La. Rev. Stat. § 46:437.3 — LA Code / Code revised-statutes / Title 46 / Section 437.3
Definitions
Status: in_force

As used in this Part, the following terms have the following meanings:

(1) "Administrative adjudication" means adjudication and the adjudication process contained in the Administrative Procedure Act.

(2) "Agent" means a person who is employed by or has a contractual relationship with a health care provider or who acts on behalf of the health care provider.

(3) "Billing agent" means an agent who performs any or all of the health care provider's billing functions.

(4) "Billing" or "bills" means submitting, or attempting to submit, a claim for goods, services, or supplies.

(5) "Claim" means any request or demand, whether under a contract or otherwise, for money or property, whether or not the state or department has title to the money or property, that is drawn in whole or in part on medical assistance programs funds that are either of the following:

(a) Presented to an officer, employee, or agent of the state or department.

(b) Made to a contractor, grantee, or other recipient, if the money or property is to be spent or used in any manner in any program administered by the department under the authority of federal or state law, rule, or regulation, and if the state or department does either of the following:

(i) Provides or has provided any portion of the money or property requested or demanded.

(ii) Reimburses the contractor, grantee, or other recipient for any portion of the money or property which is requested or demanded.

A claim may be based on costs or projected costs and includes any entry or omission in a cost report or similar document, book of account, or any other document which supports, or attempts to support, the claim. A claim may be made through electronic means if authorized by the department. Each claim may be treated as a separate claim or several claims may be combined to form one claim.

(6) "Department" means the Louisiana Department of Health.

(7) "Good, service, or supply" means any good, item, device, supply, or service for which a claim is made, or is attempted to be made, in whole or part.

(8) "Health care provider" means any person furnishing or claiming to furnish a good, service, or supply under the medical assistance programs, any other person defined as a health care provider by federal or state law or by rule, and a provider-in-fact.

(9) "Knowing" or "knowingly" means that the person has actual knowledge of the information or acts in deliberate ignorance or reckless disregard of the truth or falsity of the information. No proof of specific intent to defraud is required.

(10) "Managed care organization" means any person or entity contracted with the department for the provision or management of healthcare benefits under the medical assistance programs through a capitated rate.

(11) "Managing employee" means a person who exercises operational or managerial control over, or who directly or indirectly conducts, the day-to-day operations of a health care provider. "Managing employee" shall include but is not limited to a chief executive officer, president, general manager, business manager, administrator, or director.

(12) "Material" means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property.

(13) "Medical assistance programs" means the Medical Assistance Program, also known as Title XIX of the Social Security Act and commonly referred to as "Medicaid", and other programs administered by the department.

(14) "Obligation" means an established duty, whether or not fixed, arising from an express or implied contractual, grantor, grantee, or licensor-licensee relationship, from a free-based or similar relationship, from statute or regulation, or from the retention of any overpayment.

(15) "Order" means a final order imposed pursuant to an administrative adjudication.

(16) "Ownership interest" means the possession, directly or indirectly, of equity in the capital or the stock, or the right to share in the profits, of a health care provider.

(17) "Property" means any and all property, movable and immovable, corporeal and incorporeal.

(18) "Provider agreement" means a document which is required as a condition of enrollment or participation as a health care provider under the medical assistance programs.

(19) "Provider-in-fact" means an agent who directly or indirectly participates in management decisions, has an ownership interest in the health care provider, or other persons defined as a provider-in-fact by federal or state law or by rule.

(20) "Recipient" means an individual who is eligible to receive health care through the medical assistance programs.

(21) "Recovery" means the recovery of overpayments, damages, fines, penalties, costs, expenses, restitution, attorney fees, or interest or settlement amounts.

(22) "Rule" means any rule or regulation promulgated by the department in accordance with the Administrative Procedure Act and any federal rule or regulation promulgated by the federal government in accordance with federal law.

(23) "Sanction" shall include but is not limited to any or all of the following:

(a) Recoupment.

(b) Posting of bond, other security, or a combination thereof.

(c) Exclusion as a health care provider.

(d) A monetary penalty.

(24) "Secretary" means the secretary of the Louisiana Department of Health, or his authorized designee.

