by appointment for the remainder of the unexpired term.
D.(1) The board shall meet and organize immediately after appointment of the members and shall elect from its membership a chairman and such other officers as it deems necessary whose duties shall be those customarily exercised by such officers. The director of the board shall serve as secretary of the board. The board shall adopt rules for the transaction of its business and shall keep a record of its resolutions, transactions, findings, and determinations. A majority of the individuals appointed to the board shall constitute a quorum. Members shall serve without compensation but shall be reimbursed for travel expenses incurred in attendance at meetings of the board.
(2) The treasurer shall keep full and accurate financial records, make periodic reports to the board, and shall submit a complete annual report, in writing, to the board. The board shall not authorize reports and recommendations which include the issue, publication, or distribution of general information documents or pamphlets, which are published on a regular basis and are generally known as newsletters.
E. The board shall meet at least once in each quarter of the fiscal year, and as often thereafter as shall be deemed necessary by the chairman.
F. The domicile of the board shall be East Baton Rouge Parish.
G. The board shall make recommendations to the Children's Cabinet on the following:
(1) Rules and regulations necessary to implement the provisions of this Chapter.
(2) The comprehensive state plan for child abuse prevention, as provided in R.S. 46:2406 and funded through the Children's Trust Dedicated Fund Account.
(3) Funding amounts of grant proposals from the account for child abuse and neglect prevention programs as provided in R.S. 46:2407.
(4) Budget requests for the board that if approved by the cabinet shall be presented by the executive director of the cabinet to the office of the governor and the executive budget office.
(5) The development and quality of services and child abuse prevention programs funded through the Children's Trust Dedicated Fund Account.
H. The board shall prepare and submit to the cabinet for review an annual report regarding the status of the account that, once approved by the cabinet, shall be submitted to the legislature sixty days prior to each regular legislative session.
Acts 1987, No. 932, §1, eff. July 20, 1987; Acts 1988, No. 698, §1, eff July 15, 1988; Acts 1992, No. 297, §5; Acts 1999, No. 799, §1, eff. July 2, 1999; Acts 2008, No. 565, §7; Acts 2017, No. 237, §2; Acts 2021, No. 114, §18, eff. July 1, 2022.
NOTE: See Acts 1988, No. 698, §2.
A. The board, with the approval of the executive director of the Children's Cabinet, shall appoint an executive director for the board who shall be in the unclassified service and who shall report to the executive director of the Children's Cabinet.
B. Repealed by Acts 2017, No. 237, §3.
C. The executive director of the board shall perform duties and functions as required by the board and under the direction of the executive director of the cabinet.
Acts 1987, No. 932, §1, eff. July 20, 1987; Acts 2013, No. 220, §20, eff. June 11, 2013; Acts 2017, No. 237, §§2, 3.
Repealed by Acts 2022, No. 252, §4.
A. The board shall make recommendations to the cabinet regarding the comprehensive state plan for child abuse prevention programs.
B. The cabinet shall transmit the comprehensive state plan for child abuse prevention programs funded through the Children's Trust Dedicated Fund Account to the governor, the president of the Senate, and the speaker of the House of Representatives every five years beginning on January 1, 2018, and shall review the plan for necessary changes annually.
C. The plan shall include but not be limited to the following:
(1) An analysis of service and program needs.
(2) Specific proposals for plan implementation, including efficient use of the Children's Trust Dedicated Fund Account staff, funds, and resources on the state level and improvement in the coordination and integration of state goals, activities, and funds for programs for child abuse prevention.
D. The board shall recommend rules to the cabinet that establish procedures for preparation and adoption of the plan.
E. Prior to adoption of the state plan, the cabinet shall submit the plan it proposes to adopt to the Senate and House committees on health and welfare for approval as provided in R.S. 49:966. The comprehensive state plan shall be subject to approval as provided in R.S. 49:966.
F. The board shall review the state plan at least biennially and make recommendations to the cabinet regarding any needed revision.
G. The Department of Children and Family Services, the Department of Public Safety and Corrections, and the Department of Education shall participate and cooperate in the development of the state plan as deemed necessary by the cabinet.
Acts 1987, No. 932, §1, eff. July 20, 1987; Acts 2017, No. 237, §2; Acts 2021, No. 114, §18, eff. July 1, 2022.
A. The cabinet shall identify the amount of funds necessary for the implementation of this Chapter.
B. Monies appropriated or otherwise made available to the cabinet to implement the provisions of this Chapter shall be disbursed as follows:
(1) The cabinet shall adopt a formula based on a recommendation by the board for the distribution of funds from the Children's Trust Dedicated Fund Account for programs and services for child abuse prevention which shall provide for the allocation of funds in each state planning district based upon the percentage of the total state reported cases of abuse and neglect reported in the state planning district and the percentage of the total state population under the age of eighteen years and upon the service and program needs of the district and the comprehensive state plan.
(2) Any funds which are not utilized within a state planning district shall be reallocated to the remaining districts in accordance with the formula required by Paragraph (1) of this Subsection.
(3) Ten percent of the amount appropriated to the cabinet may be used for administrative costs of the board.
C. Appropriations made for distribution by the cabinet for programs and services shall be deposited in the account and shall be disbursed by the office in accordance with directives of the cabinet.
D.(1) The board shall develop and, once approved by the cabinet, publish solicitations for grant proposals for grants to be funded from the Louisiana Children's Trust Dedicated Fund Account for child abuse prevention programs and services which are designed to meet identified priorities.
(2) Priorities shall be based upon information contained in the comprehensive state plan.
(3) A priority ranking shall be made based upon the extent to which a proposal meets identified needs, criteria for cost effectiveness, an evaluation component providing outcome data, and a determination that the proposal provides a mechanism for coordinating and integrating preventive services with other services deemed necessary for working effectively with families who are at risk of child abuse or neglect. Priority shall be given to primary and secondary prevention programs and services.
E. The board shall review and evaluate all proposals submitted for funding and services and make recommendations to the cabinet regarding grant awards. The cabinet shall make the final approval of grant awards.
F. All budget requests submitted by any private nonprofit agency to the legislature for funding of programs related to child abuse prevention shall conform to the application process and any subsequent revision of the plan adopted pursuant to the provisions of this Chapter.
Acts 1987, No. 932, §1, eff. July 20, 1987; Acts 2017, No. 237, §2; Acts 2021, No. 114, §18, eff. July 1, 2022.
Except where the context clearly indicates otherwise in this Chapter:
(1) "Court" means any court which is exercising juvenile jurisdiction pursuant to the Constitution of Louisiana and the Children's Code. If any court is comprised of separate divisions or sections, each such division or section shall be deemed a court for the purposes of this Chapter. Where applicable, "court" shall refer to the particular court which exercises juvenile jurisdiction over the child whose case is to be reviewed.
(2) "Department" means the Department of Children and Family Services.
(3) "Foster care" means the provision of temporary twenty-four hour care for a child for a planned period of time, when the child is placed away from his parents or other person acting as his parent, and when the child is placed in a foster family home, group home, or other child caring facility, but remains under the supervision of the department.
(4) "Mature child" means a child who is able to understand the circumstances and implications of the situation in which he is involved and is able to participate in the decision-making process without excessive anxiety or fear. A child who is fourteen years of age or older is presumed to be a mature child.
(5) "Parent" means the biological or adoptive parent whose parental rights toward the child have not been terminated.
(6) "Records" means any information in written form, pictures, photographs, charts, graphs, recordings, or documents pertaining to the case being reviewed.
Added by Acts 1983, No. 610, §1, eff. July 1, 1984; Acts 2021, No. 158, §6.
In each judicial district there shall be created at least one local citizen review board for every one hundred children referred to in R.S. 46:2417. Each such local citizen review board shall be composed of five members appointed by the court. The court may authorize the creation of additional local citizen review boards as needed.
Added by Acts 1983, No. 610, §1; eff. July 1, 1984.
A. Each local citizen review board shall be appointed according to the following guidelines:
(1) Members of each local citizen review board shall be recruited from the professions of law, medicine, psychology, social work, and education, from foster and adoptive parents, and from other groups with special knowledge and interest. All members of each local citizen review board shall have a demonstrated interest in foster care or child welfare.
(2) Members of each local citizen review board shall, as far as practicable, represent the various socioeconomic and ethnic groups of the area served.
(3) No person employed by the department, by any private agency regulated by the department, or by any juvenile court shall serve on any local citizen review board.
(4) Of the initial appointees to each local citizen review board, one member shall be appointed to serve a term of one year, two members shall be appointed to serve terms of two years, and two members shall be appointed to serve terms of three years. All subsequent local citizen review board members shall serve terms of three years, except that if a vacancy occurs, a successor shall be appointed to serve the unexpired term. The term of each member shall expire on August first of the appropriate year. Members may be reappointed and shall continue to serve until a successor is appointed.
B. Local citizen review board members may be removed by the state board or by a majority of local citizen review board members, pursuant to rules established by the state board, for nonparticipation or for other cause. The appointing court may remove local citizen review board members for cause.
C. Each local citizen review board shall annually elect from its membership a chairman and a vice-chairman to serve in the absence of the chairman.
D. Each local citizen review board shall meet at a place agreed to by a majority of the board as often as it deems necessary to carry out the duties of the board. A local citizen review board shall meet no less than six times annually.
E. Each local citizen review board shall be domiciled within the judicial district. The local citizen review board shall notify the judicial district court, the department, and the clerk or clerks of court for the judicial district of its mailing address and its officers.
Added by Acts 1983, No. 610, §1; eff. July 1, 1984.
A. Members of local citizen review boards shall receive compensation only for mileage costs and to the extent that the legislature appropriates funds for such costs.
B. Secretarial and support services for each local citizen review board shall be provided by the staff of the state citizen review board.
Added by Acts 1983, No. 610, §1; eff. July 1, 1984.
A. Prior to reviewing cases pursuant to R.S. 46:2420, all persons appointed to serve as local citizen review board members shall participate in a training program established and approved by the state citizen review board or its staff. Each local citizen review board member shall receive at least eight hours of initial training, to be followed by at least eight hours of training for each year thereafter.
B. Training shall be made available to each local citizen review board member within thirty days of the member's appointment.
Added by Acts 1983, No. 610, §1; eff. July 1, 1984.
Before beginning to serve on a local citizen review board, each member shall promise by oath to the court to keep confidential the information reviewed by the board and its actions and recommendations in individual cases. Members of local citizen review boards shall be subject to the penalties set forth in R.S. 46:56.
Added by Acts 1983, No. 610, §1; eff. July 1, 1984.
A. The clerk of the court shall forward to the local citizen review board, within ten days:
(1) A copy of each judgment of disposition for a child who has been adjudicated to be in need of care and whose custody is awarded to the department.
(2) A copy of the informal adjustment for each child placed in the custody of the department as the result of a child in need of care proceeding.
B. Whenever a child has been removed from his home and placed in foster care pursuant to a child in need of care proceeding and no judgment of disposition or informal adjustment has been entered within one hundred and twenty days of placement, the department shall notify the local citizen review board that the child is in foster care.
C. Whenever a child has been placed in the custody of the department, voluntarily and not through a court proceeding, for reasons other than delinquency or need of supervision, as defined in the Children's Code, the department shall, within ten days, forward a copy of the placement agreement to the clerk of court in the judicial district where the child is located. The clerk of the court shall forward the placement agreement to a local citizen review board appointed by the court. If a judicial proceeding is subsequently commenced in another court, the citizen review board shall forward to the court where proceedings are pending all documents, records, and written information in its possession relative to the case. The receiving court shall make and retain additional copies of the case permanency plan, case progress reports, and observations and recommendations of the local citizen review board and shall assign the case and forward all documents, records, and written information to a new local board.
Added by Acts 1983, No. 610, §1; eff. July 1, 1984; Acts 2021, No. 158, §6.
REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
The foster parents, agency, and institution, if any, who are directly responsible for the care or placement of the child shall prepare progress reports in accordance with the forms and instructions of the state citizen review board and shall file such reports within five days of a written request by the state citizen review board or local citizen review board. The state or local board shall request such progress reports no later than twenty days before the review conducted pursuant to R.S. 46:2422. The department shall within five business days of a request, provide the state or local board with the identity, telephone number, and address, of such foster parents, agency, and institution.
Added by Acts 1983, No. 610, §1; eff. July 1, 1984.
A. Each local citizen review board shall have access to any records of the court, the department, and any agency or institution directly responsible for care or placement of the child, which pertain to the child assigned to the local board for review or to his parents, or contain information relevant to planning or providing assistance or services to the child or family.
B. All requested records not already before the local citizen review board, when requested, shall be submitted by the organization in possession of the records within five working days of receipt of the request. Copies may be sent in lieu of originals.
C. Should the local citizen review board be denied access to requested records, it may request the court to hold a hearing, at which time the court shall require the organization in possession of the records to show cause why the records should not be surrendered as provided by this Section.
Added by Acts 1983, No. 610, §1; eff. July 1, 1984.
REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
In addition to reviewing individual cases of children, local citizen review boards may make recommendations to the court and the department and shall, when requested, forward recommendations to the state citizen review board concerning foster care services, policies, procedures, and laws.
Added by Acts 1983, No. 610, §1; eff. July 1, 1984.
A. There is hereby created a state citizen review board. The state citizen review board shall consist of seven persons to be appointed by the governor, at least four of whom shall be members of local citizen review boards. Employees of the department and agencies regulated by the department shall be prohibited from serving on the state citizen review board. The remaining members shall have a demonstrated interest in foster care or child welfare.
B. Of the initial appointees, one member shall be designated to serve a term of one year, three members to serve a term of two years, and three members to serve a term of three years. All subsequent board members shall serve a term of three years. In the event a vacancy occurs a successor shall be appointed to serve the unexpired term.
C. The term of each member shall expire on August first of the appropriate year. Members may be reappointed and shall continue to serve until a successor is appointed.
D. The state citizen review board shall annually elect a chairman and a vice-chairman. The vice-chairman shall serve in the absence of the chairman.
E. The state citizen review board shall meet at a place designated by the governor at least twice annually, and more frequently upon the call of the chairman, or as the board shall determine.
F. Members of the state citizen review board shall receive compensation only for travel mileage cost and overnight lodging at a rate consistent with that provided to state employees under state law, to the extent that the legislature appropriates funds for such costs.
Added by Acts 1983, No. 610, §1; eff. July 1, 1984.
The duties and powers of the state citizen review board shall be to:
(1) Establish and approve procedures, operations, and training programs for local citizen review board members.
(2) Review and coordinate the activities of local citizen review boards.
(3) Establish reporting procedures to be followed by the local citizen review boards to provide data for the evaluation of this Chapter.
(4) Establish procedures and assist local boards in making requests for records and information pursuant to R.S. 46:2421, for requesting employees to be present at the review pursuant to R.S. 46:2422(C), and for notification of participants pursuant to R.S. 46:2422(D) and R.S. 46:2422(G).
(5) Employ staff and support services.
(6) Evaluate and make annual recommendations to the governor, the legislature, and the public regarding:
(a) State laws, policies, and practices affecting permanence and appropriate care for children in the custody of the department.
(b) The effectiveness or lack thereof of local citizen review boards in bringing about permanence and other improvements.
Added by Acts 1983, No. 610, §1; eff. July 1, 1984.
A. Operational costs for the local and state citizen review board may be provided by the state legislature.
B. The state citizen review board may receive additional state or federal funds for the board's activities.
Added by Acts 1983, No. 610, §1; eff. July 1, 1984.
REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
The provisions of this Chapter relative to the establishment and operation of the local and state citizen review boards shall become effective at such time as funds are appropriated by the legislature and become available for the application of the provisions of this Chapter.
Acts 1986, No. 79, §1.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2001, No. 1185, §10, eff. July 1, 2002.
Repealed by Acts 2001, No. 1185, §10, eff. July 1, 2002.
Repealed by Acts 2001, No. 1185, §10, eff. July 1, 2002.
Repealed by Acts 2015, No. 401, §6(B).
Repealed by Acts 2015, No. 401, §6(B).
Repealed by Acts 2015, No. 401, §6(B).
Repealed by Acts 2015, No. 401, §6(B).
Repealed by Acts 2015, No. 401, §6(B).
Repealed by Acts 2015, No. 401, §6(B).
Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005.
Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005.
Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005.
Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005.
There is hereby created the office on women's policy within the office of the governor. The office shall exercise the powers and duties hereinafter set forth or otherwise provided by law. The office shall be administered by an executive director who shall be appointed by the governor, subject to confirmation by the Senate, to serve at his pleasure. The executive director shall employ necessary staff to carry out the duties and functions of the office as provided in this Chapter or as otherwise provided by law.
Acts 1985, No. 772, §1, eff. July 19, 1985; Acts 2003, No. 668, §2, eff. June 27, 2003; Acts 2010, No. 774, §1, eff. June 30, 2010.
The office shall have the following powers and duties:
(1) To collect facts and statistics and make special studies of conditions pertaining to the employment, health, safety, and financial status of women, and which otherwise affect the welfare of women.
(2) To develop and implement a comprehensive strategic plan to address the employment, health, safety, and financial status of women, and which otherwise affect the welfare of women.
(3) To evaluate the effectiveness and efficiency of programs that provide services to women.
(4) To keep abreast of the latest developments concerning women in Louisiana and throughout the nation for public information and to advise state agencies.
(5) To keep abreast of federal funds and other funding sources available for services and programs to women and to assist state departments and agencies in drafting plans to maximize use of such funds.
(6) To provide technical assistance to the Women's Policy and Research Commission.
(7) To maintain a current listing of public and private women's organizations and agencies throughout the state.
(8) To maintain a current listing for the governor, other elected officials and nominating entities or officials, of women qualified to serve in administrative positions or on boards and commissions, which shall be circulated monthly to such elected and nominating officials.
(9) To request data and assistance from state departments or agencies of the state related to the welfare of women. When the office on women's policy requests a state department or agency to provide needed data or assistance, the department shall give priority to such request and shall provide such data or assistance as requested. The office on women's policy shall maintain the confidentiality of any information or records provided to it, as required by laws relative to such records and information.
(10) To perform the functions reasonably necessary to accomplish the purposes for which the office is created.
(11) Repealed by Acts 2009, No. 409, §7, effective July 1, 2009.
Acts 1985, No. 772, §1, eff. July 19, 1985; Acts 2003, No. 668, §2, eff. June 27, 2003; Acts 2009, No. 409, §7, eff. July 1, 2009.
Repealed by Acts 2003, No. 668, §4, eff. June 27, 2003.
The budget of the governor's office on women's policy shall be submitted to the governor by the director for approval by the division of administration and the Joint Legislative Committee on the Budget.
Acts 1985, No. 772, §1, eff. July 19, 1985; Acts 2003, No. 668, §2, eff. June 27, 2003.
A. The Louisiana Women's Policy and Research Commission (hereafter "commission") is established in the executive department, governor's Office on Women's Policy.
B. The duties of the commission shall include but are not limited to the following:
(1) Advising the governor, through the executive director of women's policy, on the particular hardships, concerns, and needs that challenge women in Louisiana and their possible solutions.
(2) Identifying and analyzing trends that negatively impact the health and prosperity of women in Louisiana.
(3) Monitoring the status of women in Louisiana for the purpose of evaluating their economic, educational, health concerns, needs, and hardships.
C. The commission shall submit detailed annual reports to the governor, through the executive director of women's policy, which address the issues set forth in Subsection B of this Section.
D. The commission shall consist of a maximum of twenty-five members. The thirteen members serving pursuant to Paragraph (12) of this Subsection shall be appointed by the governor, subject to Senate confirmation, and serve terms concurrent with the appointing governor. The commission shall be reflective of all geographic regions of the state and, as much as possible, shall consist of the following members:
(1) The commissioner of administration or the commissioner's designee.
(2) The secretary of the Department of Children and Family Services or the secretary's designee.
(3) The secretary of the Louisiana Department of Health or the secretary's designee.
(4) The superintendent of the Department of Education or the superintendent's designee.
(5) The secretary of Louisiana Works or the secretary's designee.
(6) The executive director of the Office on Women's Policy or the executive director's designee.
(7) The executive director of the Children's Cabinet or the executive director's designee.
(8) Two members of the Women's Legislative Caucus.
(9) The commissioner of higher education or the commissioner's designee.
(10) The chairperson of the Women's Legislative Caucus or her designee.
(11) The secretary of Louisiana of Economic Development or the secretary's designee.
(12) Thirteen Louisiana women who have significant academic or professional expertise in one or more of the following areas:
(a) Business or industry.
(b) Economics.
(c) Education.
(d) Demographics.
(e) Public health.
(f) Law.
(g) Social science and/or social work.
(h) Violence against women.
(i) Gender studies.
(j) Youth organization focused solely on girls.
