La. Rev. Stat. § 46:1844 — LA Code / Code revised-statutes / Title 46 / Section 1844
Basic rights for victim and witness
Status: in_force

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.
La. Rev. Stat. § 46:465 — LA Code / Code revised-statutes / Title 46 / Section 465
Pauper fund appropriations
Status: in_force

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.
La. Rev. Stat. § 46:2754 — LA Code / Code revised-statutes / Title 46 / Section 2754
Commission authority generally; staff services; state agency assistance
Status: in_force

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.
La. Rev. Stat. § 46:51 — LA Code / Code revised-statutes / Title 46 / Section 51
Duties of the department
Status: in_force

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.
La. Rev. Stat. § 46:437.13 — LA Code / Code revised-statutes / Title 46 / Section 437.13
Powers and duties of the department
Status: in_force

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.
La. Rev. Stat. § 46:439.3 — LA Code / Code revised-statutes / Title 46 / Section 439.3
Qui tam action procedures; alternative remedies
Status: in_force

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.
La. Rev. Stat. § 46:1443.3 — LA Code / Code revised-statutes / Title 46 / Section 1443.3
Child Care and Development Fund state plan; access by homeless families to child care assistance
Status: in_force

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.
La. Rev. Stat. § 46:2143 — LA Code / Code revised-statutes / Title 46 / Section 2143
Use of electronic monitoring of offenders; pilot program
Status: in_force

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.
La. Rev. Stat. § 46:236.1.9 — LA Code / Code revised-statutes / Title 46 / Section 236.1.9
Family and child support programs; duties; courts; agencies; party status
Status: in_force

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.
La. Rev. Stat. § 46:460.6 — LA Code / Code revised-statutes / Title 46 / Section 460.6
Individual development account
Status: in_force

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.
La. Rev. Stat. § 46:460.77.3 — LA Code / Code revised-statutes / Title 46 / Section 460.77.3
Staff training requirements
Status: in_force

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.
La. Rev. Stat. § 46:2169 — LA Code / Code revised-statutes / Title 46 / Section 2169
Office of human trafficking prevention
Status: in_force

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.
La. Rev. Stat. § 46:59 — LA Code / Code revised-statutes / Title 46 / Section 59
Welfare demonstration, experimental and other projects
Status: in_force

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.
La. Rev. Stat. § 46:1060 — LA Code / Code revised-statutes / Title 46 / Section 1060
District to constitute body corporate; powers
Status: in_force

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.
La. Rev. Stat. § 46:1655 — LA Code / Code revised-statutes / Title 46 / Section 1655
Transfer of records, money and equipment
Status: in_force

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.
La. Rev. Stat. § 46:155 — LA Code / Code revised-statutes / Title 46 / Section 155
Incapacity required
Status: in_force

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.
La. Rev. Stat. § 46:508 — LA Code / Code revised-statutes / Title 46 / Section 508
Parish and city may combine funds
Status: in_force

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.
La. Rev. Stat. § 46:158 — LA Code / Code revised-statutes / Title 46 / Section 158
Prohibition of discrimination against dental care services
Status: in_force

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.
La. Rev. Stat. § 46:1098.6 — LA Code / Code revised-statutes / Title 46 / Section 1098.6
Qualifications of board of commissioners
Status: in_force

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.
La. Rev. Stat. § 46:1098.13 — LA Code / Code revised-statutes / Title 46 / Section 1098.13
Tax collection and allocation of proceeds
Status: in_force

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.
La. Rev. Stat. § 46:1854 — LA Code / Code revised-statutes / Title 46 / Section 1854
Persons eligible for awards
Status: in_force

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.
La. Rev. Stat. § 46:2595 — LA Code / Code revised-statutes / Title 46 / Section 2595
Mandatory training requirements
Status: in_force

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.
La. Rev. Stat. § 46:18 — LA Code / Code revised-statutes / Title 46 / Section 18
Health care records; copies
Status: in_force

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.
La. Rev. Stat. § 46:1917 — LA Code / Code revised-statutes / Title 46 / Section 1917
Cooperation by other state departments and agencies
Status: in_force

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.
La. Rev. Stat. § 46:236.14 — LA Code / Code revised-statutes / Title 46 / Section 236.14
Employer reporting program
Status: in_force

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.
La. Rev. Stat. § 46:193 — LA Code / Code revised-statutes / Title 46 / Section 193
Utility relief
Status: in_force

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.