(25) "Secretary or attorney general" means that either party is authorized to institute a proceeding or take other authorized action as provided in this Part pursuant to a memorandum of understanding between the two so as to notify the public as to whether the secretary or the attorney general is the deciding or controlling party in the proceeding or other authorized matter; however the secretary may pursue an action pursuant to R.S. 46:438.1 et seq. only if the department referred the matter to the attorney general and the attorney general notified the secretary, in writing, that he declines to proceed with the matter.

(26) "Withhold payment" means to reduce or adjust the amount, in whole or in part, to be paid to a health care provider for a pending or future claim during the time of a criminal, civil, or departmental investigation or proceeding or claims review of the health care provider.

Acts 1997, No. 1373, §1; Acts 2011, No. 185, §§1, 3; Acts 2025, No. 206, §§1, 2.
La. Rev. Stat. § 46:1831.7 — LA Code / Code revised-statutes / Title 46 / Section 1831.7
Amount of reparations award
Status: in_force

Awards payable under this Chapter shall not exceed sixty thousand dollars per occurrence, in the aggregate, for all claims arising out of the same crime. No survivor shall recover more than fifteen thousand dollars on behalf of each victim.

Acts 2023, No. 451, §2.

NOTE: Pursuant to R.S. 46:1831.16, this Chapter will terminate Aug. 1, 2027.
La. Rev. Stat. § 46:2771 — LA Code / Code revised-statutes / Title 46 / Section 2771
Care for Evacuated Patients Program
Status: in_force

A. There is hereby established the Care for Evacuated Patients Program, to be administered by the secretary of the Louisiana Department of Health, hereinafter referred to as the "secretary". In the event that a state of emergency is declared by the governing authority of the political subdivision in which a public hospital is located, and such emergency necessitates the evacuation of patients from the state hospital, the provision of medical care by a nonstate hospital to patients of the state hospital who are admitted to the nonstate hospital as a direct result of the evacuation shall be eligible for reimbursement by the state as provided in this Section with the payment of such reimbursements being contingent upon the appropriation of funds therefor.

B.(1) Medically necessary services rendered to medically indigent patients, or those insured by Medicaid, from the date of the admission necessitated by evacuation of the patient from a state hospital through the sixtieth day of such admission shall be eligible for payment by the state. For patients who are medically indigent, the state shall pay on a per service basis an amount not to exceed the Medicare DRG rate for each such service. For patients who are insured by Medicaid, the state shall pay on a per service basis the difference between the Medicaid rate and the Medicare DRG rate for each such service.

(2) Within one hundred twenty days of the declaration of the emergency, each hospital seeking reimbursement for services to be paid pursuant to this Section shall submit to the secretary a detailed statement of the costs of services rendered for which they seek reimbursement. The secretary shall, within one hundred eighty days of the declaration of the emergency, submit to the Interim Emergency Board a request for funding the payment of the total amounts owed to hospitals which have submitted statements for reimbursement. Monies appropriated through the Interim Emergency Board shall be distributed to the recipient hospitals within fifteen days after promulgation of the ballot authorizing the payments to the hospitals. In the event that monies appropriated are not sufficient to fully fund the total amounts owed, the secretary of the Louisiana Department of Health is authorized to apply a pro rata reduction to the amount paid to each hospital.

(3) The secretary is authorized to provide through rulemaking any additional requirements he deems appropriate and necessary to carry out the provisions of this Section.

Acts 2006, No. 410, §2, eff. June 15, 2006.
La. Rev. Stat. § 46:1098.9 — LA Code / Code revised-statutes / Title 46 / Section 1098.9
Board officers; powers, duties, and responsibilities
Status: in_force

The duties and responsibilities of the officers of the board of commissioners shall be as follows:

(1) The chairman shall preside over all meetings, decide all questions of procedure, and have all authority generally granted to chairmen and other presiding officers. Except as otherwise provided in this Part, he may vote on any issue before the commission, and he shall vote to break a tie in any vote taken by the commission. Except to break a tie, he shall have no vote in the selection of the vice chairman. The chairman shall appoint all standing committees and their officers not later than September 30, 2020, and annually thereafter, and he shall appoint all other committees and their officers whether or not such committees consist of commission members. The chairman shall have the right and power to interest himself in all affairs of the district and the facilities operated by the district.