(k) Women’s organization.
E. The governor shall appoint the chairperson of the commission from its membership. All other officers shall be elected by the membership of the commission.
F. The commission shall meet at regularly scheduled intervals and at the call of the chairperson.
G. Support staff for the commission and facilities for its meetings shall be provided by the governor's Office on Women's Policy.
H. Commission members shall not receive additional compensation, a per diem, or travel expenses from the Office on Women's Policy.
Acts 2003, No. 668, §2, eff. June 27, 2003; Acts 2004, No. 518, §1; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2010, No. 774, §1, eff. June 30, 2010; Acts 2010, No. 774, §1, eff. June 30, 2010; Acts 2010, No. 877, §3, eff. July 1, 2010.
Repealed by Acts 2008, No. 815, §5.
A. The office on women's health and community health is hereby created in the Louisiana Department of Health. The office shall only provide services to a woman born as a biological female and perform the duties and functions assigned to it in Subsection C of this Section or as otherwise provided by law with a focus on all of the following:
(1) Health needs throughout a woman's life.
(2) Chronic or acute conditions that significantly affect women, such as heart disease, cancer, obesity, and osteoporosis.
(3) Access to health care for women.
(4) The impact of poverty on women's health.
(5) The leading causes of morbidity and mortality for women.
(6) Health disparities of women and communities.
B. The office on women's health and community health shall be under the immediate supervision of an assistant secretary appointed by the governor in accordance with the provisions of R.S. 36:257. The assistant secretary shall employ necessary staff to carry out the duties and functions of the office as provided in this Section or as otherwise provided by law.
C. In carrying out its purposes as provided for in R.S. 36:258, the office on women's health and community health shall do all of the following:
(1) Collect, classify, and analyze relevant information and data resulting from research conducted or compiled by the Louisiana Department of Health or other collaborative entities.
(2) Prepare educational or informative materials regarding women's health for publication and dissemination to the public.
(3) Seek funding through federal sources, grant programs, and other funding opportunities to carry out the duties and functions provided for in this Section which are within the scope and purposes of the office.
D. The office on women's health and community health shall coordinate its activities and programs with those of other entities that focus on women's health or women's issues.
E. The office on women's health and community health shall provide an annual report to the governor, legislature, and secretary of the Louisiana Department of Health recommending priorities and areas of improvement for women's health in Louisiana. The office shall issue the report no later than April first of each year.
F. No person employed by the office on women's health and community health or officially representing the office, by contract or otherwise, shall require or recommend that any woman have an abortion or promote abortion. This Subsection shall not apply to a doctor of medicine, currently licensed by the Louisiana State Board of Medical Examiners pursuant to R.S. 37:1261 et seq., who is acting to save or preserve the life of a pregnant woman. No activities of the office on women's health and community health shall promote abortion.
G. No public funds made available to the office on women's health and community health, whether such funds are made available by the government of the United States, the state of Louisiana, or a local governmental subdivision, or from any other public source, shall be used in any way for, to assist in, to promote, or to provide facilities for an abortion, except for any of the following:
(1) Whenever the abortion is necessary to save the life of the mother.
(2) Whenever the abortion is being sought to terminate a pregnancy resulting from an alleged act of rape and all of the requirements of R.S. 40:1061.18(A) are met.
(3) Whenever the abortion is being sought to terminate a pregnancy resulting from an alleged act of crime against nature as defined by R.S. 14:89(A)(2) and all of the requirements of R.S. 40:1061.18(B) are met.
Acts 2022, No. 676, §2, eff. June 18, 2022.
REPEALED BY ACTS 1992, NO. 984, §18.
REPEALED BY ACTS 1992, NO. 984, §18.
Repealed by Acts 1989, No. 662, §12, eff. Aug. 15, 1989.
REPEALED BY ACTS 1992, NO. 984, §18.
Repealed by Acts 1997, No. 1116, §2.
Repealed by Acts 1997, No. 1116, §2.
Repealed by Acts 1997, No. 1116, §2.
Repealed by Acts 1997, No. 1116, §2.
Repealed by Acts 1997, No. 1116, §2.
A. The legislature hereby recognizes all of the following:
(1) It is imperative to protect and assist the youth of Louisiana if this state is to move forward and realize its potential in the future.
(2) It is imperative to reduce the rate of teen pregnancies and prevent the spread of HIV and other sexually transmitted diseases among the youth of Louisiana in order to build stronger families and a healthier future for Louisiana.
(3) In order to improve the lives of Louisiana families and ensure a better future for youth of Louisiana, it is imperative for state agencies to collaborate to create a comprehensive strategy to reduce the rate of teen pregnancies and prevent the spread of HIV and other sexually transmitted diseases among the youth of Louisiana.
Acts 2014, No. 534, §1.
A. The state superintendent of education, the secretary of the Department of Children and Family Services, and the secretary of the Louisiana Department of Health shall meet together not less than twice annually to review and evaluate the effectiveness of current state programs, including but not limited to sex education provided by public schools, aimed at reducing the rate of teen pregnancy and preventing the spread of HIV and other sexually transmitted diseases among the youth of Louisiana.
B. The state superintendent of education, the secretary of the Department of Children and Family Services, and the secretary of the Louisiana Department of Health shall review and evaluate any programs that are available for implementation in Louisiana to educate the youth of Louisiana about the importance of preventing teen pregnancy and the spread of HIV and other sexually transmitted diseases by providing culturally competent education and outreach.
Acts 2014, No. 534, §1.
The state superintendent of education, the secretary of the Department of Children and Family Services, and the secretary of the Louisiana Department of Health, jointly, shall submit a written report of their findings and recommendations, including proposed legislation if necessary, for a comprehensive strategy to reduce the rate of teen pregnancy and prevent the spread of HIV and other sexually transmitted diseases among the youth of Louisiana on an annual basis to the legislature not later than sixty days prior to the commencement of the regular legislative session. Any recommendations made by the state superintendent of education, the secretary of the Department of Children and Family Services, and the secretary of the Louisiana Department of Health shall be in accordance with the provisions of R.S. 17:281.
Acts 2014, No. 534, §1.
Repealed by Acts 1997, No. 1116, §2.
Repealed by Acts 1997, No. 1116, §2.
Repealed by Acts 1997, No. 1116, §2.
Repealed by Acts 1997, No. 1116, §2.
Repealed by Acts 1997, No. 1116, §2.
Repealed by Acts 1997, No. 1116, §2.
Repealed by Acts 1997, No. 1116, §2.
Repealed by Acts 1997, No. 1116, §2.
Repealed by Acts 1997, No. 1116, §2.
Repealed by Acts 1997, No. 1116, §2.
A.(1) The legislature hereby recognizes that the emergency room at Charity Hospital of Louisiana at New Orleans cannot accommodate the number of patients attempting to seek medical assistance at that facility.
(2) The legislature further recognizes that society must bear the cost of those patients who are turned away when seeking medical attention due to shortages of medical personnel, often returning with more severe symptoms that ultimately cost more to be treated.
(3) The legislature further recognizes that many of the minor symptoms that patients leave without resolving could be handled with an adequate triage team.
(4) The legislature further recognizes that, with objective planning from a medically oriented task force whose sole purpose is to resolve the problems faced by the staff at Charity Hospital of Louisiana at New Orleans on a twenty-four hour basis, major accomplishments may be realized.
B. The legislature declares, therefore, that it is the purpose of this Chapter to create the Task Force for Maximum Utilization of the Emergency Room Facility at Charity Hospital at New Orleans, to develop a comprehensive, coordinated plan to significantly improve emergency health care delivery to reduce deaths and major illnesses seen by the medical staff, and to provide needed guidance to carry out the goals the task force shall recommend.
Acts 1989, No. 294, §1, eff. June 27, 1989.
{{NOTE: R.S. 46:2576 (ACTS 1989, NO. 294) PROVIDED TERMINATION DATE FOR TASK FORCE AS 6/30/90. ACTS 1990, NO. 417, EFF. 7/18/90 PROVIDED TERMINATION DATE OF 6/30/91.}}
[Effective Date: Section terminated June 30, 1991.]
A. The Task Force for Maximum Utilization of the Emergency Room Facility at Charity Hospital at New Orleans, hereafter referred to as the "task force", is hereby created within the Department of Health and Hospitals.
B. The task force shall consist of fifteen members, as follows:
(1) The director of Charity Hospital of Louisiana at New Orleans or his designated staff person.
(2) Five directors or designated staff persons from the greater New Orleans area hospitals, to be appointed by the governor.
(3) The secretary of the Department of Health and Hospitals, or his designated staff person.
(4) A representative of the nursing school at Charity Hospital of Louisiana at New Orleans, to be appointed by the governor.
(5) A representative from the LSU School of Medicine, to be appointed by the governor.
(6) A representative from the Tulane School of Medicine, to be appointed by the governor.
(7) The director of Charity Hospital of Louisiana at New Orleans medical staff, or his representative.
(8) Two elected members of the Louisiana Legislature from the New Orleans area, to be appointed by the governor.
(9) Two appointees at large, to be appointed by the governor.
C. Except as provided in R.S. 46:2572(B)(8), each appointment by the governor is subject to Senate confirmation.
October 1, 1990. At the first meeting of the task force, the members shall elect
a chairman, vice chairman, and other officers as they may deem appropriate.
F. All legislative members of the commission shall receive the same
per diem and travel allowance for attending meetings of the task force or any
meeting thereof as is normally provided for members of the legislature.
G. Members of the task force shall receive no compensation for their services and shall serve at no expense to the state.
H. The task force shall be domiciled in New Orleans but may hold public meetings elsewhere in the state.
I. The task force shall meet at such times and at places as it may designate. Meetings shall be held at the call of the chairman or at the call of a quorum of members upon not less than seven days written notice. The business of the task force may be transacted at any meeting duly called in accordance with this Subsection. A majority of a quorum shall be necessary to transact any business.
Acts 1989, No. 294, §1, eff. June 27, 1989; Acts 1990, No. 417, §1, eff. July 18, 1990.
{{NOTE: R.S. 46:2576 (ACTS 1989, NO. 294) PROVIDED TERMINATION DATE FOR TASK FORCE AS 6/30/90. ACTS 1990, NO. 417, EFF. 7/18/90 PROVIDED TERMINATION DATE OF 6/30/91.}}
[Effective Date: Section terminated June 30, 1991.]
A. The task force shall make a thorough study of the emergency room at Charity Hospital of Louisiana at New Orleans under various circumstances of patient load, acuteness of delivery care, and times of day and week, and shall compile and analyze information derived from the study. It may render objective, fiscally feasible recommendations to the legislature and the governor, for the implementation of policies that could be adopted by Charity Hospital of Louisiana at New Orleans.
B. The task force may perform any of the following duties and functions:
(1) Hold public hearings, conduct investigations, and require the assistance of the staff at Charity Hospital of Louisiana at New Orleans.
(2) Subpoena witnesses, papers, records, documents, and all other data sources relevant to the delivery of health care at the emergency room at Charity Hospital of Louisiana at New Orleans.
(3) Administer oaths or affirmations in its hearings or investigations.
(4) Create committees and subcommittees from its membership as it may deem necessary to accomplish its study.
Acts 1989, No. 294, §1, eff. June 27, 1989.
{{NOTE: R.S. 46:2576 (ACTS 1989, NO. 294) PROVIDED TERMINATION DATE FOR TASK FORCE AS 6/30/90. ACTS 1990, NO. 417, EFF. 7/18/90 PROVIDED TERMINATION DATE OF 6/30/91.}}
[Effective Date: Section terminated June 30, 1991.]
The task force shall submit a report of its findings, and recommendations, including proposed legislation if necessary, to the governor, the president of the Senate, and the speaker of the House of Representatives no later than March 30, 1991.
Acts 1989, No. 294, §1, eff. June 27, 1989; Acts 1990, No. 417, §1, eff. July 18, 1990.
{{NOTE: R.S. 46:2576 (ACTS 1989, NO. 294) PROVIDED TERMINATION DATE FOR TASK FORCE AS 6/30/90. ACTS 1990, NO. 417, EFF. 7/18/90 PROVIDED TERMINATION DATE OF 6/30/91.}}
[Effective Date: Section terminated June 30, 1991.]
All departments, commissions, boards, agencies, officers, and institutions of the state and all subdivisions thereof shall cooperate with the task force in carrying out the powers and purposes of this Chapter.
Acts 1989, No. 294, §1, eff. June 27, 1989.
{{NOTE: R.S. 46:2576 (ACTS 1989, NO. 294) PROVIDED TERMINATION DATE FOR TASK FORCE AS 6/30/90. ACTS 1990, NO. 417, EFF. 7/18/90 PROVIDED TERMINATION DATE OF 6/30/91.}}
[Effective Date: Section terminated June 30, 1991.]
The task force shall terminate on June 30, 1991.
Acts 1989, No. 294, §1, eff. June 27, 1989; Acts 1990, No. 417, §1, eff. July 18, 1990.
{{NOTE: R.S. 46:2576 (ACTS 1989, NO. 294) PROVIDED TERMINATION DATE FOR TASK FORCE AS 6/30/90. ACTS 1990, NO. 417, EFF. 7/18/90 PROVIDED TERMINATION DATE OF 6/30/91.}}
The office of disability affairs is hereby created as a state agency in the office of the governor. The office shall exercise the powers and duties hereinafter set forth or otherwise provided by law. The office shall be administered by an executive director, who shall be appointed by the governor to serve at his pleasure. The executive director shall employ a staff necessary to carry out the duties of the office.
Acts 1991, No. 1042, §1.
The office of disability affairs shall have the following powers and duties:
(1) To collect facts and statistics and make special studies of conditions pertaining to the employment, health, financial status, recreation, social adjustment of persons with disabilities, or which otherwise affect the welfare of those persons.
(2) To keep abreast of the latest developments concerning disabilities and persons with disabilities throughout the nation and to interpret its findings to the public.
(3) To provide for a mutual exchange of ideas and information on national, state, and local levels.
(4) To make recommendations to the governor and to the legislature for needed improvements and additional resources to promote the welfare of persons with disabilities in the state.
(5) To provide information and advice to state agencies concerning compliance with Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act, and all other state and federal laws.
(6) To coordinate the services of all state agencies serving persons with disabilities and require reports from such state agencies and institutions.
(7) To adopt and promulgate rules and regulations that are deemed necessary to implement the provisions of this Chapter in accordance with the provisions of the Administrative Procedure Act.
(8) To network and promote local committees and organizations for persons with disabilities, to provide information and updates of changes in law, and centrally coordinate the preparation for the Governor's Conference for Persons with Disabilities.
(9) To encourage, strengthen, and promote coordination of goals and program services among various public and private delivery systems to persons with disabilities of all ages throughout the state.
(10) To seek to facilitate and encourage the integration of job-ready persons with disabilities into such programs as are available to their nondisabled peers.
Acts 1991, No. 1042, §1; Acts 2014, No. 811, §24, eff. June 23, 2014.
A.(1) Subject to the provisions of R.S. 15:571.11, two-thirds of all fines collected for violations of parking restrictions established by R.S. 40:1742(B), two-thirds of all fines collected for false certification of mobility impairment by a physician as provided by R.S. 47:463.4(G)(4), and two-thirds of all fines collected for manufacture, sale, possession, or use of a counterfeit mobility-impaired placard as provided for in R.S. 47:463.4.3(B) shall be forwarded by the officer of the court who collects the same to the state treasurer within thirty days after the penalty or forfeiture is collected.
(2) In addition to all fines, fees, costs, and punishment prescribed by law for violations of mobility-impaired parking restrictions established by local ordinance or R.S. 40:1742, the court shall impose an additional fee of twenty-five dollars for each such violation. All monies collected from such additional fees shall be forwarded by the officer of the court who collects the same to the state treasurer within thirty days after the penalty or forfeiture is collected.
B. All funds received by the state treasurer as provided in Subsection A of this Section shall be deposited upon receipt in the state treasury. After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, and prior to monies being placed in the state general fund, an amount equal to that deposited as required by this Subsection shall be credited to a special fund hereby created in the state treasury to be known as the "Disability Affairs Trust Fund". The monies in the fund shall be used solely as provided in this Section and only in the amounts appropriated by the legislature.
C. Subject to applicable limitations of Article VII, Section 9(B), the fund shall additionally consist of all funds designated to the fund and received by donation, grant, gift, or otherwise from any source including sums appropriated specifically to it by the legislature and any other allocations made directly to it.
D. The monies in the fund shall be invested by the state treasurer in the same manner as monies in the state general fund, and interest earned on the investment of these monies shall be credited to this fund, again, following compliance with applicable requirements of Article VII, Section 9(B) relative to the Bond Security and Redemption Fund.
E. The legislature shall make an annual appropriation of the monies in the fund to the office of disability affairs in accordance with the recommendations of the Governor's Advisory Council on Disability Affairs. The monies in the fund shall be used solely for the operation of the Governor's Office of Disability Affairs and any program designed to provide services to Louisiana citizens with disabilities. Funds not appropriated shall remain to the credit of the fund and not revert to the state general fund nor be diverted to other purposes.
F. The Governor's Advisory Council on Disability Affairs shall determine the eligibility of programs to receive funding after operating expenses of the office have been met.
Acts 1995, No. 573, §2; Acts 1999, No. 1307, §3, eff. July 12, 1999; Acts 2001, No. 508, §2, eff. June 21, 2001; Acts 2004, No. 574, §1.
NOTE: See Acts 1995, No. 573, §5 relative to effectiveness and effective date.
The office of disability affairs is hereby authorized to establish a committee comprised of membership as it deems appropriate for the purpose of consideration of matters relative to accessible parking privileges. Such committee may:
(1) Monitor issuance and usage of license plates and parking cards intended for use by persons with disabilities.
(2) Review complaints regarding unauthorized use of license plates and parking cards.
(3) Consider and evaluate evidence of abuse or unauthorized use of such plates or cards, as such evidence may be submitted to the committee by individuals, and submit such evidence or materials to the appropriate authorities and advocate for investigation of abuse.
(4) Submit evidence or materials to the Louisiana Medical Advisory Board within the Department of Public Safety and Corrections if such evidence or materials indicate possible inappropriate or illegal certification of a person as having a mobility impairment. If, in the board's discretion, the review of such material does indicate possible inappropriate or illegal certification by a physician, the board shall submit such material along with a recommendation for appropriate disciplinary action to the Louisiana State Board of Medical Examiners.
(5) Monitor, evaluate, and propose and advocate changes to laws, rules, and regulations relative to accessible parking privileges to the extent allowable by law.
(6) Perform any service pursuant to its purpose authorized by the office of disability affairs.
Acts 1995, No. 724, §1; Acts 2014, No. 811, §24, eff. June 23, 2014.
The office of the state Americans with Disabilities Act coordinator is hereby created as a state agency within the office of the governor, division of administration. The office shall exercise the powers and duties set forth in this Chapter and otherwise provided by law. The office shall be administered by an executive director who shall have the title of, and is referred to hereafter in this Chapter as, state ADA coordinator. The state ADA coordinator shall be in the classified state civil service and shall employ staff as necessary to carry out the duties of the office.
Acts 2021, No. 452, §2.
For purposes of this Chapter, the following terms have the meaning ascribed to them in this Section:
(1) "Agency" means a department, office, division, agency, commission, board, committee, or other organizational unit of the executive branch of state government that has fifteen or more employees.
(2) "Americans with Disabilities Act" and "ADA" mean the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. 12101 et seq.
(3) "Americans with Disabilities Act agency coordinator" means an individual designated to ensure Americans with Disabilities Act compliance for his assigned agency.
(4) "Elected official" means any person holding an office in the executive branch of state government that is filled by the vote of the appropriate electorate. It also includes any person appointed to fill a vacancy in such an office.
(5) "Office" means the office of the state Americans with Disabilities Act coordinator within the office of the governor, division of administration.
(6) "Public employee" means anyone who is one of the following:
(a) An administrative officer or official of an agency who is not an elected official.
(b) Appointed to a post or position created by rule, law, resolution, ordinance, charter, or executive order.
(c) Employed by an agency.
(7) "Public servant" means a public employee or an elected official.
(8) "Supervisor" means a public employee or an elected official responsible for overseeing the productivity, work behavior, and attendance of other public employees of the agency.
Acts 2021, No. 452, §2; Acts 2022, No. 103, §2, eff. May 25, 2022; Acts 2025, No. 146, §2, eff. June 8, 2025.
The office shall have the following functions, powers, and duties:
(1) To serve as the coordinating body for ADA compliance for all state agencies within the executive branch of state government.
(2) To promulgate rules and regulations in accordance with the Administrative Procedure Act to ensure consistent administration of the ADA and related disability accommodations laws across state agencies.
(3) To provide consultation on state employee accommodations, upon request, including review of applicable medical documentation.