1 42 U.S.C.A. §8601 et seq.
La. Rev. Stat. § 46:2415 — LA Code / Code revised-statutes / Title 46 / Section 2415
Training of local citizen review boards
Status: in_force

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.
La. Rev. Stat. § 46:2161 — LA Code / Code revised-statutes / Title 46 / Section 2161
Human trafficking victims services plan; children
Status: in_force

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.
La. Rev. Stat. § 46:1110 — LA Code / Code revised-statutes / Title 46 / Section 1110
Repayment not required
Status: in_force

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.
La. Rev. Stat. § 46:928 — LA Code / Code revised-statutes / Title 46 / Section 928
Application consideration; notification; issuance of warrant
Status: in_force

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.
La. Rev. Stat. § 46:2692 — LA Code / Code revised-statutes / Title 46 / Section 2692
Intergovernmental transfer program
Status: in_force

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.
La. Rev. Stat. § 46:1072 — LA Code / Code revised-statutes / Title 46 / Section 1072
Definitions
Status: in_force

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.
La. Rev. Stat. § 46:60 — LA Code / Code revised-statutes / Title 46 / Section 60
Educational leaves with pay; federal funds
Status: in_force

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.
La. Rev. Stat. § 46:2192 — LA Code / Code revised-statutes / Title 46 / Section 2192
Remote access suspension; survivor of a covered act
Status: in_force

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.
La. Rev. Stat. § 46:286.13 — LA Code / Code revised-statutes / Title 46 / Section 286.13
Rights
Status: in_force

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.
La. Rev. Stat. § 46:977.4 — LA Code / Code revised-statutes / Title 46 / Section 977.4
Louisiana Children and Youth Health Insurance Program; creation
Status: in_force

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.
La. Rev. Stat. § 46:2138 — LA Code / Code revised-statutes / Title 46 / Section 2138
Assistance; clerk of court; domestic abuse advocate
Status: in_force

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.
La. Rev. Stat. § 46:1062.1 — LA Code / Code revised-statutes / Title 46 / Section 1062.1
Contracts; Tensas Parish
Status: in_force

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.
La. Rev. Stat. § 46:231.14 — LA Code / Code revised-statutes / Title 46 / Section 231.14
Prohibited retailers, goods, and services; penalties; appeals
Status: in_force

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.
La. Rev. Stat. § 46:2571 — LA Code / Code revised-statutes / Title 46 / Section 2571
Declaration of purpose
Status: in_force

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.}}
La. Rev. Stat. § 46:1607 — LA Code / Code revised-statutes / Title 46 / Section 1607
Silver-haired legislature
Status: in_force

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.
La. Rev. Stat. § 46:2116.3 — LA Code / Code revised-statutes / Title 46 / Section 2116.3
Subsidy; eligibility; status
Status: in_force

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.
La. Rev. Stat. § 46:1814 — LA Code / Code revised-statutes / Title 46 / Section 1814
Effect of reparations award on right to recover damages in civil action; repayment of award
Status: in_force

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.
La. Rev. Stat. § 46:2605 — LA Code / Code revised-statutes / Title 46 / Section 2605
Children's Cabinet Advisory Board
Status: in_force

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.
La. Rev. Stat. § 46:926 — LA Code / Code revised-statutes / Title 46 / Section 926
Scholarships; amount
Status: in_force

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.
La. Rev. Stat. § 46:1430 — LA Code / Code revised-statutes / Title 46 / Section 1430
Operating in violation of regulations; penalties and fines
Status: in_force

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.
La. Rev. Stat. § 46:1259 — LA Code / Code revised-statutes / Title 46 / Section 1259
Restrictions on use of records
Status: in_force

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.
La. Rev. Stat. § 46:1605 — LA Code / Code revised-statutes / Title 46 / Section 1605
Local councils subject to policies and regulations of the office; revocation or surrender of charters
Status: in_force

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.
La. Rev. Stat. § 46:2266 — LA Code / Code revised-statutes / Title 46 / Section 2266
Powers, duties, functions of the advisory council
Status: in_force

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.
La. Rev. Stat. § 46:2420 — LA Code / Code revised-statutes / Title 46 / Section 2420
Progress reports by foster parents, agencies and institutions; filing
Status: in_force

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.
La. Rev. Stat. § 46:923 — LA Code / Code revised-statutes / Title 46 / Section 923
Rape crisis treatment services
Status: in_force

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.
La. Rev. Stat. § 46:112 — LA Code / Code revised-statutes / Title 46 / Section 112
Payment for funeral of recipient
Status: in_force

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.
La. Rev. Stat. § 46:930 — LA Code / Code revised-statutes / Title 46 / Section 930
Return to practice; failure to comply; remittance; death cancellation; disability; waivers
Status: in_force

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.
La. Rev. Stat. § 46:929 — LA Code / Code revised-statutes / Title 46 / Section 929
Contract for scholarship; contingent
Status: in_force

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.
La. Rev. Stat. § 46:2202 — LA Code / Code revised-statutes / Title 46 / Section 2202
Authorization for matching funds
Status: in_force

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.