(2) The vice chairman shall act as chairman in the absence of the chairman.

(3) The secretary-treasurer shall issue notices of all regular and special meetings, receive and attend to all correspondence of the commission, have custody of all documents of the board, and otherwise perform such acts as usually pertain to his office.

Acts 2020, No. 365, §1, eff. June 12, 2020.
La. Rev. Stat. § 46:2185 — LA Code / Code revised-statutes / Title 46 / Section 2185
Jurisdiction; venue
Status: in_force

A. Any court in the state of Louisiana that is empowered to hear family or juvenile matters shall have jurisdiction over proceedings appropriate to it under this Chapter.

B. Venue under this Chapter lies:

(1) In the parish where the victim resides.

(2) In the parish where the defendant resides.

(3) In the parish where the sexual assault is alleged to have been committed.

Acts 2015, No. 242, §3; Acts 2018, No. 433, §1.
La. Rev. Stat. § 46:2605.1 — LA Code / Code revised-statutes / Title 46 / Section 2605.1
Council on the Status of Grandparents Raising Grandchildren
Status: in_force

A. There is hereby established the Council on the Status of Grandparents Raising Grandchildren, hereinafter referred to as the "council", as a subcommittee of the Children's Cabinet Advisory Board. The domicile of the council shall be in the parish of East Baton Rouge.

B. The council shall be composed of the following members:

(1) The executive director of the Children's Cabinet Advisory Board, or his designee.

(2) Three members representing the Department of Children and Family Services appointed by the secretary of the department, one of whom shall be a representative of the kinship care subsidy program, one of whom shall be a representative of the Supplemental Nutrition Assistance Program, and one of whom shall be a representative of the foster care program.

(3) Two members representing the Louisiana Department of Health appointed by the secretary of the department, one of whom shall be a representative of the behavioral health program, and one of whom shall be a representative of the Medicaid eligibility program.

(4) A member representing the Department of Education appointed by the superintendent, who shall be a representative of the child care assistance program.

(5) The secretary of Louisiana Works, or his designee.

(6) The deputy secretary of the Department of Public Safety and Corrections, Youth Services, office of juvenile justice, or his designee.

(7) A member of the Senate to be appointed by the president of the Senate.

(8) A member of the House of Representatives to be appointed by the speaker of the House of Representatives.

(9) The executive director of the Governor's Office of Elderly Affairs, or his designee.

(10) The president of the Louisiana Association of School Superintendents, or his designee.

(11) One member representing and appointed by Agenda for Children.

(12) One member representing and appointed by Prevent Child Abuse Louisiana.

(13) One member representing and appointed by the Louisiana Children's Trust Dedicated Fund Account.

(14) At least five citizens who have demonstrated a commitment to the rearing of grandchildren by grandparents, to be nominated by the executive director of the Children's Cabinet Advisory Board and approved by the council.

(15) One member representing and appointed by the National Association of Social Workers - Louisiana.

(16) One member representing and appointed by LouisianaChildren.org.

(17) One member representing and appointed by the Louisiana Council of Juvenile and Family Court Judges.

(18) One member representing and appointed by the Louisiana State Bar Association.

(19) One representative of the Grandparents Raising Grandchildren Information Center of Louisiana.

(20) One member representing and appointed by the Access to Justice Committee of the Louisiana State Bar Association.

(21) The president of the Louisiana Head Start Association, or his designee.

C. Members of the council shall serve four-year terms and shall not receive any compensation or reimbursement of expenses. Each member of the council shall hold office until the appointment and qualification of his successor. Whenever a vacancy occurs in an appointed position, the vacancy shall be filled in the same manner and under the same terms and conditions as required for the original appointment.

D. Meetings of the council shall be held in the city of Baton Rouge. At the first meeting each year the chair and vice chair of the council shall be appointed by the executive director of the Children's Cabinet Advisory Board with the consultation and approval of the council. The council may adopt such rules of procedure as are necessary to facilitate orderly conduct of its business.

E. The council shall meet at least quarterly. Meetings shall be held on the call of the chair or at the request of at least three members of the council. A majority of the council shall constitute a quorum for the transaction of business. All official actions of the council shall require the affirmative vote of a majority of the quorum.