(4) To administer and ensure compliance by state agencies with the annual plans and reports required by this Chapter.
(5) To design the transitional return to work program in conjunction with the office of risk management in accordance with R.S. 39:1547.
(6) To provide reports and recommendations to the legislature for the adoption of legislation to facilitate compliance with the ADA.
(7) To offer subject matter expertise for all matters relating to the ADA.
(8) To conduct general and customized training on ADA topics for state agencies.
(9) To provide informal technical assistance about the ADA to the general public and collaborate with local ADA support systems.
(10) To increase public awareness of the ADA for the purpose of helping more citizens to understand the letter and the spirit of the law.
Acts 2021, No. 452, §2; Acts 2025, No. 146, §2, eff. June 8, 2025.
A. Each agency head shall develop and implement a policy to ensure compliance with the Americans with Disabilities Act which is applicable to all public servants of the agency, applicants for employment at the agency, and members of the general public who seek or receive services or benefits from the agency.
B. Based on the business needs and organizational structure of the agency, the required policy may be formatted as a single policy, comprehensive policy, or comprised of multiple policies tailored to the specific facility, audience, or Titles of the Americans with Disabilities Act. At a minimum, the policy shall contain all of the following:
(1) It shall express the agency's commitment to engaging in the interactive process and providing reasonable accommodations to any individual with a disability for purposes of participating in the application and interview process, performing the essential functions of the job, providing equal opportunity to access the benefits and privileges of employment, ensuring effective communication, and providing equal opportunity to access the agency's programs, services, activities, and facilities.
(2) It shall provide for designating an Americans with Disabilities Act agency coordinator.
(3) It shall include a general description of the accommodation request process and indicate to whom such requests should be addressed if not to the Americans with Disabilities Act agency coordinator.
(4) It shall provide for documentation of the interactive process, including accommodation requested and discussed, any other equally effective accommodations identified, business reasons for decisions made, and actions taken on the accommodation request.
(5) It shall specify an effective grievance process for prompt resolution of complaints regarding disposition of accommodation requests or alleging any action prohibited by the Americans with Disabilities Act.
(6) It shall include a clear prohibition against harassment, discrimination, or retaliation against an individual related to exercising or aiding in the exercise of Americans with Disabilities Act rights or for having a relationship or association with another individual with a known disability.
Acts 2022, No. 103, §2, eff. May 25, 2022.
A.(1) An agency head shall require all supervisors in his agency to receive a minimum of one hour of education and training on the Americans with Disabilities Act within ninety days of hire or appointment to a supervisory position and every three years thereafter.
(2) An agency head shall require Americans with Disabilities Act agency coordinators in his agency to receive a minimum of one hour of education and training on the Americans with Disabilities Act within ninety days of hire or appointment to the role of Americans with Disabilities Act agency coordinator and every three years thereafter.
B. The education and training required by this Section may be received in person or via the internet through training and education materials approved by the public servant's agency head.
C. Each agency head shall ensure that each public servant in the agency is notified of the agency's Americans with Disabilities Act policy. Additionally, each agency head shall ensure that each supervisor and Americans with Disabilities Act agency coordinator are notified of the mandatory training requirement. The agency head shall maintain records of compliance with the mandatory training requirement by each supervisor and Americans with Disabilities Act agency coordinator. Each supervisor's and Americans with Disabilities Act agency coordinator's record of compliance shall be a public record and available to the public in accordance with the Public Records Law.
D. Each agency head shall ensure that its Americans with Disabilities Act policy and complaint procedures are prominently posted on its publicly accessible website. If the agency does not have a website, a notice providing instruction on how to obtain these documents shall be posted in a conspicuous location in each of the agency's offices.
Acts 2022, No. 103, §2, eff. May 25, 2022.
A. Each agency head shall compile an annual report containing information from the previous calendar year regarding his agency's compliance with the requirements of this Chapter. The report shall include the number and percentage of supervisors and Americans with Disabilities Act agency coordinators, respectively, in his agency who have completed the training requirements; the number of accommodation requests received by his agency; the number, nature, and cost of accommodation requests granted; the number of accommodation requests denied; and the amount of time required to resolve each request from date of receipt to the date the individual was notified in writing of the final determination of the request. The report shall also include the number of Americans with Disabilities Act-related charges of discrimination filed with the United States Equal Employment Opportunity Commission, Louisiana Commission on Human Rights, and the United States Department of Justice and civil actions filed in state or federal court. The data provided shall be used for tracking purposes only and shall not include personally identifying information such as the requestor's name or references to confidential medical conditions or impairments. These reports shall be a public record and available to the public in accordance with the Public Records Law.
B. An agency head shall submit the report required by Subsection A of this Section by February first of each year, with the initial report being due by February 1, 2024, for the 2023 calendar year, to the office.
Acts 2022, No. 103, §2, eff. May 25, 2022.
Agency heads shall:
(1) Ensure that all employees, at the time of employment and every five years thereafter, complete a voluntary self-identification of disability form for effective data collection and analysis of the percentage of individuals with disabilities employed by the agency. The form shall only request disclosure regarding whether an employee has a disability, without reference to or identification of the actual impairment, disability, or medical condition. The completed form shall be confidential and filed in a folder separate from the employee's personnel file.
(2) Prepare and submit an agency plan, by December first of each year, to the office that includes the strategies and goals for the upcoming year and the progress and outcomes for the current year, related to employment of individuals with disabilities. The agency plan shall be formatted in the manner prescribed by the office and include a comparison of the percentage of individuals with disabilities employed by his agency from the previous to current year based on data from the self-identification process outlined in Paragraph (1) of this Section.
Acts 2022, No. 103, §2, eff. May 25, 2022.
As used in this Chapter:
(1) "Community-based program" means programs that are accessible, culturally and linguistically, in locations that people use in the community, such as community centers, schools, shopping areas, and governmental buildings and which are operated by either:
(a) A local public agency.
(b) An independent, private for-profit or not-for-profit organization when the communities service needs are defined by the local community and planned and monitored by a broad-based group of community representatives invested by a local government with the authority and responsibility to plan such services.
(2) "Exemplary and promising program" means programs that meet high scientific standards, as evidenced in published evaluations, and that have been shown to work effectively and can be expected to have a positive result in a wide range of community settings.
(3) "Exemplary sanctions" may include but are not limited to electronic monitoring, diversion, community service, victim restitution, house arrest, intensive juvenile supervision, tracker programs, substance abuse assessment and testing, first-time offender programs, intensive individual and family treatment, structured day treatment and structured residential programs, aftercare or parole community supervision, balanced and restorative justice programs, and residential and nonresidential services for juvenile offenders.
(4) "Juvenile justice" means the system of public and private services in Louisiana that includes prevention, early identification, early intervention, child protection, law enforcement, prosecution, defense, adjudication, diversion and informal processing, probation, corrections, aftercare, transitional living, and other services provided to children and families who either are or are likely to be brought into a court with juvenile jurisdiction because of problems such as abuse, neglect or abandonment, mental illness, substance abuse, aspects of a divorce and breakup of families, pre-delinquency, social irresponsibility or delinquent behavior, or spousal abuse involving children.
(5) "Regionally based programs" means those programs that are delivered in one of the nine regional service areas.
(6) "Regional service area" means the following nine regions:
(a) Region 1 includes the parishes of Jefferson, Orleans, Plaquemines, and St. Bernard.
(b) Region 2 includes the parishes of East Baton Rouge, East Feliciana, Iberville, Pointe Coupee, West Baton Rouge, and West Feliciana.
(c) Region 3 includes the parishes of Livingston, St. Helena, St. Tammany, Tangipahoa, and Washington.
(d) Region 4 includes the parishes of Ascension, Assumption, Lafourche, St. Charles, St. James, St. John the Baptist, and Terrebonne.
(e) Region 5 includes the parishes of Acadia, Evangeline, Iberia, Lafayette, St. Landry, St. Martin, St. Mary, and Vermilion.
(f) Region 6 includes the parishes of Allen, Beauregard, Calcasieu, Cameron, and Jefferson Davis.
(g) Region 7 includes the parishes of Avoyelles, Catahoula, Concordia, Grant, LaSalle, Rapides, Vernon, and Winn.
(h) Region 8 includes the parishes of Bienville, Bossier, Caddo, Claiborne, Desoto, Jackson, Natchitoches, Red River, Sabine, and Webster.
(i) Region 9 includes the parishes of Caldwell, East Carroll, Franklin, Lincoln, Madison, Morehouse, Ouachita, Richland, Tensas, Union, and West Carroll.
(7) "School-based programs" means those programs operated at the school and developed in coordination with juvenile justice agencies, parents, and community agencies to address student behavioral and discipline issues.
Acts 2003, No. 1225, §6.
A.(1) The legislature finds that programs and services to children and their families are provided by a myriad of state departments, offices, and agencies, as well as many entities at the local level. Funding for such programs is provided from numerous sources, federal, state, and local. There is a serious need to coordinate and focus programs and funding to achieve the most effective and efficient use of monetary, human, and organizational resources.
(2) The legislature further finds that the policies of many funding programs have directed funding for needs of children and their families toward meeting crises, toward out-of-home placement, and toward services related to this focus.
(3) The legislature recognizes a need to identify all potential sources of funding for services for children and their families and to develop strategies to assure the coordinated use of such funding toward the development of a family and community-based service delivery system.
B. In order to meet these needs the legislature creates the Children's Cabinet.
Acts 1992, No. 971, §2; Acts 1998, 1st Ex. Sess., No. 5, §§2, 3, eff. April 24, 1998; Acts 2003, No. 245, §1, eff. June 5, 2003; Acts 2003, No. 1225, §6; Acts 2008, No. 780, §1.
A. The Children's Cabinet, hereafter referred to as the "cabinet", is hereby created as a state agency within the office of the governor. The governor shall select an executive director and the cabinet shall be funded through equal interagency transfers from the entities represented in Paragraphs (B)(1) through (5) of this Section at a level to be determined annually by the commissioner of administration. In addition, the cabinet may accept and expend grants and private donations to assist the cabinet to carry out its functions. The purpose of the cabinet shall be to facilitate and require coordination of policy, planning, and budgeting affecting programs and services for children and their families; to coordinate delivery of services to children and their families; and to eliminate duplication of services where appropriate. The cabinet shall carry out its functions in order to assure the most efficient and effective use of resources, particularly through programs for intervention and prevention and through services that assist and support children to remain in their homes and communities.
B. The cabinet shall be composed of the following members:
(1) The secretary of the Department of Children and Family Services or his designee.
(2) The secretary of the Louisiana Department of Health or his designee.
(3) The deputy secretary for youth services of the Department of Public Safety and Corrections or his designee.
(4) The secretary of Louisiana Works or his designee.
(5) The state superintendent of education or his designee.
(6) The commissioner of administration or his designee.
(7) The executive director of the cabinet, to be determined by the governor, who shall serve as chairperson.
(8) A member of the House of Representatives appointed by the speaker of the House of Representatives.
(9) A member of the Senate appointed by the president of the Senate.
(10) A representative of the Children's Cabinet Advisory Board as selected by its members.
(11) A member of the Louisiana Council of Juvenile and Family Court Judges appointed by the chief justice of the Louisiana Supreme Court.
(12) A member of the State Board of Elementary and Secondary Education appointed by its president.
(13) The secretary of Louisiana Economic Development or his designee.
C. Members shall serve during their tenure in the offices listed in Subsection B. All members shall serve without additional compensation.
D-F. Repealed by Acts 2008, No. 780, §2.
Acts 1992, No. 971, §2; Acts 1995, No. 1232, §1; Acts 1997, No. 883, §1, eff. July 10, 1997; Acts 1997, No. 1172, §7, eff. June 30, 1997; Acts 1998, 1st Ex. Sess., No. 5, §§2, 3, eff. April 24, 1998; Acts 2003, No. 245, §1, eff. July 5, 2003; Acts 2004, No. 7, §4, eff. May 5, 2004; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2008, No. 780, §§1, 2 Acts 2024, No. 543, §1, eff. June 10, 2024.
A. In order to carry out the purposes of this Chapter and the purposes for which it is created, the Children's Cabinet shall:
(1) Develop and implement a framework for decision making to assure that all services for children meet the goals and objectives of the cabinet.
(2) Monitor indicators of child well-being, as determined by the cabinet, and utilize these data for evaluation and planning.
(3) Adopt and implement provisions for a children's budget, as more specifically provided in R.S. 46:2604.
(4) Submit an annual report to the governor, the Senate Committee on Health and Welfare, the House Committee on Health and Welfare, and any other legislative committee that requests a copy of the annual report, by January thirty-first summarizing the accomplishments of the past year, providing an evaluation of individual programs and the delivery of services, and indicating specific goals and budget priorities for the next fiscal year.
(5) Adopt and promulgate rules and regulations and formulate all necessary policies, procedures, and rules of administration and operation necessary to carry out the purposes of this Chapter, all subject to the Administrative Procedure Act. Legislative oversight of the cabinet, pursuant to the Administrative Procedure Act, shall be the responsibility of the Senate Committee on Health and Welfare and the House Committee on Health and Welfare.
(6) Do all the things reasonably necessary to accomplish the purposes for which the cabinet is created.
(7) Administer the Children's Trust Dedicated Fund Account provided for in R.S. 46:2401 et seq.
B. In addition to the duties and responsibilities provided in Subsection A of this Section, in order to carry out its purposes and functions, the cabinet may:
(1) Request data and assistance from state departments or agencies of the state. When the cabinet requests a state department or agency to provide needed data or assistance, the department or agency shall give priority to such request and shall provide such data or assistance as requested. The cabinet shall maintain the confidentiality of any information or records provided to it, as required by laws relative to such records and information.
(2) Create and appoint such advisory committees or task forces to act in an advisory capacity to the cabinet to assist in its studies, composed of such representatives of the public and private sectors, as it shall deem appropriate.
(3) Enter into such contracts in accordance with applicable law that may be necessary and proper to carry out the provisions of this Chapter relating to the coordination of the delivery of services to children and families.
Acts 1992, No. 971, §2; Acts 1993, No. 424, §1, eff. June 9, 1993; Acts 1995, No. 945, §1; Acts 1998, 1st Ex. Sess., No. 5, §§2, 3, eff. April 24, 1998; Acts 2003, No. 245, §1, eff. June 5, 2003; Acts 2003, No. 1225, §6; Acts 2008, No. 780, §§1, 2; Acts 2017, No. 237, §2; Acts 2018, No. 206, §5; Acts 2021, No. 114, §18, eff. July 1, 2022.
A. In adopting the children's budget annually, the cabinet shall hold such hearings and solicit and review such information and recommendations from affected agencies, including those represented on the Children's Cabinet, and programs and other sources as it shall find necessary. To the extent possible, the cabinet shall seek to establish agreement among and support by the affected agencies and programs with respect to the children's budget.
B. In reviewing the annual children's budget recommendations, the executive departments, agencies, and cabinet shall adhere, to the extent possible and reasonable, to the policy priorities as recommended to the Children's Cabinet by the Children's Cabinet Advisory Board that are considered, amended or adopted by the Cabinet.
C.(1) The division of administration shall create and update the Early Childhood System Integration Budget herein referred to as ECSIB. This ECSIB shall support and inform the work of the BrightStart initiative, Louisiana's commitment to young children ages zero to five with the goal to develop service systems integration and partnerships to enhance children's ability to enter school healthy and ready to learn.
(2) The ECSIB shall provide information needed to make informed decisions about Louisiana's early childhood systems. Specifically, the ECSIB shall assist policymakers to:
(a) Understand the amount and purpose of current spending on young children and trends over time, including how dollars are allocated to services and programs for young children and their families and the source of these funds.
(b) Identify gaps and unnecessary or duplicative spending.
(c) Nurture collaboration and partnerships among state entities pursuing similar goals or program objectives.
(d) Identify opportunities to increase investments in prevention and early intervention, as well as to blend and braid funds.
(e) Guide private sector spending for child and family services and supports.
(f) Determine the trend in spending for early childhood efforts.
(g) Determine how money is being allocated and spent in a manner consistent with stated early childhood goals.
(h) Design results-based accountability projects that align strategic plans, fiscal analyses, and desired early childhood outcomes.
(i) Identify opportunities to secure unmatched federal funding.
(3) The ECSIB shall not be organized by department but rather by one of the four early childhood system components:
(a) Access to health care.
(b) Social-emotional development and mental health.
(c) Early care and education.
(d) Family support and parenting education.
(4) Program and activity data from the children's budget shall be entered into one of the early childhood system component areas. Each budget item shall include the department and agency responsible for the program. The cabinet shall coordinate with the office of planning and budget in the division of administration to track changes in the children's budget throughout the fiscal year.
D. The governor's executive budget shall include the governor's recommended children's budget which shall be a compilation and listing of the recommended budgets contained in the various schedules of the executive budget for all departments, agencies, programs, and activities for children and their families.
E. The General Appropriation Act enacted by the legislature shall include the children's budget. This shall be a separate section of the Act which shall include a compilation and listing of all appropriations contained in the various schedules and appropriations in the Act which are for services and programs for children and their families as well as the cost estimates of all nonappropriated elements of the budget.
F. The cabinet will coordinate with the office of planning and budget in the division of administration to track changes in the children's budget throughout the fiscal year. The office of planning and budget in the division of administration shall designate an analyst with the responsibility to the children's budget.
G. The executive director of the Children's Cabinet will present the children's budget to the House Appropriations Committee and the Senate Finance Committee during their review of the General Appropriation Bill.
Acts 1992, No. 971, §2; Acts 1998, 1st Ex. Sess., No. 5, §§2, 3, eff. April 24, 1998; Acts 2003, No. 245, §1, eff. June 5, 2003; Acts 2003, No. 1225, §6; Acts 2008, No. 774, §1.
A. The Children's Cabinet Advisory Board, hereinafter referred to as the "advisory board", is hereby created. The purpose of the advisory board shall be to provide information and recommendations from the perspective of advocacy groups, service providers, and parents. Primary responsibilities of the advisory board are:
(1) To ensure information sharing between governmental and nongovernmental entities serving Louisiana's children.
(2) To make recommendations to the Children's Cabinet, through the executive director, as requested by the cabinet.
(3) To make recommendations to the Children's Cabinet, through the executive director, as necessary as determined by the advisory board.
(4) To make recommendations to the Children's Cabinet, through the executive director, as to budget priorities for the coming year and specific budget items to be supported in the Children's Budget by September thirtieth.
(5) To make recommendations to the Children's Cabinet, through the executive director, as to specific programs with the greatest potential for reducing child poverty and funding opportunities for the implementation of such programs.
(6) To make an annual report to the legislature, the Senate Committee on Health and Welfare, the House Committee on Health and Welfare, the Select Committee on Women and Children, and any other legislative committee requesting a copy of the annual report by January thirty-first. The report shall summarize the well-being of Louisiana's children, the accomplishments of the past year, and specific goals and priorities for the next fiscal year.
B. The advisory board shall be composed of the following members:
(1) A representative from Agenda for Children.
(2) A representative from the Louisiana Children's Trust Dedicated Fund Account.
(3) A representative from Prevent Child Abuse Louisiana.
(4) A representative from the Louisiana Maternal and Child Health Coalition.
(5) A representative from Louisiana Early Steps.
(6) A representative from the Louisiana Council of Juvenile and Family Court Judges.
(7) The director of the State Head Start Collaboration Project or his designee.
(8) A representative from the Juvenile Justice and Delinquency Prevention Advisory Board.
(9) A representative from Louisiana State University, Louisiana Cooperative Extension Service.
(10) No fewer than three and no more than five parents nominated by agencies represented herein and approved by the cabinet.
(11) The assistant secretary of child welfare of the Department of Children and Family Services or his designee.
(12) The assistant secretary of the office on women's health and community health or his designee.
(13) The assistant secretary of the office for citizens with developmental disabilities of the Louisiana Department of Health or his designee.
(14) The assistant secretary of the office of public health of the Louisiana Department of Health or his designee.
(15) The assistant secretary of the office of behavioral health of the Louisiana Department of Health or his designee.
(16) The director of the bureau of health services financing of the Louisiana Department of Health or his designee.
(17) A representative of the Louisiana Policy Institute for Children.
(18) A representative of Louisiana Works, to be designated by the secretary.
(19) The assistant secretary of the office of juvenile justice of the Department of Public Safety and Corrections or his designee.
(20) Three representatives of the Department of Education, to be designated by the superintendent as follows:
(a) One member representing academic programs, including early childhood.
(b) One member representing special education.
(c) One member representing educational support programs including secondary vocational education.
(21) A representative of the division of administration, as designated by the commissioner.
(22) The chairman of the Partners in Protecting Children Subcommittee or his designee.