1 49 U.S.C.A. §1601 et seq.
La. Rev. Stat. § 46:1445.11 — LA Code / Code revised-statutes / Title 46 / Section 1445.11
Legal representation in adoption proceedings
Status: in_force

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.
La. Rev. Stat. § 46:236.1.12 — LA Code / Code revised-statutes / Title 46 / Section 236.1.12
Transfer of child support obligation to third party
Status: in_force

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.
La. Rev. Stat. § 46:153.3.1 — LA Code / Code revised-statutes / Title 46 / Section 153.3.1
Medicaid medication therapy management
Status: in_force

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.
La. Rev. Stat. § 46:236.11.2 — LA Code / Code revised-statutes / Title 46 / Section 236.11.2
Deposit, distribution, and issuance of payments
Status: in_force

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.
La. Rev. Stat. § 46:440.21 — LA Code / Code revised-statutes / Title 46 / Section 440.21
Medicaid program integrity measures
Status: in_force

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.
La. Rev. Stat. § 46:1105 — LA Code / Code revised-statutes / Title 46 / Section 1105
Warrant issued for scholarship
Status: in_force

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.
La. Rev. Stat. § 46:1831.11 — LA Code / Code revised-statutes / Title 46 / Section 1831.11
Recovery from the offender
Status: in_force

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.
La. Rev. Stat. § 46:437.10 — LA Code / Code revised-statutes / Title 46 / Section 437.10
Continuing liability; assumption of liability
Status: in_force

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.
La. Rev. Stat. § 46:114.4 — LA Code / Code revised-statutes / Title 46 / Section 114.4
Fraud Detection Fund
Status: in_force

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.
La. Rev. Stat. § 46:1193 — LA Code / Code revised-statutes / Title 46 / Section 1193
Authority
Status: in_force

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.
La. Rev. Stat. § 46:2354 — LA Code / Code revised-statutes / Title 46 / Section 2354
Employees
Status: in_force

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.
La. Rev. Stat. § 46:1951 — LA Code / Code revised-statutes / Title 46 / Section 1951
Statement of policy
Status: in_force

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.
La. Rev. Stat. § 46:440.15 — LA Code / Code revised-statutes / Title 46 / Section 440.15
Healthcare provider appeals process
Status: in_force

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.
La. Rev. Stat. § 46:440.14 — LA Code / Code revised-statutes / Title 46 / Section 440.14
Recovery audit contractors; required functions and tasks
Status: in_force

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.
La. Rev. Stat. § 46:2709 — LA Code / Code revised-statutes / Title 46 / Section 2709
Enforcement actions
Status: in_force

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.
La. Rev. Stat. § 46:2251 — LA Code / Code revised-statutes / Title 46 / Section 2251
Short title
Status: in_force

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.
La. Rev. Stat. § 46:460.86 — LA Code / Code revised-statutes / Title 46 / Section 460.86
Independent reviewers
Status: in_force

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.
La. Rev. Stat. § 46:288.9 — LA Code / Code revised-statutes / Title 46 / Section 288.9
Extension of subsidy
Status: in_force

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.
La. Rev. Stat. § 46:460.4 — LA Code / Code revised-statutes / Title 46 / Section 460.4
Educational opportunities to promote self-sufficiency
Status: in_force

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.
La. Rev. Stat. § 46:1432 — LA Code / Code revised-statutes / Title 46 / Section 1432
Duties of the clearinghouse
Status: in_force

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.
La. Rev. Stat. § 46:1427 — LA Code / Code revised-statutes / Title 46 / Section 1427
Parent-child relationship
Status: in_force

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.
La. Rev. Stat. § 46:159.1 — LA Code / Code revised-statutes / Title 46 / Section 159.1
Hospice care pilot program; rules and regulations
Status: in_force

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.
La. Rev. Stat. § 46:1139 — LA Code / Code revised-statutes / Title 46 / Section 1139
Waiver; suspension of obligation
Status: in_force

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.
La. Rev. Stat. § 46:2607 — LA Code / Code revised-statutes / Title 46 / Section 2607
Partners in Protecting Children Subcommittee
Status: in_force

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.