F. All departments, boards, agencies, officers, and institutions of the state and all subdivisions thereof shall cooperate with the council in carrying out its purposes pursuant to R.S. 46:2605.1 through 2605.3.

G. The council shall make, or cause to be made, all such studies, reviews, or analyses which it finds necessary to effect its purpose.

H. The council may receive and expend funds appropriated or otherwise made available by the legislature or from any other source, including donations or gifts of money or services from public or private organizations or from any other sources, to be utilized for the purposes of the council and as further provided in R.S. 46:2605.3.

Acts 2016, No. 301, §2, eff. June 2, 2016; Acts 2021, No. 114, §18, eff. July 1, 2022.
La. Rev. Stat. § 46:447.4 — LA Code / Code revised-statutes / Title 46 / Section 447.4
Inpatient treatment following a perinatal psychiatric diagnosis; Medicaid
Status: in_force

A. Medicaid managed care organizations shall provide coverage for voluntary inpatient treatment for a Medicaid recipient with a perinatal psychiatric diagnosis. Inpatient admissions, including overnight stays, and medications resulting from treatments, including infusions and prescriptions, and counseling shall be covered services.

B. All decisions regarding voluntary inpatient treatment following a perinatal psychiatric diagnosis shall be made solely by an attending physician, physician assistant, psychiatrist, psychologist, medical psychologist, or nurse practitioner in consultation with the patient.

C. Any voluntary admission covered by this Section shall be in accordance with R.S. 28:52.

D. For purposes of this Section, "perinatal psychiatric diagnosis" means a psychiatric disorder requiring inpatient treatment during pregnancy through one year postpartum, which includes one year after a pregnancy loss.

E. The implementation of the provisions of this Section shall be subject to the appropriation of funds by the legislature for this purpose.

F. Nothing in this Section shall prohibit the Louisiana Medicaid Program from establishing criteria for payment of covered Medicaid services, including criteria for medical necessity.

Acts 2025, No. 410, §2.
La. Rev. Stat. § 46:115 — LA Code / Code revised-statutes / Title 46 / Section 115
Application; terms mandatory
Status: in_force

The terms of this Chapter in relation to the parishes and the parish departments shall be mandatory.
La. Rev. Stat. § 46:1445.5 — LA Code / Code revised-statutes / Title 46 / Section 1445.5
Required services
Status: in_force

A. Any vendor chosen by the department shall provide resources or services as follows:

(1) Marketing designed to provide awareness of adoption and specific adoption resources available in this state, including the creation of a website providing information on adoption and the name and contact information for one or more licensed adoption agencies to assist with an agency adoption.

(2) A telephone or video hotline that provides information and educational information for resources to encourage adoption. The educational information shall include all of the following:

(a) The adoption process.

(b) Practical aspects of adoption pertinent to an expectant parent.

(c) Resources and support that are available for expectant parents, birth parents, or adopted children.

(d) A biological parent's rights and legal protections.

(e) Available adoption agencies in this state.

(3) Adoption educational and training resources for doctors, nurses, hospitals, medical clinics, birthing centers, and pregnancy resource centers that provide helpful information as follows:

(a) A list of other professionals and organizations that serve pregnant women and provide support for women considering placing their children for adoption.

(b) The location of adoption agencies that can assist in the placement of children for adoption.

(c) How to discuss the adoption process and the resources and support available to women placing their child for adoption.

B. The vendor selected by the department may contract with another entity to provide the services required in this Section.

Acts 2024, No. 515, §1, eff. Jan. 1, 2025.
La. Rev. Stat. § 46:356 — LA Code / Code revised-statutes / Title 46 / Section 356
Rulemaking
Status: in_force

The secretary of Louisiana Works, the secretary of the Department of Children and Family Services, the secretary of the Louisiana Department of Health, the state superintendent of education, and the president of the Louisiana Community and Technical College System shall promulgate all rules in accordance with the Administrative Procedure Act necessary to implement the provisions of this Part.

Acts 2018, No. 271, §1; Acts 2022, No. 506, §1, eff. June 16, 2022.
La. Rev. Stat. § 46:440.1 — LA Code / Code revised-statutes / Title 46 / Section 440.1
Medical Assistance Programs Fraud Detection Fund
Status: in_force

A. The Medical Assistance Programs Fraud Detection Fund, hereafter referred to as the "fund", is created in the state treasury as a special fund. The monies in the fund shall be invested by the state treasurer in the same manner as monies in the state general fund and interest earned on the investment of monies in the fund shall be credited to the fund. All unexpended and unencumbered monies in the fund at the end of each fiscal year shall remain in the fund.