(23) A member of the Louisiana Families In Need Of Services Association.
(24) A member of the Louisiana Court-Appointed Special Advocate Association.
(25) A member of the Louisiana Catholic Conference.
(26) The president of the Louisiana Community and Technical College System or his designee.
(27) The chief executive officer of the Louisiana State University Health Sciences Center, health care services division, or his designee.
(28) A representative of the National Association of Social Workers.
(29) The state child ombudsman, who shall serve as a nonvoting ex officio member.
(30) A representative from the Louisiana Chapter, American Academy of Pediatrics.
(31) Repealed by Acts 2017, No. 237, §3.
(32) The president of the Louisiana Council of Child and Adolescent Psychiatry or his designee.
(33) A member of the Louisiana Assembly on School-Based Health Care.
(34) A member of the Louisiana Chapter of the March of Dimes.
(35) Repealed by Acts 2006, No. 599, §2.
(36) A representative of Families Helping Families.
(37) A representative of the Louisiana Association of Childcare Agencies.
(38) A representative of Louisiana Children's Advocacy Centers.
(39) A representative of the Institute of Infant and Early Childhood Mental Health at Tulane University.
(40) A representative of the Louisiana Primary Care Association.
(41) A representative of the Louisiana Partnership for Children and Families.
(42) A representative of the Louisiana Occupational Therapy Association.
C. Members shall be appointed by the governor and shall serve at the pleasure of the governor. All members shall serve without compensation.
D. The advisory board shall be invited to all cabinet meetings and may participate in its discussions but shall have no vote.
E. The advisory board shall elect as officers a chair, vice chair, and secretary from the membership and shall meet as needed. The advisory board shall create its own bylaws that shall define quorum as at least one-third of those who have been appointed to the advisory board.
F. The governor may appoint from time to time and to serve at his pleasure additional members to the advisory board to serve on matters about which such additional members shall possess or have expertise or experience. In consideration of those matters for which an additional member is appointed, each additional member appointed pursuant to this Subsection shall have the same powers and duties during the period of his service as enjoyed by the membership provided by Subsection B of this Section.
G. The advisory board may establish subcommittees that include but are not limited to an Ezekiel's Law subcommittee.
Acts 1995, No. 1232, §1; Acts 1997, No. 883, §1, eff. July 10, 1997; Acts 1998, 1st Ex. Sess., No. 5, §§2, 3, eff. April 24, 1998; Acts 1999, No. 635, §1, eff. July 1, 1999; Acts 1999, No. 802, §7, eff. July 2, 1999; Acts 2001, No. 510, §1; Acts 2003, No. 245, §1, eff. June 5, 2003; Acts 2006, No. 599, §§1, 2; Acts 2008, No. 565, §7; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2008, No. 780, §§1, 2; Acts 2009, No. 384, §5, eff. July 1, 2010; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2017, No. 237, §§2, 3; Acts 2021, No. 114, §18, eff. July 1, 2022; Acts 2023, No. 40, §1; Acts 2024, No. 543, §1, eff. June 10, 2024.
A. There is hereby established the Council on the Status of Grandparents Raising Grandchildren, hereinafter referred to as the "council", as a subcommittee of the Children's Cabinet Advisory Board. The domicile of the council shall be in the parish of East Baton Rouge.
B. The council shall be composed of the following members:
(1) The executive director of the Children's Cabinet Advisory Board, or his designee.
(2) Three members representing the Department of Children and Family Services appointed by the secretary of the department, one of whom shall be a representative of the kinship care subsidy program, one of whom shall be a representative of the Supplemental Nutrition Assistance Program, and one of whom shall be a representative of the foster care program.
(3) Two members representing the Louisiana Department of Health appointed by the secretary of the department, one of whom shall be a representative of the behavioral health program, and one of whom shall be a representative of the Medicaid eligibility program.
(4) A member representing the Department of Education appointed by the superintendent, who shall be a representative of the child care assistance program.
(5) The secretary of Louisiana Works, or his designee.
(6) The deputy secretary of the Department of Public Safety and Corrections, Youth Services, office of juvenile justice, or his designee.
(7) A member of the Senate to be appointed by the president of the Senate.
(8) A member of the House of Representatives to be appointed by the speaker of the House of Representatives.
(9) The executive director of the Governor's Office of Elderly Affairs, or his designee.
(10) The president of the Louisiana Association of School Superintendents, or his designee.
(11) One member representing and appointed by Agenda for Children.
(12) One member representing and appointed by Prevent Child Abuse Louisiana.
(13) One member representing and appointed by the Louisiana Children's Trust Dedicated Fund Account.
(14) At least five citizens who have demonstrated a commitment to the rearing of grandchildren by grandparents, to be nominated by the executive director of the Children's Cabinet Advisory Board and approved by the council.
(15) One member representing and appointed by the National Association of Social Workers - Louisiana.
(16) One member representing and appointed by LouisianaChildren.org.
(17) One member representing and appointed by the Louisiana Council of Juvenile and Family Court Judges.
(18) One member representing and appointed by the Louisiana State Bar Association.
(19) One representative of the Grandparents Raising Grandchildren Information Center of Louisiana.
(20) One member representing and appointed by the Access to Justice Committee of the Louisiana State Bar Association.
(21) The president of the Louisiana Head Start Association, or his designee.
C. Members of the council shall serve four-year terms and shall not receive any compensation or reimbursement of expenses. Each member of the council shall hold office until the appointment and qualification of his successor. Whenever a vacancy occurs in an appointed position, the vacancy shall be filled in the same manner and under the same terms and conditions as required for the original appointment.
D. Meetings of the council shall be held in the city of Baton Rouge. At the first meeting each year the chair and vice chair of the council shall be appointed by the executive director of the Children's Cabinet Advisory Board with the consultation and approval of the council. The council may adopt such rules of procedure as are necessary to facilitate orderly conduct of its business.
E. The council shall meet at least quarterly. Meetings shall be held on the call of the chair or at the request of at least three members of the council. A majority of the council shall constitute a quorum for the transaction of business. All official actions of the council shall require the affirmative vote of a majority of the quorum.
F. All departments, boards, agencies, officers, and institutions of the state and all subdivisions thereof shall cooperate with the council in carrying out its purposes pursuant to R.S. 46:2605.1 through 2605.3.
G. The council shall make, or cause to be made, all such studies, reviews, or analyses which it finds necessary to effect its purpose.
H. The council may receive and expend funds appropriated or otherwise made available by the legislature or from any other source, including donations or gifts of money or services from public or private organizations or from any other sources, to be utilized for the purposes of the council and as further provided in R.S. 46:2605.3.
Acts 2016, No. 301, §2, eff. June 2, 2016; Acts 2021, No. 114, §18, eff. July 1, 2022.
A. The council shall be a resource to the state on issues affecting grandparents raising grandchildren in the state. In furtherance of that responsibility, the council shall undertake efforts to provide for the following:
(1) Foster unity among grandparents raising grandchildren, communities, and organizations in the state by promoting cooperation and sharing of information and encouraging collaboration and joint activities.
(2) Serve as a liaison between government and private interest groups with regard to matters of unique interest and concern to grandparents raising grandchildren in the state.
(3) Assess programs and practices in all state agencies as they affect grandparents raising grandchildren, as the council deems necessary and appropriate.
(4) Identify and discuss best practices as they affect grandparents raising grandchildren and explore how these practices can be adapted to programs and services being provided within the state.
(5) Advise executive and legislative bodies of the potential effect of proposed legislation on grandparents raising grandchildren, as the council deems necessary and appropriate.
(6) Investigate the merits of the establishment of a state agency or program within a department dedicated to grandparents' issues and determine how such agency or program would be organized and implemented.
(7) Identify a system for educating grandparents who lack the appropriate information and resources regarding the care and custody of their grandchildren.
(8) Identify issues that are faced by nonparent relatives providing primary care for children.
B. The council shall issue its annual report by January thirty-first each year, stating the findings, conclusions, and recommendations of the council. The council shall submit the report to the governor, the president of the Senate, the speaker of the House of Representatives, and the chairmen of the committees with appropriate jurisdiction in the House of Representatives and in the Senate.
Acts 2016, No. 301, §2, eff. June 2, 2016.
A. There is hereby created in the state treasury, as a special fund, the Status of Grandparents Raising Grandchildren Fund, hereinafter referred to as the "fund".
B.(1) The source of monies deposited into the fund shall be any monies appropriated annually by the legislature, including federal funds, any public or private donations, gifts, or grants from individuals, corporations, nonprofit organizations, or other business entities which may be made to the fund, and any other monies which may be obtained or provided by law.
(2) Monies in the fund shall be invested in the same manner as monies in the state general fund and interest earned on investment of monies in the fund shall be credited to the state general fund. Unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund.
C. Subject to an annual appropriation by the legislature, monies in the fund shall be used as directed by the council solely for the purposes set forth in R.S. 46:2605.1 and 2605.2.
Acts 2016, No. 301, §2, eff. June 2, 2016.
A. There is hereby established the Council on the Children of Incarcerated Parents and Caregivers, hereinafter referred to as "the CIP Council". The domicile of the CIP Council shall be in the parish of East Baton Rouge. The CIP Council shall be housed within the office of the governor.
B. For the purpose of the CIP Council, "incarcerated parents and caregivers" includes all individuals who, prior to or following incarceration, are primarily or secondarily responsible for the health and well-being of an individual.
C.(1) The CIP Council shall be composed of the following members:
(a) Three individuals, representative of the various regions of the state, whose parents or caregivers are or were incarcerated when the individuals were minors.
(b) One person who is a formerly incarcerated parent or caregiver.
(c) One representative of the Louisiana Department of Health appointed by the secretary of the department or the representative's designee.
(d) One representative of the Department of Education appointed by the superintendent or the representative's designee.
(e) One representative of the Department of Children and Family Services appointed by the secretary of the department or the representative's designee.
(f) The family liaison of the Department of Public Safety and Corrections, office of juvenile justice, or the liaison's designee.
(g) One representative of the Department of Public Safety and Corrections appointed by the secretary or the representative's designee.
(h) One representative of the Louisiana Public Defender Board appointed by the state public defender or the representative's designee.
(i) One representative of the Louisiana District Attorneys Association appointed by the president of the association or the representative's designee.
(j) One representative of the Louisiana Sheriffs' Association appointed by the president of the association or the representative's designee.
(k) One person representing and appointed by Daughters Beyond Incarceration.
(l) One person representing and appointed by Voice of the Experienced.
(m) Three representatives shall be appointed by the governor.
(2) Additional members may be added as determined by a majority vote of those members currently serving on the CIP Council.
D. Members of the CIP Council shall serve two-year terms and shall not receive any compensation or reimbursement of expenses. Each member of the CIP Council shall serve until the appointment and qualification of their successor. Whenever a vacancy occurs in an appointed position, the vacancy shall be filled in the same manner and under the same conditions as required for the original appointment.
E. The CIP Council shall meet at least once in at least three of the four quarters each year. The CIP Council shall comply with the Open Meetings Law, R.S. 42:11 et seq., in conducting its regular business.
F. All departments, boards, agencies, officers, and institutions of the state and all subdivisions thereof shall cooperate with the CIP Council in carrying out its purposes pursuant to the provisions of this Section and R.S. 46:2605.5 and 2605.6.
G. The CIP Council shall make, or cause to be made, all such studies, reviews, or analyses that it determines to be necessary to effect its purpose.
H. The CIP Council may receive and expend funds appropriated or otherwise made available by the legislature or from any other source, including donations or gifts of money or services from public or private organizations or from any other sources, to be utilized for the purposes of the CIP Council and as further provided in R.S. 46:2605.6.
Acts 2020, No. 284, §1, eff. June 11, 2020.
A. The CIP Council shall be a resource to the state on issues affecting the children of incarcerated parents and caregivers in the state. In furtherance of that responsibility, the CIP Council shall undertake efforts including but not limited to the following:
(1) Investigate the impact that a parent's or caregiver's involvement in the criminal justice system has on the mental, emotional, physical, and financial well-being of their child or children up to and through adulthood.
(2) Serve as a liaison between government and private interest groups with regard to matters of unique interest and concern to the children of incarcerated parents or caregivers.
(3) Identify and discuss best practices as they affect the children of incarcerated parents and caregivers and explore how those practices can be adapted to programs and services within the state.
(4) Advise executive and legislative bodies of the potential effect of proposed legislation on the children of incarcerated parents and caregivers, as the CIP Council determines to be necessary and appropriate.
(5) Investigate the merits of the establishment of a state agency within a department dedicated to issues affecting the children of incarcerated parents and caregivers and determine how such agency or program is to be organized and implemented.
(6) Provide resources and education to the caregivers of children with incarcerated parents or caregivers.
B. The CIP Council shall issue at least one report every two years, beginning January 31, 2022, stating the findings, conclusions, and recommendations of the CIP Council. The report shall be available to any other governmental entity requesting a copy.
Acts 2020, No. 284, §1, eff. June 11, 2020.
A. There is hereby created in the state treasury as a special fund the Children of Incarcerated Parents and Caregivers Fund, hereinafter referred to as the "fund".
B.(1) The source of monies deposited into the fund shall be any monies appropriated annually by the legislature, including federal funds; any public or private donations, gifts, or grants from individuals, corporations, nonprofit organizations, or other business entities; and any other monies that may be obtained or provided by law.
(2) Monies in the fund shall be invested in the same manner as monies in the state general fund and interest earned on investment of monies in the fund shall be credited to the state general fund. Unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund.
C. Monies in the fund shall be used as directed by the CIP Council solely for the purposes set forth in this Section and R.S. 46:2605.4 and 2605.5.
Acts 2020, No. 284, §1, eff. June 11, 2020.
Nothing in this Chapter shall be construed to limit the authority of a local governing authority to create a children's cabinet or an advisory board to coordinate programs and services for children and families within the authority's jurisdiction and to provide for the powers, duties, and functions of such cabinet or advisory board.
Acts 1997, No. 883, §1, eff. July 10, 1997; Acts 1998, 1st Ex. Sess., No. 5, §§2, 3, eff. April 24, 1998.
A. The legislature hereby finds all of the following:
(1) Child abuse is a community problem. No single agency has the training, manpower, resources, or legal mandate to intervene effectively in all child abuse cases. No one agency has the sole responsibility for dealing with abused children.
(2) Effective community intervention involves the formation of a child protection partnership that includes professionals who understand and appreciate the different roles, responsibilities, strengths, and weaknesses of the other members but cooperate and coordinate their efforts.
(3) The most effective approach to cases involving child abuse is interagency coordination and planning. All partners in protecting children must work together with a common concern for the welfare of the child and with a common goal to communicate with mutual respect.
(4) Effective teamwork includes having a mechanism for the partner agencies to discuss and, if possible, resolve any issues that arise.
(5) An ongoing discussion of problems that the partners in protecting children encounter during investigations will help resolve them and will also clarify the roles and responsibilities of the partner agencies.
B. The Partners in Protecting Children Subcommittee is established within the Children's Cabinet Advisory Board to provide a forum for public agencies whose duties include responding to and investigating matters involving child abuse or neglect. The subcommittee shall meet to consider policies and procedures for responding to and investigating alleged child abuse with the goal of efficient coordination of services and the chief objectives being to determine what problems arise and how to meet the needs of the child.
C.(1) The subcommittee shall be composed of the following members:
(a) A representative of the Louisiana State Police, appointed by the superintendent.
(b) A representative of the Louisiana Sheriffs' Association, appointed by the executive director.
(c) A representative of the Louisiana Association of Chiefs of Police, appointed by the president of the organization.
(d) A representative of the Louisiana District Attorneys Association, appointed by the executive director.
(e) A representative from the Louisiana Council of Juvenile and Family Court Judges.
(f) The secretary of the Department of Children and Family Services, or his designee.
(2) The Children's Cabinet may appoint from time to time, to serve at its pleasure, additional members to serve on matters about which the additional members have expertise or experience.
(3) Members shall serve without compensation, except for per diem or reimbursement of expenses to which they may be entitled as members of their respective organizations.
D. A majority of the total membership shall constitute a quorum of the subcommittee, and any official action taken by the subcommittee shall require an affirmative vote of the majority of the quorum present and voting.
E. The subcommittee shall elect a chairman and any other officers deemed necessary from among the membership.
F. The subcommittee shall meet at least once per quarter upon the call of the executive director of the Children's Cabinet.
G. The subcommittee may include in its recommendations a request for legislation, as appropriate.
Acts 2023, No. 40, §1.
A. The legislature hereby finds and declares that the children and families of Louisiana are the state's most precious resource.
B. The legislature further finds that the state should make further strategic investments in this resource in order to:
(1) Prevent child abuse and neglect, substance abuse, mental illness, and predelinquent and delinquent behavior.
(2) Make early interventions that will effectively address family problems.
(3) Provide comprehensive strategies for effectively rehabilitating children and families at whatever stage these problems are manifested.
C. The legislature affirms its belief that such strategic investments will not only preserve and develop the state's human resources but also save the state large amounts of money currently being invested in law enforcement, child protection, adjudication, and corrections.
Acts 2003, No. 1225, §6.
Repealed by Acts 2012, No. 834, §13, eff. July 1, 2012.
A. The legislature hereby finds that the state's over-reliance on juvenile incarceration, especially in large correctional institutions, is contrary to the best interests and well-being of juveniles and frequently inconsistent with the state and federal law requiring intervention by the least restrictive method. The legislature further finds that the lack of available alternatives within local communities is a significant factor in the over-incarceration of juveniles in such large correctional facilities.
B. To address such lack of available alternatives to the incarceration of juveniles, the legislature declares it to be the policy of the state of Louisiana to assist in the development and establishment of a community-based, school-based, and regionally based system of progressive intensive sanctions and treatment programs and services for juveniles who have committed or are at risk of committing delinquent acts.
C. The purposes of this Section shall be to assist in the provision of appropriate preventive, diversionary, and dispositional alternatives for juveniles, encourage coordination of the elements of the juvenile services system, and provide an opportunity for local involvement in developing community-based, school-based, and regionally based programs for juveniles so that the following objectives may be obtained:
(1) Improved deterrence of juvenile crime by providing immediate, effective, and more cost-effective sanctions that emphasize accountability for the juvenile offender for his actions and reduce the pattern of repeat offending.
(2) Preservation of the family unit whenever the best interests of the juvenile are served and such preservation does not place the juvenile at imminent risk.
(3) Limitation on intervention to those actions which are necessary and the utilization of the least restrictive yet most effective and appropriate resources.
(4) Encouragement of active family participation, except when the best interests of the juvenile indicates otherwise.
(5) Treatment in the community rather than commitment to a distant correctional facility, except when the best interests of the juvenile indicates otherwise.
(6) Assistance in the development of alternatives to secure temporary custody for juveniles who do not require secure detention.
(7) Encouragement of a public and private partnership in the design and delivery of services for juveniles.
(8) Encouragement of parental responsibility and the provision of community-based sanctions and services for juveniles and their families, holding child and family accountable for their behavior.
(9) Encouragement of the principles and practices of balanced and restorative justice.
D.(1) To be eligible for participation in this services grant program, a parish or municipal governing authority, a court or other governmental entity, or a school system shall adopt a plan for their jurisdiction based on the principles of the comprehensive strategy and balanced and restorative justice and as required by the guidelines to be prepared and promulgated by the cabinet and approved by the legislature. The applicant entity shall submit its plan to the cabinet at such times and in advance of such deadlines as defined by the cabinet. In the event a single state entity is created pursuant to R.S. 46:2757, oversight and administration of this program shall be transferred to said entity.
(2) Plans may also be submitted jointly by two or more parishes, municipal governments, courts, or school boards within any regional service area.
E. After approval of an applicant's plan, an applicant may submit, at times specified by the cabinet, a proposal for funding one or more community-based, school-based, or regionally based sanctions or pre-dispositional and post-dispositional services that are consistent with the applicant's plan and that are nationally validated exemplary or promising programs as indicated in the guidelines promulgated by the cabinet or, after its creation, the department.
F. A parish or municipal governing authority, court or other governmental entity, or a school system may contract with an independent, private for-profit or not-for-profit organization to provide the community-based, school-based, or regionally based services contained in the applicant's plan; however, the request for funding of one or more of the approved services or programs shall contain a statement regarding the existence of such contract and its terms.
G.(1) To receive funding for a grant, applicants must provide a cash match based on a percentage of total cost not to exceed twenty percent as indicated in the schedule of match percentages to be provided by the cabinet in its programmatic guidelines.
(2) Funding requests for approved plans submitted jointly by two or more parishes, municipal governments, courts, or school boards within a regional service area shall be given preference for funding should funds be limited.
H. Each recipient shall report quarterly to the director of the cabinet such data as may be required by the cabinet or the department to measure progress on stated objectives and to evaluate programs and services provided by each recipient.