B. After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, and prior to monies being placed in the state general fund, all monies received by any state entity related to a recovery, fine, or penalty pertaining to the medical assistance programs, including all monetary sanctions assessed against providers and managed care organizations, after accounting for any federal share, and excluding any third party liability and estate recoveries as defined by federal regulation, shall be deposited into the fund.

C. After allocation of an amount sufficient to fully fund the Medicaid fraud control unit within the office of the attorney general, the remaining monies in the fund shall be allocated as follows:

(1) Fifty percent to the Medicaid fraud control unit within the office of the attorney general.

(2) Fifty percent to the Louisiana Department of Health program integrity section.

D. The balance of the fund shall not exceed twenty million dollars. Any monies collected pursuant to Subsection B of this Section in excess of the twenty million dollar fund balance shall be used to fund the medical assistance programs.

E. The monies in the fund shall be used to fund the Medicaid fraud control unit within the office of the attorney general and the Louisiana Department of Health program integrity section. The monies in the fund shall not be used to replace, displace, or supplant state general funds appropriated for the daily operation of the Louisiana Department of Health, the office of the attorney general, or the medical assistance programs.

Acts 1997, No. 1373, §1; Acts 2008, No. 712, §1, eff. July 1, 2009; Acts 2017, No. 420, §1; Acts 2025, No. 401, §1, eff. July 1, 2025.

NOTE: See R.S. 46:440.8 regarding termination of Subpart on Aug. 1, 2019.
La. Rev. Stat. § 46:979.3 — LA Code / Code revised-statutes / Title 46 / Section 979.3
Legislative findings; purpose
Status: in_force

A. The Legislature of Louisiana does hereby find and declare that, due to compelling moral and economic reasons, Louisiana must enact positive reforms to move the state's health care system in the right direction.

B. The Legislature of Louisiana does hereby find and declare that Louisiana should expand access to affordable high quality health care. Our state must create a solid safety net for the poorest of the poor and the sickest of the sick. Louisiana must seek to offer to its citizens a health care system that allows the patient to be in control, working with his own doctor and other health care providers. Louisiana must work on reducing health care costs, since many of Louisiana's citizens struggle to afford health care. Louisiana must work to preserve and strengthen the safety net for the most vulnerable in our state, including those with pre-existing conditions. Louisiana must focus on enhancing patient choice, removing obstacles to portability, and promoting consumer selection.

C. The Legislature of Louisiana does hereby find and declare that true health reform puts doctors and patients, not government bureaucrats, at the heart of all health policy decisions.

D. The purposes of this state in implementing the Louisiana First America Next Freedom and Empowerment Plan are as follows:

(1) To lower health care costs by providing incentives for Louisiana consumers to serve as smart health care shoppers, to save money by engaging in healthy behaviors, and to take control of their health care choices.

(2) To protect the most vulnerable Louisiana citizens by targeting government resources to those most at risk in our state and by enacting reforms that would guarantee health care access to individuals with pre-existing conditions, senior citizens, individuals with disabilities, and the unborn.

(3) To provide portability and choice to Louisiana consumers by offering personalized choices so that consumers can buy the health care coverage plan they want, not the plan a government bureaucrat tells them to purchase.

Acts 2014, No. 783, §1, eff. June 19, 2014.
La. Rev. Stat. § 46:52.1 — LA Code / Code revised-statutes / Title 46 / Section 52.1
Integrated case management; service integration of various social service programs
Status: in_force

A. The legislature recognizes that the Louisiana Department of Health, Department of Children and Family Services, and Louisiana Works provide services to individuals with multiple needs. However, the conventional service delivery system of requiring individuals to access various offices within the state to address those multiple needs creates barriers to the delivery of those services and entry into the workforce. These needs can be better met, more efficiently and less costly, through integrated case management at a single service location with a single case worker. It is the intent of the legislature to streamline the delivery of services and incorporate integrated case management models for clients and families served by multiple departments and programs.