Acts 2003, No. 1225, §6.
Repealed by Acts 2013, No. 184, §7(B).
Repealed by Acts 2013, No. 184, §7(B).
Repealed by Acts 2013, No. 184, §7(B).
Repealed by Acts 1997, No. 1116, §2.
Repealed by Acts 1997, No. 1116, §2.
A. The Louisiana Department of Health shall submit an action plan, after consulting with and receiving comments from the medical director of each of its contracted Medicaid partners, to the Senate Committee on Health and Welfare and the House Committee on Health and Welfare no later than February first of each year on the following:
(1) The financial impact and reach diabetes of all types is having on the state of Louisiana and its residents. Items in this assessment shall include the number of lives with diabetes covered by Medicaid through the Louisiana Department of Health and its contracted partners, the number of lives with diabetes impacted by the prevention and diabetes control programs implemented by the department and its contracted partners, the financial cost diabetes and its complications places on the department and its contracted partners, and the financial cost diabetes and its complications places on the department and its contracted partners in comparison to other chronic diseases and conditions.
(2) An assessment of the benefits of implemented programs and activities aimed at controlling diabetes and preventing the disease.
(3) A description of the level of coordination existing between the Louisiana Department of Health, its contracted partners, and other stakeholders on activities, programmatic activities, and the level of communication on managing, treating, or preventing all forms of diabetes and its complications.
(4) The development of a detailed action plan for battling diabetes with a range of actionable items. The plan shall identify proposed action steps to reduce the impact of diabetes, prediabetes, and related diabetes complications. The plan shall identify expected outcomes of the action steps proposed while establishing benchmarks for controlling and preventing diabetes.
(5) The development of a detailed budget blueprint identifying needs, costs, and resources to implement the plan identified in Paragraph (4) of this Subsection.
B. The Louisiana Department of Health shall include within the annual diabetes action plan the most current editions of the standards of medical care in diabetes by the American Diabetes Association and the American Association of Clinical Endocrinologists.
Acts 2013, No. 210, §1, eff. June 10, 2013; Acts 2014, No. 713, §1.
The Louisiana Department of Health shall submit an action plan, after consulting with and receiving comments from the medical director of each of its contracted Medicaid partners, to the Senate Committee on Health and Welfare and the House Committee on Health and Welfare no later than February first of each year on the following:
(1) The financial impact and reach obesity is having on the state of Louisiana and its residents. Items included in this assessment shall include the number of lives with obesity covered by Medicaid through the Louisiana Department of Health and its contracted partners, the number of lives with obesity impacted by the prevention and control programs implemented by the Louisiana Department of Health and its contracted partners, the financial cost obesity and its complications place on the Louisiana Department of Health and its contracted partners, and the financial cost obesity and its complications places on the Louisiana Department of Health and its contracted partners in comparison to other chronic diseases and conditions.
(2) An assessment of the benefits of implemented programs and activities aimed at controlling obesity and preventing the disease.
(3) A description of the level of coordination existing between the Louisiana Department of Health, its contracted partners, and other stakeholders on activities, programmatic activities, and the level of communication on managing, treating, or preventing obesity and its complications.
(4) The development of a detailed action plan for battling obesity with a range of actionable items. The plan shall identify proposed action steps to reduce the impact of obesity and related obesity complications. The plan shall identify expected outcomes of the action steps proposed while establishing benchmarks for controlling and preventing obesity.
(5) The development of a detailed budget blueprint identifying needs, costs, and resources to implement the plan identified in Paragraph (4) of this Section.
Acts 2013, No. 210, §1, eff. June 10, 2013.
Repealed by Acts 2008, No. 815, §5.
The purpose of this Chapter is to further provide for the operation of the Medicaid program in the state and for the maintenance of health care services available under that program.
Acts 1992, No. 260, §1, eff. June 10, 1992; Acts 2019, No. 404, §1, eff. July 1, 2020.
NOTE: See Acts 2018, No. 612 and Acts 2019, No. 404 providing for the effects of the conversion of certain dedicated funds to special statutorily dedicated fund accounts.
As used in this Chapter, the following terms shall have the following meanings:
(1) "Bona fide medication sample" means a drug, chemical, or medication packaged by the original manufacturer thereof in such quantity as does not exceed a reasonable therapeutic dosage for a period in excess of one week and provided at no cost to a physician for administration or dispensation to a patient at no cost to the patient.
(2) Repealed by Acts 2009, No. 438, §9(B).
(3) "Department" means the Louisiana Department of Health.
(4) "Dispensing physician" means any physician in the state of Louisiana who has registered as a dispensing physician with the Louisiana State Board of Medical Examiners and who dispenses to his patients any drug, chemical, or medication, except a bona fide medication sample.
(5) "Fund" means the Louisiana Medical Assistance Trust Fund.
(6) "Intermediate care facility for people with developmental disabilities" means a facility which is licensed as an intermediate care facility for people with developmental disabilities in accordance with R.S. 28:421 et seq. by the Louisiana Department of Health.
(7) "Medicaid program" means the medical assistance program as established in Title XIX of the Social Security Act and as administered in the state of Louisiana by the Louisiana Department of Health.
(8) "Medical transportation provider" means any natural person, firm, corporation, partnership, or other juridical person who is engaged in delivering transportation to or from a medical service and who is paid for such delivery.
(9) "Nursing facility" means a facility which is licensed as a nursing home in accordance with R.S. 40:2009.3 et seq. by the Louisiana Department of Health.
(10) "Out-of-state pharmacist" means any natural person who is licensed or registered as a pharmacist by a state other than Louisiana, who is a resident of and domiciled in a state other than Louisiana, and who fills, compounds, or dispenses out-of-state prescriptions.
(11) "Out-of-state pharmacy" means any natural person, firm, corporation, partnership, or other juridical person, that is permitted as a pharmacy by a state other than Louisiana, and that, through or by out-of-state pharmacists, sells at retail, fills, dispenses, or furnishes out-of-state prescriptions.
(12) "Out-of-state prescription" means a physician's order, written or oral, for a drug, chemical, medicine, device, or a combination thereof, that is filled, compounded or dispensed by an out-of-state pharmacist at a location outside the state of Louisiana, provided that the person for whom the physician issued the order is a resident of and domiciled in the state of Louisiana.
(13) "Out-patient prescription" means a prescription dispensed to an individual who is not an in-patient of a facility licensed by the Louisiana Department of Health as a hospital.
(14) "Pharmacist" means any natural person who is licensed or registered as a pharmacist by the state of Louisiana, who is a resident of and domiciled in the state of Louisiana, and who fills, compounds, or dispenses prescriptions.
(15) "Pharmacy" means any natural person, firm, corporation, partnership, or other juridical person that is permitted as a pharmacy by the state of Louisiana, that is located within the state of Louisiana, and that through or by pharmacists, sells at retail, fills, dispenses, or furnishes prescriptions.
(16) "Physician" means any licensed medical doctor, dentist, or other licensed practitioner authorized to prescribe or order any drug, chemical, medicine, device, or a combination thereof, to be filled, compounded, or dispensed by a pharmacist.
(17) "Prescription" means a physician's order, written, oral, or electronically transmitted for a drug, chemical, medicine, device, or a combination thereof, that is filled, compounded, or dispensed by a licensed or registered pharmacist or dispensing physician.
(18) "Secretary" means the secretary of the Louisiana Department of Health.
Acts 1992, No. 260, §1, eff. June 10, 1992; Acts 2006, No. 163, §3; Acts 2009, No. 438, §9(B); Acts 2011, No. 155, §2; Acts 2019, No. 404, §1, eff. July 1, 2020.
A. There is hereby established as a special fund in the state treasury the Louisiana Medical Assistance Trust Fund, hereinafter referred to as the "fund", which shall consist of monies generated by the provider fees on healthcare services collected and authorized for deposit into the fund as provided by law and any other monies which may be provided by law. The monies in the fund shall be invested by the state treasurer in the same manner as monies in the state general fund. All interest earned from the investment of monies in the fund shall be deposited in and remain to the credit of the fund and allocated to each separate account on a pro-rata basis. All unexpended and unencumbered monies remaining in the separate accounts of the fund at the close of each fiscal year shall remain in the separate accounts of the fund.
B.(1) The state treasurer shall establish a separate account within the fund for each healthcare provider group in which provider fees are collected and deposited into the fund in accordance with law. Any monies deposited into the fund from other sources, and the interest earned on those monies, shall be deposited into a separate account within the fund, hereafter referred to as the "general account".
(2) The state treasurer shall deposit monies collected from each provider group's provider fees into the account created for that provider group based upon actual collections of the provider fees.
(3) The monies, including interest earnings, in each separate account shall be appropriated by the legislature to the Medicaid program solely as provided in Subsection C of this Section.
C.(1) The legislature is authorized to appropriate monies from the separate accounts only if the appropriation is eligible for federal financial participation under Title XIX of the Social Security Act, or its successor, except monies deposited into the general account may be appropriated for any Medicaid program expenditure.
(2) The Louisiana Department of Health, or its successor, shall expend monies deposited into each account only for the reimbursement of services to the provider group that paid the fee into the account in any fiscal year, except the general account may be expended for any Medicaid program expenditure. Any expenditure from the separate accounts for any purpose other than medical assistance payments for the providers paying the fee shall be void.
D. The monies in the fund shall not be used to displace, replace, or supplant appropriations from the state general fund for the Medicaid program below the amount of state general fund appropriations to the agency for the 2012-2013 Fiscal Year.
E.(1) The state treasurer shall report the status and utilization of the fund and the separate accounts quarterly to the secretary of the Louisiana Department of Health, or its successor, and the Joint Legislative Committee on the Budget.
(2) The Louisiana Department of Health, or its successor, shall report on the expenditure of funds out of each separate account that comprises the fund quarterly to the Joint Legislative Committee on the Budget.
Acts 1992, No. 260, §1, eff. June 10, 1992; Acts 2009, No. 438, §9(A); Acts 2013, No. 409, §1, eff. June 20, 2013; Acts 2016, No. 675, §1; Acts 2019, No. 404, §1, eff. July 1, 2020.
Repealed by Acts 2009, No. 438, §9(B).
A.(1) The Louisiana Department of Health is hereby authorized to adopt and impose fees for healthcare services provided by the Medicaid program on every nursing facility, every intermediate care facility for people with developmental disabilities, every pharmacy in the state of Louisiana and certain out-of-state pharmacies, dispensing physicians, and medical transportation providers. The amount of any fee shall not exceed the total cost to the state of providing the healthcare service subject to such fee. In addition, the amount of the fees imposed under the rules and regulations adopted shall not exceed the following:
(a) For nursing facilities, the percentage of net patient service revenues permitted by federal regulation pursuant to 42 CFR 433.68 as determined by the department on a per occupied bed per day basis.
(b) Thirty dollars per occupied bed per day for intermediate care facilities for people with developmental disabilities.
(c) Ten cents per out-patient prescription.
(d) Ten cents per out-patient out-of-state prescription.
(e) Ten cents per out-patient prescription dispensed by dispensing physicians.
(f) Seven dollars and fifty cents per medical service trip for medical transportation providers.
(2)(a) Any fee authorized by and imposed pursuant to this Section shall be considered an allowable cost for purposes of insurance or other third party reimbursements and shall be included in the establishment of reimbursement rates.
(b) Every contract between a pharmacy or pharmacist or his agent and a health insurance issuer or its agent shall include provisions requiring the health insurance issuer or its agent to reimburse the pharmacy or pharmacist or his agent for payment of the fee authorized by Subparagraph (A)(1)(c) of this Section, provided that the pharmacy or pharmacist or his agent makes a claim for reimbursement of the fee. Reimbursement, in accordance with R.S. 22:1854, shall be made not later than the fifteenth day after the date on which the claim was electronically adjudicated in the manner by which the pharmacy or pharmacist or his agent routinely receives reimbursement and accompanied by a remittance advice generated by a health insurance issuer or its agent which shall clearly identify the fee for each claim. Any contract that does not include such provisions shall nonetheless be interpreted and enforced to comply with this Section.
(c) In the event any provision of Subparagraph (b) of this Paragraph prevents any sums otherwise certifiable by the state as a component of its share of expenditures in the medical assistance program from being used in such manner, the provision shall be ineffective to the extent it prevents the certification.
(3) Subject to the exceptions contained in Article VII, Section 9(A) of the Constitution of Louisiana, all fees collected pursuant to the authority granted in this Section shall be paid into the state treasury and shall be credited to the Bond Security and Redemption Fund. Out of the funds remaining in the Bond Security and Redemption Fund after a sufficient amount is allocated from that fund to pay all obligations secured by the full faith and credit of the state which become due and payable within any fiscal year, the treasurer shall, prior to placing such remaining funds in the state general fund, pay into the Louisiana Medical Assistance Trust Fund an amount equal to the total amount of such fees collected.
B. Repealed by Acts 2016, No. 675, §2.
C.(1) The department is hereby authorized and directed to adopt and promulgate, pursuant to the Administrative Procedure Act, such rules and regulations as are necessary to administer the fees imposed herein, including but not limited to rules and regulations regarding the collection and payment of the fees and the records necessary to be maintained and made available by the providers on whom the fees are imposed. Any such information, other than the amount of fees collected from each provider and the total amount of revenues generated by the fees authorized herein, which is received by any department or agency of the state pursuant to this Chapter shall be held confidential.
(2) The department is authorized and directed to adopt and promulgate, pursuant to the Administrative Procedure Act, rules and regulations governing the rights and obligations of those on whom said fees will be imposed. Such rules and regulations shall include the administrative appeal rights and procedures governing disputes arising out of the collection or administration of the fees authorized herein, subject to the provisions of Subsection E of this Section.
D. The governor, by executive order, may designate any agency, department, or division of state government to collect the fees authorized herein.
E.(1) All disputes arising from submission of reports and fees due from a pharmacy which are deemed untimely as described herein or disputes regarding the amount of fees due from a pharmacy pursuant to Paragraph (A)(1) of this Section shall be handled as provided in this Subsection. All other disputes regarding pharmacy fees pursuant to this Section which are not related to timeliness and accuracy of reports or fees due the department, or which involve fees due from a dispensing physician under this Section, shall be handled as provided for in rules promulgated pursuant to Paragraph (C)(2) of this Section.
(2) Beginning January 1, 2000, the Louisiana Board of Pharmacy, hereinafter "the board", shall take necessary action to suspend the registration and permit of any registered in-state or out-of-state pharmacy which fails to timely submit a quarterly statement with the Louisiana Department of Health containing the number of prescriptions filled, compounded, or dispensed, and delivered in or into the state of Louisiana during the previous three-month period, or for failure to timely submit the appropriate prescription fees due pursuant to this Section. A report or fee shall be considered untimely if it is received by the department thirty days after the close of the most recent quarter. Each report of the quarterly statement shall be signed and verified as to accuracy of information contained therein by the preparer of the statement on a form provided by the department.
(3) The board in consultation with the department shall promulgate rules, in accordance with the Administrative Procedure Act, as necessary to comply with the requirements of the board herein, including rules to strictly define criteria for exceptions to the suspension requirements herein, and to provide rules for reinstatement procedures. Any revocation action taken pursuant to this Subsection shall proceed in accordance with laws and rules applicable to suspension of pharmacy permits in general, including the hearing and appeal rights provided pursuant to R.S. 37:1200 and 1201.
(4) The department shall promptly notify the board by certified mail of any reports or fees as described herein which are untimely as described herein, or fees in which the department considers the amount due from the pharmacy to be in dispute thirty calendar days after the date such fees are due to be received by the department. A copy of such notification shall also be sent by certified mail to the pharmacy which is the subject of the untimely reports or fees. The department shall promulgate rules, in accordance with the Administrative Procedure Act, as necessary to comply with the requirements of this Subsection, including rules to continuously apprise the board of fees and reports received by the department from any pharmacy which has been referred to the board for suspension proceedings.
(5) Nothing in this Subsection shall be construed to prevent the department from enforcing existing rules which assess monetary penalties against a pharmacy for late filing of reports or fees, which are not otherwise in conflict with the provisions herein.
Acts 1992, No. 260, §1, eff. June 10, 1992 (R.S. 46:2625(B) eff. April 1, 1992); Acts 1999, No. 1192, §1; Acts 2006, No. 163, §3; Acts 2015, No. 399, §2; Acts 2016, No. 675, §§1, 2; Acts 2019, No. 404, §1, eff. July 1, 2020.
A. The Louisiana Department of Health may adopt and impose fees on emergency ground ambulance providers for healthcare services allowed under 42 CFR 433.56 provided by emergency ground ambulance providers.
B. Repealed by Acts 2023, No. 171, §1, eff. June 7, 2023.
C. Any fee authorized by and imposed pursuant to this Section shall be considered an allowable cost for the purposes of insurance or other third party reimbursements and shall be included in the establishment of reimbursement rates.
D. Subject to the exceptions contained in Article VII, Section 9(A) and Article VII, Section 10.14 of the Constitution of Louisiana, all fees collected by the department pursuant to the authority granted in this Section shall be paid into the state treasury and shall be credited to the Bond Security and Redemption Fund. Out of the funds remaining in the Bond Security and Redemption Fund after a sufficient amount is allocated from that fund to pay all obligations secured by the full faith and credit of the state which become due and payable within any fiscal year, the treasurer shall, prior to placing the remaining funds in the state general fund, pay into the Emergency Ground Ambulance Service Provider Trust Fund Account, established by the treasurer, within the Louisiana Medical Assistance Trust Fund an amount equal to the total amount of the fees collected. Thereafter the secretary shall use the fees within the fund to carry out the provisions of Subsection G of this Section.
E.(1) Notwithstanding any other provision of law to the contrary, except for the first year maximum fee of one and one-half percent of the net operating revenue, the department shall not impose any new fee or increase any fee on any emergency ground ambulance service provider on or after July 1, 2016, without first obtaining either of the following:
(a) Prior approval of the specific fee amount by record vote of two-thirds of the elected members of each house of the legislature while in regular session.
(b) Written agreement of those providers subject to the fee which provide a minimum of sixty-five percent of the emergency ground ambulance transports.
(2) Any fee otherwise imposed or increased by the department on or after July 1, 2016, shall be null and of no effect.
F. Notwithstanding any provision of this Section to the contrary, the department shall adopt and promulgate, pursuant to the Administrative Procedure Act and in compliance with Article VII, Section 10.14 of the Constitution of Louisiana, a fee to be imposed pursuant to Subsection A of this Section in accordance with all of the following:
(1) The department shall calculate, levy, and collect a fee from every emergency ground ambulance service provider on each ground ambulance service allowed under 42 CFR 433.56 provided by an emergency ground ambulance provider upon the occurrence of all of the following:
(a) Implementation of the reimbursement as provided for in Subsection G of this Section.
(b) Approval from the Centers for Medicare and Medicaid Services.
(2) The department shall assess on each emergency ground ambulance service provider a percentage fee, determined at the discretion of the secretary and with the express and written mutual agreement of the emergency ground ambulance service providers subject to the assessment and which make up a minimum of sixty-five percent of all emergency ground ambulance services in the state of Louisiana. The maximum fee allowable pursuant to this Section in any year shall not exceed the percentage of net patient service revenues permitted by federal regulation pursuant to 42 CFR 433.68 as determined by the department, as reported by the provider and subject to audit for the previous fiscal year of the provider. The total amount of the assessment shall be paid by the emergency ground ambulance service provider in installments as prescribed by the secretary in conjunction with the agreement of those providers subject to the fee which provide a minimum of sixty-five percent of the emergency ground ambulance transports and shall be due from the provider within thirty days of the notification of the fee amount owed.
G. For each year in which the assessment is in effect, the department shall provide for reimbursement in accordance with all of the following:
(1) Reimbursement or payment to emergency ground ambulance service providers by any state or state-sponsored program at or above the base rates at the level which were in effect on July 1, 2022, for ground ambulance transport and related services provided pursuant to the Louisiana medical assistance program provided that funds are appropriated in the budget plus an enhancement.
(2) The legislature shall annually appropriate from the state general fund and not from the Emergency Ground Ambulance Service Provider Trust Fund Account an amount necessary to fund the state share of the base reimbursement to emergency ground ambulance service providers.
(3) Monies collected from the fees shall be appropriated by the state in accordance with Article VII, Section 10.14 of the Constitution of Louisiana as necessary for the state to maximize federal matching funds and all proceeds, including interest from the fees collected, shall be deposited in the Emergency Ground Ambulance Service Provider Trust Fund Account for application in accordance with this Subsection and any applicable state plan amendment pertaining to emergency ground ambulance service provider reimbursement or payment.
(4) The enhancement payment level shall be determined in a manner to bring the payments for these services up to any level described in any applicable state plan amendment pertaining to emergency ground ambulance service provider reimbursement or payment approved by the Centers for Medicare and Medicaid Services. The enhancement payment level shall be the difference between the reimbursement levels provided for in Paragraph (1) of this Subsection and the levels as described in any applicable state plan amendment pertaining to emergency ground ambulance service provider reimbursement or payment approved by the Centers for Medicare and Medicaid Services.
(5) Funds from the Emergency Ground Ambulance Service Provider Trust Fund Account shall be used to achieve the maximum reimbursement under federal law and appropriated to fund the reimbursement enhancements provided for in this Subsection.
H.(1) No additional assessment shall be collected and any assessment shall be terminated for the remainder of the fiscal year from the date on which any of the following occur:
(a) The reimbursements set forth in Subsection G of this Section are reduced below the base reimbursement.
(b) The amount of the reimbursement for ground ambulance services payable by any Medicaid managed care organization falls below one hundred percent of the Medicaid rate in effect at the time that the service is rendered.
(2) The treasurer shall return any monies collected after the date of termination of an assessment to the emergency ground ambulance service provider from which it was collected, including any interest collected thereon.
I. For purposes of this Section, the following definitions apply:
(1) "Ambulance service" has the same meaning as provided in R.S. 40:1131.
(2) "Average commercial rate" means the average amount payable by commercial payors for the same services as defined by any applicable state plan amendment pertaining to any emergency ground ambulance service payment or reimbursement.
(3) "Centers for Medicare and Medicaid Services" or "CMS" means the division of the United States Department of Health and Human Services which regulates the medical assistance program provided for in Title XIX of the Social Security Act.
(4) "Department" means the Louisiana Department of Health.
(5) "Emergency ground ambulance service provider" means a nonpublic, nonfederal provider of emergency ground ambulance services.
(6) "Emergency Ground Ambulance Service Provider Trust Fund Account" or "the fund" means the fund provided for in Article VII, Section 10.14 of the Constitution of Louisiana upon the payment of fees by emergency ground ambulance service providers pursuant to this Section and to which all fees shall be paid into and utilized solely for the reimbursement to be provided to emergency ground ambulance service providers.
(7) "Net operating revenue" means the gross revenues of the emergency ground ambulance service provider for the provision of ground ambulance transportation services rendered and allowed under 42 CFR 433.56 less any deducted amounts for bad debts, charity care, and payer discounts.
(8) "Secretary" means the secretary of the Louisiana Department of Health.
(9) "State" means the state of Louisiana.
Acts 2016, No. 305, §1, eff. June 2, 2016; Acts 2017, No. 179, §1, eff. June 12, 2017; Acts 2018, No. 272, §§1, 2; Acts 2019, No. 299, §1; Acts 2019, No. 404, §1, eff. July 1, 2020; Acts 2022, No. 271, §5; Acts 2023, No. 171, §§1 and 2, eff. June 7, 2023.
The purpose of this Chapter is to provide for the development of a rehabilitation program for persons disabled by traumatic brain and spinal cord injuries through the establishment of a trust fund in the state treasury to be funded by additional fees imposed on motor vehicle violations in this state for the offenses of driving under the influence, reckless operation, and speeding. The purpose of the Traumatic Brain and Spinal Cord Injury Trust Fund is to provide Louisiana citizens who survive traumatic brain or spinal cord injuries a source of funds for services enabling them with assistance to return to a reasonable level of functioning and independent living in their communities.
Acts 1993, No. 654, §1, eff. June 16, 1993; Acts 2018, No. 424, §1, eff. May 23, 2018; Acts 2024, No. 278, §2, eff. Feb. 1, 2025.
As used in this Chapter, the following terms shall have the following meanings:
(1) "Board" means the Traumatic Brain and Spinal Cord Injury Trust Fund Advisory Board.
(2) "Department" means the Louisiana Department of Health.
(3) "Fund" means the Traumatic Brain and Spinal Cord Injury Trust Fund.
(4) "Spinal cord injury" means an insult to the spinal cord, not of a degenerative or congenital nature, but caused by an external physical force resulting in paraplegia or quadriplegia.
(5) "Traumatic brain injury" means an insult to the head, affecting the brain, not of a degenerative or congenital nature, but caused by an external physical force that may produce a diminished or altered state of consciousness which results in an impairment of cognitive abilities or physical functioning. These impairments may be either temporary or permanent and cause partial or total functional disability or psychological maladjustment.
Acts 1993, No. 654, §1, eff. June 16, 1993; Acts 2010, No. 939, §8, eff. July 1, 2010; Acts 2024, No. 278, §2, eff. Feb. 1, 2025.
A. There is hereby established a special fund in the state treasury to be known as the Traumatic Brain and Spinal Cord Injury Trust Fund which shall consist of monies collected from an additional fee imposed on all motor vehicle violations for driving under the influence, reckless operation, and speeding in this state. In addition, the legislature may make annual appropriations to the trust fund for the purpose set forth in this Chapter to the extent that state general funds are available.
B.(1)(a) Beginning January 1, 1994, in addition to all fines, fees, costs, and punishment prescribed by law, there shall be imposed an additional fee of twenty-five dollars on driving under the influence offenses, five dollars on reckless driving operation offenses, and five dollars on speeding offenses.
(b) Beginning July 1, 2000, the additional fees imposed pursuant to Subparagraph (a) of this Paragraph shall be as follows:
(i) A fee of five dollars on reckless driving offenses.
(ii) A fee of five dollars on speeding offenses.
(iii) A fee of twenty-five dollars on first convictions of operating a vehicle while intoxicated offenses.
(iv) A fee of fifty dollars on second convictions of operating a vehicle while intoxicated offenses.
(v) A fee of one hundred dollars on third convictions of operating a vehicle while intoxicated offenses.
(vi) A fee of two hundred fifty dollars on fourth or subsequent convictions of operating a vehicle while intoxicated offenses.
(2) In the event that payment arrangements for other fines, fees, costs, and punishments are made to provide an offender the opportunity to make restitution over an extended period of time, the fee imposed under Paragraph (1) shall be collected in priority after costs of court.
C. All monies collected under this Chapter shall be forwarded by the officer of the court who collects the same to the state treasurer within thirty days after the penalty or forfeiture is collected. After deposit in the Bond Security and Redemption Fund as required by Article VII, Section 9(B) of the Constitution of Louisiana, an amount equal to that deposited as required by Subsection A of this Section shall be credited to the Traumatic Brain and Spinal Cord Injury Trust Fund account under the Louisiana Department of Health, office of aging and adult services. All unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund. The monies in this fund shall be invested by the state treasurer in the same manner as monies in the state general fund, and interest earned on the investment of these monies shall be credited to the fund, following compliance with the requirement of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund.
D.(1) The monies in the fund shall be used solely for programs designed to provide services to Louisiana citizens disabled by traumatic brain and spinal cord injuries, for the administrative costs of the programs, reimbursement of travel expenses of members of the Traumatic Brain and Spinal Cord Injury Trust Fund Advisory Board which are incurred in the discharge of their duties, and as provided in Paragraph (2) of this Subsection. Disbursement of the amount appropriated to the department each year shall be made as determined by the department. In determining disbursement of monies in the fund, the department shall take into account any recommendations of the board.
(2) The department may authorize disbursement of an amount not to exceed fifty thousand dollars per year for the establishment and operation of an information resource center.
(3) Money in the fund may be used to match available federal funding in order to provide enhanced or expanded services to persons eligible for benefits pursuant to the provisions of this Chapter. However, sufficient money shall be retained in the fund to provide payment for services for persons who are not eligible for services through federally funded sources.
E. The department shall:
(1) Determine the eligibility of programs to receive funding.
(2) Promulgate the rules and regulations necessary to implement the provisions of this Chapter.
(3) Establish priorities and criteria for disbursement of the fund and act to obtain maximum benefits available.
(4) Investigate the needs of the brain-injured and spinal cord-injured, identify any gaps in services, and prepare and submit an annual report with recommendations to the legislature and the governor sixty days prior to each regular session of the legislature.
(5) Monitor, evaluate, and review the development and quality of services and programs funded through the fund.
(6) Arrange for full and accurate financial records to be maintained in compliance with law and shall make a full and complete report to the board quarterly. The department is specifically prohibited from publishing newsletters or other publications typically used in mass mailings.
F. Administration of the fund shall be exercised by the Louisiana Department of Health, office of aging and adult services, in accordance with the provisions of this Chapter.
Acts 1993, No. 654, §1, eff. June 16, 1993; Acts 1999, No. 526, §1, eff. June 29, 1999; Acts 2000, 1st Ex. Sess., No. 119, §1, eff. April 19, 2000; Acts 2003, No. 1153, §1; Acts 2010, No. 939, §8, eff. July 1, 2010; Acts 2012, No. 269, §2, eff. May 25, 2012; Acts 2024, No. 278, §2, eff. Feb. 1, 2025.
A. There is hereby created the Traumatic Brain and Spinal Cord Injury Trust Fund Advisory Board within the Louisiana Department of Health, office of aging and adult services.
B. The Traumatic Brain and Spinal Cord Injury Trust Fund Advisory Board shall be composed of thirteen members as follows:
(1) The assistant secretary of the office of aging and adult services of the Louisiana Department of Health or his designee.
(2) A representative of an organization recognized for its work in advocacy programs for persons with traumatic brain injury, appointed by the governor from a list of names submitted by such organization.
(3) A representative of an organization recognized for its work in advocacy programs for persons with spinal cord injury, appointed by the governor from a list of names submitted by such organization.
(4) A psychologist nominated by the Louisiana Psychologists Association.
(5) A survivor of a traumatic brain injury appointed by the governor.
(6) A survivor of a spinal cord injury appointed by the governor.
(7) A family member of a survivor of a traumatic brain injury appointed by the governor.
(8) A family member of a survivor of a spinal cord injury appointed by the governor.
(9) The president of the Louisiana State Medical Society or his designee.
(10) The president of the Louisiana Hospital Association or his designee.
(11) The speaker of the Louisiana House of Representatives or his designee.
(12) The president of the Louisiana Senate or his designee.
(13) The director of Louisiana Rehabilitation Services within Louisiana Works.
C. The terms of office of the appointed board members shall be four years. However, the governor shall appoint the original members as follows: three members for a term of three years and three members for a term of two years. A vacancy shall be filled by appointment for the remainder of the unexpired term.
D. The board shall meet and organize immediately after appointment of its members and shall elect a chairman from its membership and other officers it might deem appropriate. The board shall adopt rules for the orderly transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations. Members shall serve without compensation but shall be reimbursed for travel expenses necessarily incurred in the discharge of their duties at the rate provided state employees.
E. The board shall meet at least once in each quarter of the fiscal year and as often as necessary thereafter as deemed by the chairman.
F. Failure of appointed members to attend three consecutive meetings shall be cause for termination from the board and the position shall be deemed vacant by notifying the appropriate appointing party.
G. The board shall be domiciled in East Baton Rouge Parish.
H. The board shall serve in an advisory capacity to the office of aging and adult services of the department in all phases of administration by the department of the Traumatic Brain and Spinal Cord Injury Trust Fund.
Acts 1993, No. 654, §1, eff. June 16, 1993; Acts 2003, No. 1153, §1; Acts 2010, No. 939, §8, eff. July 1, 2010; Acts 2012, No. 269, §2, eff. May 25, 2012; Acts 2024, No. 278, §2, eff. Feb. 1, 2025.
A. Except as provided in R.S. 46:2633(D)(2), money in the trust fund shall be distributed for the sole purpose of funding the cost of care or supportive services for traumatic brain and spinal cord injury, including the administrative costs attributable to services provided by the trust fund program. The fund shall be considered as a source of last resort after Medicare and Medicaid sources have been expended for Louisiana citizens.
B. Authorization of expenditures for spinal cord injury care and brain injury care shall be made by the office of aging and adult services, within the Louisiana Department of Health, according to criteria established by the department through administrative rule.
C. Expenditures may include but are not limited to post-acute medical care rehabilitation, therapies, medication, attendant care, home or vehicle accessibility modifications, and equipment necessary for activities of daily living, provided that such expenses are related to the spinal cord injury or traumatic brain injury.
D.(1) Except as provided in Paragraph (2) of this Subsection, expenditures on behalf of any one traumatic brain or spinal cord injury survivor shall not exceed fifteen thousand dollars for any twelve-month period nor fifty thousand dollars in total expenditures.
(2) If the total expenditures on behalf of any one traumatic brain or spinal cord injury survivor exceed fifty thousand dollars, the survivor may be eligible for additional expenditures on behalf of the survivor if funds are appropriated specifically for that purpose in addition to the funds collected pursuant to R.S. 46:2633(B), provided that the total amount of expenditures on behalf of any one traumatic brain or spinal cord injury survivor shall not exceed fifteen thousand dollars per year nor one hundred thousand dollars in total expenditures.
E. The administrative costs of the program shall be funded and paid for exclusively from the fund.
Acts 1993, No. 654, §1, eff. June 16, 1993; Acts 1999, No. 526, §1, eff. June 29, 1999; Acts 1999, No. 826, §1; Acts 2000, 1st Ex. Sess., No. 119, §1, eff. April 19, 2000; Acts 2010, No. 939, §8, eff. July 1, 2010; Acts 2012, No. 269, §2, eff. May 25, 2012; Acts 2018, No. 424, §1, eff. May 23, 2018; Acts 2024, No. 278, §2, eff. Feb. 1, 2025.
Repealed by Acts 2001, No. 1185, §8, eff. July 1, 2001.
Repealed by Acts 2001, No. 1185, §8, eff. July 1, 2001.
Repealed by Acts 2001, No. 1185, §8, eff. July 1, 2001.
Repealed by Acts 2001, No. 1185, §8, eff. July 1, 2001.
Repealed by Acts 2010, No. 939, §11, eff. July 1, 2010.
Repealed by Acts 2010, No. 939, §11, eff. July 1, 2010.
Repealed by Acts 2010, No. 939, §11, eff. July 1, 2010.
Repealed by Acts 2010, No. 939, §11, eff. July 1, 2010.
Repealed by Acts 2010, No. 939, §11, eff. July 1, 2010.
Repealed by Acts 2008, No. 373, §4, eff. June 21, 2008.
Repealed by Acts 2008, No. 373, §4, eff. June 21, 2008.
Repealed by Acts 2008, No. 373, §4, eff. June 21, 2008.
Repealed by Acts 2008, No. 373, §4, eff. June 21, 2008.
Repealed by Acts 2008, No. 373, §4, eff. June 21, 2008.
Repealed by Acts 2008, No. 373, §4, eff. June 21, 2008.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2022, No. 252, §4.
Repealed by Acts 2006, No. 713, §4, eff. July 1, 2006.
Repealed by Acts 2014, No. 811, §34, eff. June 23, 2014.
Repealed by Acts 2005, No. 483, §2, eff. July 12, 2005.
Repealed by Acts 2005, No. 483, §2, eff. July 12, 2005.
Repealed by Acts 2001, No. 1185, §8, eff. July 1, 2001.
Repealed by Acts 2005, No. 483, §2, eff. July 12, 2005.
A.(1) There is hereby established as a permanent trust fund in the state treasury designated the "Medicaid Trust Fund for the Elderly", hereinafter referred to as the "fund". After allocation of money to the Bond Security and Redemption Fund as provided in Article VII, Section 9(B) of the Constitution of Louisiana, the treasurer shall deposit in and credit to the fund the following sources:
(a) All money that is received from any source, including but not limited to an intergovernmental transfer program provided for in this Chapter and all income on investment of monies in the fund.
(b) Repealed by Acts 2019, No. 443, §4, eff. June 25, 2019.
(2) Monies in the fund shall be invested by the treasurer in the manner hereinafter provided. All unencumbered and unexpended monies in the fund at the end of the fiscal year shall remain in the fund.
(3) Monies in the fund may be used as the source of state matching funds for Medicaid funds to make enhanced payments to local government-owned health care facilities.
B.(1) After July 1, 2014, the principal in the fund from proceeds received by the state associated with the Deepwater Horizon oil spill or any other source shall not be subject to appropriation unless authorized by a joint resolution approved by two-thirds of the elected members of each house of the legislature and except to provide for:
(a) The re-basing of nursing homes in accordance with the approved state Medicaid plan.
(b) The development and funding of a case mix reimbursement system for the Medicaid nursing home program.
(c) The payment of all costs of local governments for their participation in the intergovernmental transfer program.
(d) The enhanced payment to any local government-owned health care facilities or health care programs in amounts as required by written agreements between the secretary and the local governments which are recommended by the Intergovernmental Transfer Subcommittee created and established in R.S. 46:2692 and approved by the governor and the Joint Legislative Committee on the Budget.
(e) The reimbursement of the Louisiana Department of Health for costs incurred in preparing the application for and implementing the intergovernmental transfer program established in this Chapter.
(f) The reimbursement of any monies deposited into the fund as a result of over payments of federal funds.
(2) Upon completion of the initial intergovernmental transfer, nursing homes will be re-based in accordance with the approved state Medicaid plan. In ensuing years, re-basing in accordance with the approved state Medicaid plan may come from the principal in the trust, but shall be limited to earnings on investment from the fund.
(3) Only earnings on investment from the fund may be appropriated each fiscal year for services of the state Medicaid program in the following order of priority:
(a) For providing for a wage enhancement for direct care personnel working in Medicaid certified nursing homes in accordance with a plan established by the Louisiana Department of Health and representatives of the nursing facility industry. The plan shall provide for a direct pass-through of the costs of such wage enhancement in a manner to ensure that the nursing home rate is adjusted to reflect the full costs of such wage enhancement.
(b) For appropriations solely and exclusively for services of the state Medicaid program that are subject to federal financial participation in matching funds.
(4) Monies in the fund shall not be used to displace, replace, or supplant appropriations from the state general fund for the Medicaid program below the amount of state general fund appropriations for the Medicaid program for the 1999-2000 Fiscal Year unless the official forecast of recurring monies available for appropriation which is utilized by the legislature in its adoption of the state budget for the ensuring fiscal year as provided in R.S. 39:26 indicates that revenues for such year will be insufficient to fund the state budget at the same level as the previous year.
(5) The state treasurer shall report the status of the fund at least quarterly to the secretary of the Louisiana Department of Health and the Intergovernmental Transfer Subcommittee.
C.(1) The monies deposited in and credited to the fund pursuant to Subsection A of this Section shall be invested by the state treasurer.
(2) The state treasurer is hereby authorized and directed to invest the monies deposited in and credited to the fund that are available for investment in the investments permitted for the Louisiana Education Quality Trust Fund, also known as the Kevin P. Reilly, Sr. Louisiana Education Quality Trust Fund, as set forth in R.S. 17:3803(B), (D), and (E). In establishing investment goals and policies for monies in the Medicaid Trust Fund for the Elderly, the state treasurer shall consult no less frequently than semiannually with the secretary of the Louisiana Department of Health as to the anticipated cash withdrawals from the fund during the next twelve months.
(3) The earnings on investment from the fund shall be available to pay expenses incurred for outside investment managers for the investment and management of the fund and for other custody, investment, and disbursement costs directly attributable to the fund, and as otherwise provided for in this Section.
(4) Expenses attributable to the state treasurer exercising responsibility for the custody, investment, and disbursement of the monies in the fund are administrative costs properly paid out of the earnings on investment from the fund and shall be paid by appropriation from such earnings. Such costs include those costs attributable to fees charged by any financial institution for providing custodial services, which shall not exceed two percent of the amount managed, costs incurred for outside investment managers for the investment and management of the fund, which shall not exceed two percent of the amount managed and other direct costs incurred by the treasurer. Other costs related to the fund shall be paid by appropriation from the state general fund. All appropriations made to, or upon the request of, the state treasurer, related to the management of the fund shall be subject to review of the Intergovernmental Transfer Subcommittee.
(5) The provisions of this Subsection shall be subject to review and approval of the Centers for Medicare and Medicaid Services.
(6) On or before November first of each year, the state treasurer shall prepare and submit to the secretary of the Louisiana Department of Health a report on the performance of the fund during the prior fiscal year. The state treasurer shall also submit a copy of the report to the Joint Legislative Committee on the Budget and to the House Committee on Health and Welfare and the Senate Committee on Health and Welfare.
Acts 2000, 1st Ex. Sess., No. 143, §1, eff. April 19, 2000; Acts 2001, No. 700, §1; Acts 2005, No. 179, §11, eff. June 28, 2005; Acts 2013, No. 56, §3, eff. May 29, 2013; Acts 2013, No. 224, §1, eff. June 12, 2013; Acts 2014, No. 646, §12, eff. July 1, 2014; Acts 2019, No. 443, §4, eff. June 25, 2019.