B. For purposes of this Section:

(1) "Integrated case management" means an accessible, customer-centered approach that coordinates the necessary services that meet the needs of each individual or family which, if applicable, establishes a comprehensive, integrated service plan that addresses all of those needs and outcomes, which is continually monitored and updated as necessary.

(a) A multidisciplinary team, natural supports to the client, and the client or advocate, in order to develop an integrated service plan.

(b) A client-centered integrated service plan, based on the client's strengths, risks, service desires, and service needs.

(c) A lead case manager to coordinate the joint planning and coordinated delivery of services for the client.

(d) Monitoring and evaluation of the service plan, services, and outcomes to allow the team to make model change as appropriate.

(2) "Integrated service plan" means a plan that is based on the client's strengths, risks, service needs, and improvement plan.

(3) "Service integration" means a process by which a range of social, education, and workforce employment and training services are delivered in a coordinated and seamless manner to provide client-oriented services, increase early intervention and prevention opportunities, improve outcomes, and establish provider accountability through performance measures. Service integration includes:

(a) A "One Door" business model which makes it easier for the client to obtain services and allows various programs to work seamlessly together.

(b) Cross-training among the various program staff to ensure a general understanding of all programs that a client may require.

(c) Flexible use of funding among the departments to ensure that the client receives services for which he is eligible.

NOTE: Subsections (C)-(F) eff. until Oct. 1, 2027. See Acts 2025, No. 478.

C.(1) The secretary shall begin the process of developing and implementing an integrated case management model by providing the leadership, planning, data, and ability to deliver social services and, if applicable, other services, to clients by:

(a) Encouraging within the department multidisciplinary team collaboration in the rendering of services and encouraging the participation of other departments and local community organizations.

(b) Co-locating programs from different offices within the department. Co-location of offices shall not be necessary in situations where the offices are located within two miles of each other.

(c) Improving access to services, including minimizing the number of contacts the client is required to make with the department.

(d) Sharing data and information across offices and, if applicable, across departments and with local community organizations.

(e) Identifying opportunities for leveraging and matching funds among offices, departments, and local community organizations.

(2) The secretary shall develop and implement a shared consent form and a common screening tool for multiple-need clients, provide cross-program training, improve communication through information technology, and devise a method for flexible funding across offices. The secretary is urged to include other departments and local community programs in performing the requirements of this Paragraph.

D. The secretary shall provide an implementation and strategy plan for a pilot program to the House Health and Welfare Committee before March 1, 2004.

E. To advance the purposes set forth in this Section and R.S. 46:52.2, the secretaries for the Louisiana Department of Health and the Department of Children and Family Services, the secretary of Louisiana Works, the deputy secretary for youth services of the Department of Public Safety and Corrections, and the state superintendent of education shall guide the implementation of service delivery integration designed to meet the needs of children and their families. All delivery of integrated services shall be in accordance with the statutory authority of each agency or department.

F. This state leadership group shall:

(1) Identify opportunities and implement recommendations regarding human services integration.

(2) Provide plans to execute the collective recommendations of these departments.

(3) Lead execution of service integration plans to include:

(a) Comprehensive screening for needs, coordinated assessment and referrals in multiple areas including, but not limited to the following:

(i) Academic challenges.

(ii) Behavioral problems.

(iii) Family stability.

(iv) Alcohol and drug abuse.

(v) Domestic violence.

(vi) Mental health concerns.

(vii) Employment and training.

(viii) Food and shelter.

(b) Screening, eligibility, and redeterminations for temporary assistance programs, Medicaid, and nutrition assistance benefits.

(c) Data sharing capabilities among participating agencies for the purposes of service delivery and statistical research.

(d) Child abuse intervention and prevention.

(e) Student attendance support.

(f) Other local human services.

(4) Identify targeted outcome results of service integration.

(5) Attain regular measures of performance relative to the targeted outcomes of service integration.

NOTE: Subsections (C)-(F) as repealed by Acts 2025, No. 478, eff. Oct. 1, 2027.

C-F. Repealed by Acts 2025, No. 478, §17, eff. Oct. 1, 2027.

G. The guiding principles shall be to:

(1) Support community human service endeavors that transcend and strengthen any single agency's mission.

(2) Recognize that collaboration occurs among people, not among institutions.