A.(1) Repealed by Acts 2018, No. 206, §8.
(2) The Intergovernmental Transfer Subcommittee, hereinafter referred to as the "subcommittee", is hereby created and established as a subcommittee of the Joint Legislative Committee on the Budget created by R.S. 24:651. The Joint Legislative Committee on the Budget shall provide for the size, membership, appointment, and the delegated powers and duties of the subcommittee which shall include the authority and duties necessary to comply with this Chapter. No action shall be taken by the subcommittee except by the favorable vote of a majority of the members. A quorum of the subcommittee shall consist of a majority of the total membership thereof. The members of the subcommittee shall receive the same per diem and travel allowance in the performance of their duties as is provided for standing committees of the legislature.
B.(1) Subject to such recommendations and approval, the department shall make application to the United States Department of Health and Human Services for the implementation of an intergovernmental transfer program. The application shall include a detailed explanation of the department's plan to utilize plan funds for the following, all as provided for in this Section:
(a) Providing reimbursements and enhancements to participating local governments.
(b) Re-basing Medicaid nursing home rates in accordance with the state Medicaid plan.
(c) Implementing a case mix reimbursement system for nursing homes.
(d) Providing for services of the state Medicaid program that are subject to federal financial participation matching funds.
(2) The department's application shall seek intergovernmental transfer program funds to the full extent allowed by law for this purpose and recommended and approved.
C. No program shall be implemented under the provisions of this Section unless and until the application submitted to the United States Department of Health and Human Services is given final, written approval by the Health Care Financing Administration, or its successor.
D. Notwithstanding any provision of law to the contrary, the provisions of this Section shall be deemed, construed, and interpreted to provide to any local government that qualifies to participate in an intergovernmental transfer program all powers and authority necessary to implement and participate in such plan, including any power to enter into short-term indebtedness for purposes of the plan.
E. The Louisiana Department of Health is hereby authorized to adopt such rules as are necessary to implement the wage enhancement plan as established in this Chapter after approval by the Joint Legislative Committee on the Budget and the House and Senate committees on health and welfare and to conduct the intergovernmental transfer program.
Acts 2000, 1st Ex. Sess., No. 143, §1, eff. April 19, 2000; Acts 2018, No. 206, §§5, 8.
A.(1) There is hereby established a permanent trust fund in the state treasury designated the "Medicaid Trust Fund for Addiction Recovery", hereinafter referred to in this Chapter as the "fund". After allocation of money to the Bond Security and Redemption Fund as provided in Article VII, Section 9(B) of the Constitution of Louisiana, the treasurer shall deposit in and credit to the fund all money that is received from any source, including but not limited to intergovernmental transfers and all income on investment of monies in the fund.
(2) Monies in the fund shall be invested by the treasurer in the same manner as monies in the state general fund, and interest earned on the investment of these monies shall be credited to the fund. All unencumbered and unexpended monies in the fund at the end of the fiscal year shall remain in the fund.
(3) Monies in the fund may be used as the source of state matching funds for Medicaid funds to make enhanced payments to addiction providers.
(4) For the purposes of this Chapter, "addiction provider" means a Louisiana licensed healthcare provider that provides any of the following services:
(a) Inpatient and residential substance use treatment.
(b) Substance use intensive outpatient treatment.
(c) Withdraw management.
B.(1) After July 1, 2025, self- assessed fees, federal grant allocations, or any other source shall not be subject to appropriation unless authorized by a joint resolution approved by two-thirds of the elected members of each house of the legislature and except to provide for:
(a) The re-basing of reimbursement rates for addiction providers in accordance with the approved state Medicaid plan.
(b) The development and funding of a reimbursement system for the Medicaid addiction provider program.
(c) The reimbursement of any monies deposited into the fund as a result of over payments of federal funds.
(2) Upon completion of the initial intergovernmental transfer, addiction providers will be re-based in accordance with the approved state Medicaid plan. In ensuing years, re-basing in accordance with the approved state Medicaid plan may come from the principal in the trust, but shall be limited to earnings on investment from the fund.
(3) Only earnings on investment from the fund may be appropriated each fiscal year for services of the state Medicaid program in the following order of priority:
(a) For providing for a wage enhancement for direct care personnel working in Medicaid certified addiction provider settings in accordance with a plan established by the Louisiana Department of Health and representatives of the addiction provider industry. The plan shall provide for a direct pass-through of the costs of such wage enhancement in a manner to ensure that the addiction provider rate is adjusted to reflect the full costs of such wage enhancement.
(b) For appropriations solely and exclusively for services of the state Medicaid program that are subject to federal financial participation in matching funds.
(4) Monies in the fund shall not be used to displace, replace, or supplant appropriations from the state general fund for the Medicaid program below the amount of state general fund appropriations for the Medicaid program for the 2025-2026 Fiscal Year unless the official forecast of recurring monies available for appropriation which is utilized by the legislature in its adoption of the state budget for the ensuing fiscal year as provided in R.S. 39:26 indicates that revenues for such year will be insufficient to fund the state budget at the same level as the previous year.
C.(1) The Louisiana Department of Health is hereby authorized to adopt and impose fees for healthcare services provided by the Medicaid program on addiction providers if and when such fees are eligible to be utilized for federal funding matching requirements. The amount of any fee shall not exceed the total cost to the state of providing the healthcare service subject to such fee.
(2) Any fee authorized by and imposed pursuant to this Section shall be considered an allowable cost for purposes of insurance or other third party reimbursements and shall be included in the establishment of reimbursement rates.
(3) Subject to the exceptions contained in Article VII, Section 9(A) of the Constitution of Louisiana, all fees collected pursuant to the authority granted in this Section shall be paid into the state treasury and shall be credited to the Bond Security and Redemption Fund. Out of the funds remaining in the Bond Security and Redemption Fund after a sufficient amount is allocated from that fund to pay all obligations secured by the full faith and credit of the state which become due and payable within any fiscal year, the treasurer shall deposit the fees into the Medicaid Trust Fund for Addiction Recovery an amount equal to the total amount of such fees collected.
D. The department shall promulgate rules and regulations in accordance with the Administrative Procedure Act necessary to administer the fees imposed herein, including but not limited to rules and regulations regarding the collection and payment of the fees and the records necessary to be maintained and made available by the providers on whom the fees are imposed.
E. The governor, by executive order, may designate any agency, department, or division of state government to collect the fees authorized herein.
Acts 2025, No. 392, §1, eff. June 20, 2025.
This Chapter shall be known and may be cited as the "Children's Product Safety Act".
Acts 2001, No. 1164, §1.
For the purposes of this Chapter, the following words and phrases shall have the meanings ascribed to them in this Section:
(1) "Child" means an individual who has not reached the age of eighteen years or otherwise been legally emancipated.
(2) "Child care facility" means a facility as defined in R.S. 46:1403(B) or a family child day care home or a group child day care home as defined in R.S. 46:1441.1.
(3) "Children's product" means a product, including but not limited to a full-size crib, non-full-size crib, toddler bed, bed, car seat, chair, high chair, booster chair, hook-on chair, bath seat, gate or other enclosure for confining a child, play yard, stationary activity center, carrier, stroller, walker, or infant swing that is designed or intended to come into contact with the child while the product is used. Notwithstanding any other provision of this Section, a product is not a "children's product" for purposes of this Chapter if either of the following applies:
(a) It may be used by or for the care of a child under six years old, but it is designed or intended for use by the general population or segments of the general population and not solely or primarily for use by a child or for the care of a child.
(b) It is a medication, drug, or food or is intended to be ingested.
(4) "Commercial user" means a person who deals in children's products or who holds himself out as having knowledge or skill relating to children's products, or a person who is in the business of remanufacturing, retrofitting, selling, leasing, subletting, or otherwise placing in the stream of commerce children's products.
(5) "Consumer protection section" means the office of the attorney general, public protection division, consumer protection section.
(6) "Crib" means a bed or containment designed to accommodate an infant.
(7) "Department" means the department responsible for issuing licenses or certificates of registration for child care facilities, as defined in this Section.
(8) "Full-size crib" means a full-size crib as defined in 16 CFR 1508.3, regarding the requirements for full-size cribs.
(9) "Non-full-size crib" means a non-full-size crib as defined in 16 CFR 1509.2, regarding the requirements for non-full-size cribs.
(10) "Person" means an individual, partnership, corporation, association, governmental entity, or other legal entity.
Acts 2001, No. 1164, §1; Acts 2018, No. 206, §5.
A commercial user shall not remanufacture, retrofit, sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce, on or after January 1, 2002, an unsafe children's product.
Acts 2001, No. 1164, §1.
A. A children's product is unsafe for purposes of this Chapter if it meets one or more of the following criteria:
(1) The children's product does not conform to all federal laws and regulations setting forth standards for the children's product.
(2) The children's product has been recalled for any reason by a federal agency, the product's manufacturer, distributor, or importer; the recall has not been rescinded; and the children's product has been listed by the consumer protection section as a recalled product.
(3) A federal agency has issued a warning that a specific children's product's intended use constitutes a safety hazard and the warning has not been rescinded.
B. For the purposes of this Chapter, a crib is unsafe if it does not conform to the standards endorsed or established by the Consumer Product Safety Commission, pursuant to 16 CFR 1500.1 et seq.
C.(1) An unsafe children's product, which meets the criteria established pursuant to this Section, may be retrofitted, if the retrofit has been approved by the federal agency issuing the recall or warning or the federal agency responsible for approving the retrofit, if such agency is different from the federal agency issuing the recall or warning. A retrofitted children's product may be sold if it is accompanied at the time of sale by a notice declaring that it is safe to use. The notice shall include all of the following:
(a) A description of the original problem that made the recalled children's product unsafe.
(b) A description of the retrofit that explains how the original problem was eliminated and declaring that it is now safe to use.
(c) The name and address of the commercial user who accomplished the retrofit certifying that the work was done, along with the name and model number of the product retrofitted. The commercial user is responsible for ensuring that the notice is present with the retrofitted product at the time of sale.
(2) A retrofit does not need to comply with this Chapter if either of the following applies:
(a) The retrofit is for a children's product that requires assembly by the consumer; the approved retrofit is provided with the product by the commercial user; and the retrofit is accompanied at the time of sale by instructions explaining how to apply the retrofit.
(b) The seller of a previously unsold children's product accomplishes the repair prior to sale and the repair is approved or recommended by a federal agency.
Acts 2001, No. 1164, §1; Acts 2018, No. 206, §5.
A. The consumer protection section shall maintain a comprehensive listing of children's products that have been identified as meeting any of the criteria set forth in R.S. 46:2704. The consumer protection section shall make the comprehensive listing available to the public at no cost and shall post it on the Internet and encourage links.
B. The consumer protection section shall provide a copy of the listing of unsafe children's products to the departments, who shall ensure that any individual required by the department to inspect a child care facility for the purpose of issuing or renewing a license or certificate of registration shall also receive a copy.
C. The consumer protection section may work with any state agency providing child care assistance to provide a copy of the listing of unsafe children's products to each person providing child care.
Acts 2001, No. 1164, §1.
A. A child care facility may not use or have on the premises, on or after July 1, 2002, an unsafe children's product. This Section does not apply to an antique or collectible children's product if it is not used by or accessible to a child in the child care facility.
B. The consumer protection section shall notify child care facilities, on a quarterly basis, of the provisions of this Chapter and of unsafe children's products in plain, nontechnical language that enables each child care facility to effectively inspect children's products and identify unsafe children's products.
C. The operator of a child care facility shall conspicuously post on the premises an updated copy of the listing of recalled children's products provided by the consumer protection section.
D. The operator of a child care facility may use information provided by the consumer protection section to determine if a children's product is a recalled product for the purposes of this Chapter.
Acts 2001, No. 1164, §1.
The department may revoke or refuse to renew the license or certificate of registration of a child care facility or refuse to issue a license or certificate of registration if the licensee, registrant, or applicant does not comply with the provisions of this Chapter.
Acts 2001, No. 1164, §1.
A. A commercial user who willfully and knowingly violates the provisions of R.S. 46:2703 shall be subject to a fine of not more than one hundred dollars or imprisonment for not more than ninety days, or both.
B. A commercial user is not in violation of this Chapter if the specific recalled product sold was not on the consumer protection section's list thirty days before the sale.
Acts 2001, No. 1164, §1.
The attorney general or the district attorney in whose district a violation of this Chapter occurred may bring an action in a court of competent jurisdiction to enforce the provisions of this Chapter.
Acts 2001, No. 1164, §1.
Remedies available under this Chapter are in addition to any other remedies or procedures under any other provision of law that may be available to an aggrieved party.
Acts 2001, No. 1164, §1.
A. The consumer protection section may adopt rules and regulations in accordance with the Administrative Procedure Act to establish appropriate safety standards for cribs.
B. The consumer protection section shall adopt rules and regulations in accordance with the Administrative Procedure Act to provide for the compilation, maintenance, and distribution of a comprehensive listing of children's products that have been identified as meeting any of the criteria set forth in R.S. 46:2704.
C. The department may adopt rules and regulations in accordance with the Administrative Procedure Act to administer the provisions of this Chapter relative to child care licensing and registration standards.
Acts 2001, No. 1164, §1.
A.(1) All money which is received as a result of the intergovernmental transfer program provided in this Chapter shall be appropriated solely and exclusively for administrative claiming which is reimbursable under the federal Medicaid program.
(2) The Louisiana Department of Health shall retain, for reasonable costs incurred in preparing the application and for implementing and monitoring the intergovernmental transfer program established in this Chapter and to provide additional support to the Medicaid program, an amount equal to fifteen percent of the gross federal financial participation generated from the certification of funds by participating public entities.
(3) The remaining funds shall be transferred directly to reimburse public schools for certain costs which shall be based upon the actual costs of administrative outreach provided by the school districts on a pro rata basis.
B. The department shall be indemnified by either the subject school board, or by a single provider organization acting as agent for the school board, for any disallowances which are imposed by the Centers for Medicare and Medicaid Services related to school-based administrative claims of the school board. Each school board, and each single provider organization which acts on behalf of a school board as approved by the Centers for Medicare and Medicaid Services, shall enter into a hold harmless agreement with the department. If the Centers for Medicare and Medicaid Services should impose a disallowance upon the department, the school board or its single provider organization shall indemnify the department through future payment recoupments or in a lump sum repayment, whichever is deemed appropriate by the department. This indemnification is limited to the amount of funds transferred to each entity pursuant to this Chapter.
Acts 2001, No. 776, §1, eff. June 26, 2001; Acts 2004, No. 660, §1, eff. July 1, 2004.
A. The Louisiana Department of Health shall, as soon as practicable, have prepared for submission an application to the United States Department of Health and Human Services for the implementation of an intergovernmental transfer program. The application shall be submitted to the Centers for Medicare and Medicaid Services, United States Department of Health and Human Services by the department on a date to be determined by the Joint Legislative Committee on the Budget based on the recommendations of the Intergovernmental Transfer Subcommittee established pursuant to R.S. 46:2692(A)(2). The application shall facilitate a single provider organization as may be requested by the local school boards only if such facilitation is allowed by the Centers for Medicare and Medicaid Services. The Centers for Medicare and Medicaid Services must approve the cost allocation plan and methodology, time study frequency, and state match certification concepts prior to the drawing of any federal funds.
B. Subject to such recommendations and approval, the department shall make application to the United States Department of Health and Human Services for the implementation of an intergovernmental transfer program. The application shall include a detailed explanation of the department's plan to utilize the plan funds for the reimbursement of Medicaid school-based services and administrative claiming as allowed by law.
C. The Louisiana Department of Health is hereby authorized to adopt such rules as are necessary to conduct the intergovernmental transfer program in accordance with the provisions of this Chapter.
Acts 2001, No. 776, §1, eff. June 26, 2001; Acts 2018, No. 206, §5.
Repealed by Acts 2018, No. 612, §22, eff. July 1, 2020.
A.(1) The current methodology for reimbursement of services to Medicaid recipients provided by nursing homes was implemented in 1984 prior to major changes in federal laws relative to nursing home staffing, provision of patient care, enforcement, and regulatory requirements.
(2) The current methodology did not anticipate changes in Medicare and other health insurance programs that have resulted in patients with more complex medical problems being discharged to nursing homes.
(3) The current methodology provides a disincentive for capital formation to maintain and update physical plants of nursing homes and provides a disincentive to admit patients with high care needs.
(4) The legislature finds that a number of state Medicaid programs have adopted case mix reimbursement systems which factor into nursing homes' rates the care level and resource needs of the patients receiving services.
(5) The legislature further finds that a rental system for reimbursing capital costs would encourage investment in the renovation and replacement of nursing homes, creating a more homelike environment and better quality of life for the patients.
B. The purpose of this Chapter is to change the reimbursement methodology for nursing homes' services reimbursed through the Medicaid program to ensure that nursing homes are paid a rate that is reasonable and adequate.
Acts 2001, No. 694, §1, eff. July 1, 2001; Acts 2022, No. 271, §5.
A. The Louisiana Department of Health shall establish a case mix reimbursement methodology for nursing homes.
B. No later than October 1, 2010, the department shall promulgate rules and regulations in accordance with the Administrative Procedure Act to provide for a case mix reimbursement system. The rules and regulations shall include, at a minimum, the following:
(1) A payment commensurate with the resource requirements of patients through the use of an acuity-based system such as Resource Utilization Groups III (RUGs III) or an acuity-based system with nursing resource predictability comparable to RUGs. The payment and resource requirements shall be adjusted quarterly based on the case mix score for all patients of the nursing facility. Individual nursing facility rates shall be adjusted quarterly based on the overall case mix. The direct care costs, as determined in this Section, shall be re-established when the rates are re-based in accordance with the provisions of this Section.
(2) A payment for direct care costs at a level to achieve quality outcomes for patients and which is no less than one hundred twelve and four-tenths percent of the median of direct care costs for all facilities. The system establishes a spending floor of no more than ninety-four percent of the median direct care costs. If the department implements, through properly promulgated rules, reductions decreasing the average rate established under this system before any inflationary adjustments, the direct care spending floor shall be decreased in accordance with Subsection C of this Section.
(3) Incentives to encourage the admission and care of heavy-care patients.
(4) A rate for administrative and operating costs that is no less than one hundred and seven and one-half percent of the median administrative and operating costs of all facilities that provides facilities the resources to:
(a) Recruit qualified employees.
(b) Expand training and education.
(c) Implement competency standards.
(d) Develop the organizational capacity to implement quality management systems and practice guidelines.
(5) A rental system for payment of property costs that:
(a) Differentiates payment based upon the size, age, and condition of the facility. The system establishes a minimum of three hundred square feet per licensed bed and a maximum of four hundred and fifty square feet per licensed bed provided that the maximum square feet per licensed bed may be waived for consideration of private rooms.
(b) Provides the capital for renovation, improvement, and replacement of facilities by establishing a minimum rate of return of nine and one-quarter percent, a maximum annual depreciation rate of one and one-quarter percent and a maximum depreciable life of thirty years. The system will utilize current construction costs, indexed for inflation, adjusted by the facility's age and renovations and improvements to determine the facility's value.
(c) Encourages investment in physical plant upgrades and renovations by reducing the effective age, on a quarterly basis, of the facility for physical plant upgrades and renovations placed in service during the quarter. The reduction in the effective age will result in the facility value increasing by the cost of the renovation.
(d) Encourages long-term ownership by limiting the minimum occupancy penalty to no more than eighty-five percent of the licensed bed capacity and by reimbursing on the basis of the facility value as opposed to reimbursing on accounting cost.
(6) A rate pass-through for property taxes, property insurance, and provider fees.
(7) Utilization of the most current cost reports which shall be either audited or given an estimated audit adjustment factor based on historical audits for rate rebasing, at a minimum, biennially.
(8) Utilization of inflation factors that are predictive of actual nursing home cost increases during the rate year. At a minimum, the inflation factor to be applied shall be the Skilled Nursing Home without Capital Market Basket Index, published by Data Resources Incorporated, or a comparable index, if this index ceases to be published. The inflation factors shall be applied to the costs from the mid-point of the cost report year and projected to the mid-point of the rate year.
(9) A method for providing interim adjustments to the rates for unanticipated changes in costs.
(10) A provision for cost reports that shall be prepared in accordance with the cost reporting instructions adopted by the Medicare program using the definition of allowable and non-allowable costs contained in the Medicare/Medicaid provider reimbursement manual, with the exception that the department shall determine due dates and extensions.
(11) Rebasing of rates shall occur, at a minimum, biennially.
C. In the event the Louisiana Department of Health is required to implement reductions in the nursing home program as a result of a budget shortfall, a budget reduction category shall be created. This category shall reduce the statewide average Medicaid rate, without changing the parameters established in this Section, by reducing the reimbursement rate paid to each nursing home using an equal amount per patient per day. The direct care spending floor shall be decreased one percentage point for each thirty-cent reduction in the average Medicaid rate computed under this system not to be reduced to below ninety percent of the median.
D. Repealed by Acts 2018, No. 612, §22, eff. July 1, 2020.
Acts 2001, No. 694, §1, eff. July 1, 2001; Acts 2006, No. 848, §1; Acts 2009, No. 244, §1, eff. July 1, 2009; Acts 2010, No. 150, §1, eff. July 1, 2011; Acts 2010, No. 891, §1; Acts 2018, No. 612, §22, eff. July 1, 2020; Acts 2019, No. 404, §1, eff. July 1, 2020; Acts 2022, No. 271, §5.
The various specialty services in the state which provide skilled programs for infectious diseases, neuro-rehabilitation treatment, and technology-dependent care shall be excluded from the provisions of this Chapter.
Acts 2001, No. 694, §1, eff. July 1, 2001.
A. The secretary of the department shall establish a committee of fifteen persons composed of seven representatives from the department, the chairman of the Senate Committee on Health and Welfare, the chairman of the House Committee on Health and Welfare, five representatives of the Louisiana Nursing Home Association, and one representative of the Louisiana Association of Homes and Services for the Aging, to develop a plan to implement the provisions of this Chapter. The representatives of the Louisiana Nursing Home Association and the Louisiana Association of Homes and Services for the Aging shall be selected by the president of each organization respectively.
B. The committee shall recommend to the secretary:
(1) Rules and regulations to implement the new reimbursement system.
(2) A reimbursement mechanism for Medicaid therapy costs.
(3) A cost reporting document and an allowable cost manual.
(4) Hold harmless and phase-in provisions for the new reimbursement system.
(5) A medical review process including policies, procedures, and supporting documentation requirements.
Acts 2001, No. 694, §1, eff. July 1, 2001.
A. The Juvenile Justice Reform Act Implementation Commission, referred to in this Chapter as the "commission", is hereby created in the executive branch.
B.(1) The commission shall be composed as follows:
(a) The chief justice of the supreme court or an associate justice of the supreme court appointed by the chief justice of the state supreme court.
(b) One senator appointed by the president of the Senate.
(c) The commissioner of administration.
(d) The vice president for Administration and Management, Southern University and A&M College or his designee.
(e) One representative appointed by the speaker of the House.
(f) One representative appointed by the Louisiana District Attorneys Association.
(g) One representative appointed by the state public defender.
(h) A representative of the Families and Friends of Louisiana's Incarcerated Children.
(i) The chairman of the House Committee on Administration of Criminal Justice or his designee.
(2) Members shall be appointed, if required, and shall take office not later than July 15, 2003. Vacancies shall be filled in the manner of the original selection or as otherwise provided in this Section.
(3) Beginning on August 15, 2010, the representative appointed by the speaker of the House of Representatives shall serve as the chairperson of the commission for a period of one year. Beginning on August 15, 2011, the senator appointed by the president of the Senate shall serve as the chairperson of the commission for a period of one year. Each year thereafter, the House and Senate member shall rotate serving as chairperson for a one-year term each.
(4) The appointed representative of the Families and Friends of Louisiana's Incarcerated Children shall serve as the vice chairperson of the commission.
C. The commission shall have as its purpose the implementation of the recommendations contained in the Juvenile Justice Reform Act of 2003 and House Concurrent Resolution No. 56 or Senate Concurrent Resolution No. 31, or both, of the 2003 Regular Session of the Legislature, the continued reform of the state's juvenile justice system, the well-being of youth in the juvenile justice system during a public health emergency, and House Concurrent Resolution No. 47 of the 2020 Regular Session of the Legislature.
Acts 2003, No. 1225, §5; Acts 2008, No. 279, §1; Acts 2010, No. 571, §1; Acts 2018, No. 179, §1; Acts 2020, 2nd Ex. Sess., No. 28, §1, eff. Oct. 28, 2020.
A. The commission shall adopt such rules and procedures as it shall find necessary for the conduct of the activities and meetings of the commission.
B. No action shall be taken by the commission except by a favorable vote of a majority of the members. A quorum of the commission shall consist of a majority of the total membership thereof, and in the case of a vacancy, a quorum will consist of the majority of the remaining members.
C. The commission shall meet no later than January 15, 2021, and shall meet at such other times as necessary to accomplish its purposes.
D. The commission shall meet at least once each quarter.
E. The commission shall elect additional officers as it finds necessary.
Acts 2003, No. 1225, §5; Acts 2020, 2nd Ex. Sess., No. 28, §1, eff. Oct. 28, 2020.
A. The members of the commission shall serve without additional compensation. Travel, per diem, and other expenses may be paid by the member's respective employer or affiliated agency.
B. The commission may receive and expend funds appropriated or otherwise made available by the legislature or from any other source, including donations or gifts of money or services from public or private organizations or from any other sources, to be utilized for the purposes of the commission.
Acts 2003, No. 1225, §5.
A. The commission is authorized to utilize the personnel, facilities, and services of the legislature, executive departments and agencies, and the courts and judicial administrator. The commission may request of and utilize such counsel, research, assistance, personnel, facilities, and advice as may be obtained from any and all public sources and from any and all private sources, including but not restricted to private research agencies, consulting groups, individuals, and organizations.
B. The commission is authorized to make, or cause to be made, any study, review, or analysis that it may find useful to the purposes of this Chapter through personnel as provided in Subsection A of this Section or in cooperation with any public or private agency including universities, colleges, foundations, charitable corporations, research organizations, and consulting groups, and the commission may call upon the members or staffs of any and all existing departments or agencies of the state for data or assistance, or both, and all such agencies and departments shall cooperate with the commission.
C. The chairman of the commission may enter into any contract for the purpose of facilitating any provision of Subsection A or B of this Section.
D.(1) The commission shall have the power and authority to hold hearings, subpoena witnesses, administer oaths, require the production of books and records, and do all other things necessary to discharge its duties and responsibilities under this Chapter. However, a subpoena or a subpoena duces tecum shall be issued only upon the approval of a majority of the members of the commission. Subpoenas shall be served by the sheriff or by any other officer authorized by law to serve process in this state.
(2) In the case of failure or refusal of a person to comply with a subpoena issued by the commission, or in the case of the refusal of a witness to testify or answer as to a matter regarding that which he may be lawfully interrogated, any district court on the application of the commission may issue an attachment for the person to compel him to comply with the subpoena and to appear before the commission with the desired documents and to give testimony upon whatever matters are lawfully required. The court may punish for contempt those disobeying its orders as in the case of disobedience of a subpoena issued by the court or refusal to testify therein.
Acts 2003, No. 1225, §5.
A. The commission shall make, or cause to be made, all such studies, reviews, or analysis which it finds necessary to effect its purpose.
B. The commission in its consideration of the recommendations of the Juvenile Justice Reform Act of 2003 and House Concurrent Resolution No. 56 or Senate Concurrent Resolution No. 31, or both, of the 2003 Regular Session of the Legislature, and in the consideration of recommendation of other juvenile justice reform measures shall address such issues as:
(1) The creation of a single state entity for providing services to children and their families, as more fully set forth in R.S. 46:2757.
(2) The closure of Swanson Correctional Center for Youth-Madison Parish Unit as a facility for juveniles, as more fully set forth in R.S. 15:902.2, and the development of a comprehensive plan to reduce the over reliance on secure incarceration and provide community-based services including a time schedule for statewide implementation for the plan.
(3) The closure of Jetson Center for Youth-East Baton Rouge Parish Unit as a facility for juveniles, as set forth in R.S. 15:902.4, and the development of a comprehensive plan to reduce the over-reliance on secure incarceration and provide community-based services including a time schedule for statewide implementation for the plan.
(4) The priorities of state entities funding children and family services by:
(a) Receiving reports of the allocations and expenditures of all federal and state juvenile grant funds earmarked for law enforcement, treatment, rehabilitation, and education.
(b) Evaluating how juvenile monies, both state and federal, are utilized in implementing juvenile delinquency prevention programs by state and local agencies.
(c) Identifying and evaluating the effectiveness of state and local public awareness and delinquency prevention programs in both the public and private sectors to develop a series of recommendations for improving the effectiveness of such programs.
(d) Evaluating specific problem areas relating to the enforcement of laws concerning juvenile delinquency and making recommendations to improve the impact of those laws through legislative refinement or executive order.
(e) Assessing the roles and interaction of federal, state, and local law enforcement agencies and entities in combating juvenile delinquency to make recommendations for improving their effectiveness.
(5) The well-being of youth in the juvenile justice system during a public health emergency and House Concurrent Resolution No. 47 of the 2020 Regular Session of the Legislature.
C. The commission may also:
(1) Review and comment on the progress reports submitted to it by the Children's Cabinet and its affiliated boards.
(2) Review and comment on various proposals for the annual children's budget before completion and submission of the budget to the appropriate standing committees of the legislature by the Children's Cabinet.
(3) Make recommendations for improving juvenile justice through proposed legislation, resolutions, or other expressions of legislative intent.
(4) Monitor and advocate for juvenile justice legislation and other actions relating to the reform of juvenile justice and the restructuring of the delivery of services to children and their families.
(5) Take any other action it deems appropriate relating to the restructuring or rendering, or both, of juvenile services.
(6) Hire staff and other necessary personnel as may be necessary to carry out the functions of the commission.
Acts 2003, No. 1225, §5; Acts 2008, No. 565, §7; Acts 2020, 2nd Ex. Sess., No. 28, §1, eff. Oct. 28, 2020.
The commission shall report to the legislature and the governor with respect to the findings of such studies, reviews, and analysis as it may undertake. The commission shall submit its initial report prior to the 2004 Regular Session of the Legislature, annual reports prior to each regular session of the legislature, and at such other times as it shall deem appropriate.
Acts 2003, No. 1225, §5; Acts 2020, 2nd Ex. Sess., No. 28, §1, eff. Oct. 28, 2020.
A. The legislature hereby finds and declares that the creation of a single state entity for the delivery of services to children and their families would offer the state many benefits, including:
(1) The facilitation of more effective communication, coordination, and collaboration of agencies and personnel within the new state entity.
(2) The facilitation of the development of a new system of service delivery providing a single pool of financing, single points of entry, a comprehensive system of case management, and wraparound services for children and families.
(3) The generation of savings from the elimination of redundant administrative, management, and programmatic functions and from the realignment of state and local functions, particularly the new programmatic emphasis on community-based services, and the reinvestment of those savings into new services for children and families.
(4) The creation of new leadership, infused with a sense of urgency and a more appropriate sense of mission, to aggressively create a better culture and structure for administering juvenile justice.
B. The legislature hereby further finds and declares that the creation of a single state entity for the delivery of services to children and their families should incorporate, to the extent deemed appropriate by the commission, services rendered by the office of children and family services, Department of Children and Family Services, the office of public health and office of behavioral health, Louisiana Department of Health, the office of juvenile justice, Department of Public Safety and Corrections, and the Department of Education.
C.(1) Based on the findings and intent of the legislature as declared in Subsections A and B of this Section, the commission shall develop a plan for the creation of a single state entity to provide services to children and their families, which plan shall:
(a) Clearly state the purpose and objectives of the single state entity.
(b) Designate and describe the nature of the single state entity, including the appropriate level of the organizational unit and its placement in the organizational structure of state government.
(c) Provide for the internal organization and structure of the single state entity, including its officers and component units and the structure, powers, duties, functions, and responsibilities of each.
(d) Provide for the transfer of organizational entities of state government and their powers, duties, functions, and responsibilities to the single state entity and for any organizational changes made necessary by such transfers in other affected units of government.
(e) Identify and provide specifics concerning requirements for implementing the single state agency, including but not limited to necessary personnel, funds, office space, facilities, and equipment. Such specifics shall include such information as: total dollars requested by appropriate budget categories and, to the extent appropriate, by program and by organizational unit; the number and classification of necessary personnel, by program and organizational unit; explanation of how the requirements will be provided, including the transfer and utilization of the personnel, funds, facilities, and equipment of transferred entities; how functions, including management and finance-related functions and data processing, will be consolidated; and how services may be provided more effectively.
(f) Provide additional funding requests for technology capable of allowing the electronic sharing and integration of data and information relating to child protection, delinquency, families in need of services, and other children, youth and family information.
(2) Repealed by Acts 2022, No. 271, §7.
D. Repealed by Acts 2008, No. 780, §2.
Acts 2003, No. 1225, §5; Acts 2008, No. 565, §7; Acts 2008, No. 780, §2; Acts 2009, No. 384, §5, eff. July 1, 2010; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2022, No. 271, §§5, 7.
This Chapter shall be known and may be cited as the "Improved Outcomes for At-Risk Youths Act".
Acts 2013, No. 214, §1.
A. The legislature finds that:
(1) A significant number of youths involved in the juvenile justice system are in need of mental health services or have experienced involvement in the child welfare system. These youths are often referred to as "crossover youths" as they receive services from multiple agencies.
(2) Research has shown that a single, targeted case management system can better track "crossover youths" from system to system, target services to those youths, and assist in lowering recidivism, out-of-home placements, and potential adult incarceration.
(3) In 2011, Louisiana created the Coordinated System of Care to better leverage the monies flowing into juvenile mental health services for youths with severe disturbances. Opportunities exist and should be pursued for greater collaboration and sharing of information across all systems to benefit such youths.
(4) A complete continuum of care for at-risk youths will reduce the number of youths who enter into the juvenile and criminal justice systems, improve access to treatment and rehabilitative services for youths currently involved in the system, and reduce recidivism by:
(a) Improving coordination and access to programs focusing on prevention and early intervention.
(b) Improving access to treatment, rehabilitation, and educational services to youths currently involved in multiple systems in Louisiana.
(c) Developing a mechanism for youths exiting the juvenile justice and child welfare systems to obtain the educational and workforce training necessary to ensure that such youths exit as self-sufficient, productive young adults who are less likely to be reliant on social services or enter the adult correctional system.
B. A comprehensive and integrated delivery system of case management for at-risk youths should be developed to ensure that every at-risk youth has access to the appropriate resources to become a self-sufficient and productive adult.
Acts 2013, No. 214, §1.
A. The deputy secretary of the Department of Public Safety and Corrections, youth services, office of juvenile justice, and the secretary of the Department of Children and Family Services shall evaluate programs to be included in the Integrated Case Management System.
B. The programs and services to be evaluated for inclusion in the system shall include but are not limited to:
(1) Truancy assessment service centers.
(2) Families in Need of Services.
(3) The Louisiana Behavioral Health Partnership, including the Coordinated System of Care.
(4) Child welfare programs.
(5) Education and workforce training programs.
(6) Juvenile probation and parole services.
(7) Non-secure and secure out-of-home placements.
(8) Any other program or service identified for inclusion.
C. In order to facilitate the development of a complete continuum of care for at-risk youths, the departments shall:
(1) Develop an outline for the creation of and transition to an integrated case management system focusing on the behavioral health, rehabilitative, and educational needs of youths who are at risk for involvement in, currently involved in, or exiting the juvenile justice and child welfare system.
(2) Identify the prevalence of youths served by multiple systems.
(3) Identify opportunities to more efficiently and effectively deliver programs and services to at-risk youths across all systems of care focusing on:
(a) Prevention.
(b) Early intervention.
(c) Treatment and rehabilitation.
(d) Continuity of education and workforce training.
(e) Re-introduction into the community.
(4) Develop mechanisms to leverage available state and federal funds for the purposes of this Chapter.
(5) Establish a timeline for the creation and implementation of the integrated case management system providing for such system to be fully operational no later than July 1, 2015.
D. The departments shall submit their recommendations formulated by the impacted agencies to the Juvenile Justice Reform Act Implementation Commission for review and comment by the commission.
E, F. Repealed by Acts 2022, No. 252, §4.
Acts 2013, No. 214, §1; Acts 2018, No. 206, §5; Acts 2022, No. 252, §4; Acts 2023, No. 387, §2, eff. June 14, 2023.
Redesignated as R.S. 40:1242 by Acts 2022, No. 271, §9B.
A. There is hereby established the Care for Evacuated Patients Program, to be administered by the secretary of the Louisiana Department of Health, hereinafter referred to as the "secretary". In the event that a state of emergency is declared by the governing authority of the political subdivision in which a public hospital is located, and such emergency necessitates the evacuation of patients from the state hospital, the provision of medical care by a nonstate hospital to patients of the state hospital who are admitted to the nonstate hospital as a direct result of the evacuation shall be eligible for reimbursement by the state as provided in this Section with the payment of such reimbursements being contingent upon the appropriation of funds therefor.
B.(1) Medically necessary services rendered to medically indigent patients, or those insured by Medicaid, from the date of the admission necessitated by evacuation of the patient from a state hospital through the sixtieth day of such admission shall be eligible for payment by the state. For patients who are medically indigent, the state shall pay on a per service basis an amount not to exceed the Medicare DRG rate for each such service. For patients who are insured by Medicaid, the state shall pay on a per service basis the difference between the Medicaid rate and the Medicare DRG rate for each such service.
(2) Within one hundred twenty days of the declaration of the emergency, each hospital seeking reimbursement for services to be paid pursuant to this Section shall submit to the secretary a detailed statement of the costs of services rendered for which they seek reimbursement. The secretary shall, within one hundred eighty days of the declaration of the emergency, submit to the Interim Emergency Board a request for funding the payment of the total amounts owed to hospitals which have submitted statements for reimbursement. Monies appropriated through the Interim Emergency Board shall be distributed to the recipient hospitals within fifteen days after promulgation of the ballot authorizing the payments to the hospitals. In the event that monies appropriated are not sufficient to fully fund the total amounts owed, the secretary of the Louisiana Department of Health is authorized to apply a pro rata reduction to the amount paid to each hospital.
(3) The secretary is authorized to provide through rulemaking any additional requirements he deems appropriate and necessary to carry out the provisions of this Section.
Acts 2006, No. 410, §2, eff. June 15, 2006.
Repealed by Acts 2017, No. 237, §3.
Repealed by Acts 2012, No. 834, §13, eff. July 1, 2012.
This Chapter shall be known and may be cited as "The Umbilical Cord Blood Banking Program Act".
Acts 2008, No. 163, §1.
A. The Umbilical Cord Blood Banking Program is hereby established within the Louisiana Department of Health to promote public awareness of the potential benefits of cord blood banking, to promote research into the uses of cord blood, and to facilitate predelivery arrangements for banking of cord blood donations.
B. The department shall:
(1) Develop a public education and outreach campaign via written materials, brochures, the Internet, and public service announcements to promote cord blood banking awareness and the benefits of cord blood banking.
(2) Develop educational materials and brochures which shall be made available to the general public and potential cord blood donors through parish health units, health care practitioners, including obstetricians, gynecologists, and pediatricians, health maintenance organizations, hospitals, walk-in medical centers, mobile care units, surgical centers, urgent care centers, and clinics and organizations serving pregnant women.
(3) Coordinate and promote professional education programs for health care providers on the benefits of cord blood banking.
(4) Establish a statewide toll-free telephone number to receive requests for information and to direct potential cord blood donors to available cord blood banks serving the area in which a potential donor resides.
(5) Promulgate rules and regulations necessary to implement the provisions of this Chapter in accordance with the Administrative Procedure Act.
C. The department shall accept and expend any grants, awards, or other funds as may be made available for the purposes of this Section. Subject to an appropriation from the legislature, the department shall implement the provisions of this Section.
Acts 2008, No. 163, §1.
Redesignated as R.S. 40:1244.1 by Acts 2022, No. 271, §9C.
Repealed by Acts 2018, No. 612, §22, eff. July 1, 2020.
Repealed by Acts 2016, No. 301, §3, eff. June 2, 2016.
Repealed by Acts 2016, No. 301, §3, eff. June 2, 2016.
Repealed by Acts 2016, No. 301, §3, eff. June 2, 2016.
A. Notwithstanding any other provision of the law to the contrary, no health benefit paid directly or indirectly with state funds including but not limited to Medicaid shall deny coverage for medically necessary treatment prescribed by a physician and agreed to by a fully informed individual or, if the individual lacks legal capacity to consent, by a person who has legal authority to consent on the individual's behalf, based solely on an individual's life expectancy or the fact that the individual has been diagnosed with a terminal condition.
B. Refusing coverage for medically necessary treatment to be rendered to an individual based solely on the individual's life expectancy or the fact that the individual has been diagnosed with a terminal condition shall be a violation of this Section.
C. As used in this Section, "terminal condition" means any malignancy or chronic end-stage cardiovascular or cerebral vascular disease that is likely to result in the individual's death.
Acts 2014, No. 541, §2, eff. June 5, 2014.
Connect Omnilex to search the legal corpus from your AI assistant.