(3) Encourage agencies to fully cooperate through productive dialogue and action that dissolves barriers and advances more effective service delivery.

(4) Promote a commitment to collaboration at every level of participating organizations.

(5) Recognize the diversity of both the community to be served and the providers.

(6) Recognize and address the obstacles local agencies, organizations, or institutions will face in this process.

(7) Instill mutual accountability among all participating organizations measured qualitatively and quantitatively.

(8) Promote maximization of state general fund investments and increase the state's return on investments.

(9) Prevent fraud and abuse to ensure funds are appropriately utilized.

Acts 2003, No. 726, §1; Acts 2005, No. 88, §1, eff. June 21, 2005; Acts 2007, No. 122, §1, eff. June 25, 2007; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2008, No. 775, §1, eff. July 6, 2008; Acts 2018, No. 206, §5; Acts 2025, No. 478, §12, eff. Oct. 1, 2025; Acts 2025, No. 478, §17, eff. Oct. 1, 2027.
La. Rev. Stat. § 46:1445.3 — LA Code / Code revised-statutes / Title 46 / Section 1445.3
Definitions
Status: in_force

As used in this Chapter, unless otherwise indicated, the terms have the meaning ascribed to them in this Section as follows:

(1) "Agency adoption" means the agencies that are licensed by the Department of Children and Family Services pursuant to Children's Code Article 1198 et seq.

(2) "Birth parent" means a person who has placed his or her child for adoption.

(3) "Department" means the Department of Children and Family Services.

(4) "Expectant parent" means a woman who is pregnant or the biological father of the unborn child of a pregnant woman.

(5) "Home study" means a preplacement analysis of a prospective adoptive parent as is provided in Children's Code Article 1173.

Acts 2024, No. 515, §1, eff. Jan. 1, 2025.
La. Rev. Stat. § 46:1938 — LA Code / Code revised-statutes / Title 46 / Section 1938
Parish appropriations for multiparish juvenile detention homes; budgets
Status: in_force

A. The governing authorities of the parishes within the multiparish juvenile detention district shall annually appropriate, in proportion to the assessed valuation of the property of the parishes, an amount which, when added to the revenues of the multiparish juvenile detention home, will be sufficient to properly operate the multiparish juvenile detention home and provide the necessary operational equipment, services and custodial care. The first budget shall equal the amount expended for the keeping, feeding, clothing, care, supervision, schooling, and maintenance of juveniles detained pursuant to orders of city and/or district courts within the area, and thereafter the annual budget shall be estimated on the basis of the budget of the preceding year.

B. The revenues derived from any operations of the multiparish juvenile district or from any other source not needed for the succeeding calendar year may be paid into the general fund of the governing authorities of the parishes composing the multiparish juvenile detention district in proportion to the assessment of the parishes as shown by the last filed assessment roll of each.

Added by Acts 1974, No. 700, §1. Amended by Acts 1975, No. 426, §1.
La. Rev. Stat. § 46:1831.3 — LA Code / Code revised-statutes / Title 46 / Section 1831.3
Eligibility to apply for reparations
Status: in_force

Survivors enumerated in Civil Code Article 2315.2 shall be eligible to make an application to the board for reparations and shall be eligible for an award of reparations in accordance with the provisions of this Chapter. Upon charging or indictment of an offender convicted of a violation of R.S. 14:32.1, the judge shall inform the survivor of eligibility for an award of reparations. The judge shall also provide the contact information for the board to the persons for submitting an application to the board for an award of reparations.

Acts 2023, No. 451, §2.

NOTE: Pursuant to R.S. 46:1831.16, this Chapter will terminate Aug. 1, 2027.
La. Rev. Stat. § 46:236.7 — LA Code / Code revised-statutes / Title 46 / Section 236.7
Order of support; stipulation by district attorney and party
Status: in_force

A.(1) In cases in which the responsible parent or other person owes a duty of support to a spouse or minor child, the responsible parent or other person owing such duty and the district attorney may stipulate to an order of support. The juvenile and family courts of this state shall have the power to issue an order of support under the provisions of this Section. This order shall be considered a civil order of support enforceable in the juvenile or family court of this state which rendered the order. This order may be registered in other family or juvenile courts of this state pursuant to the provisions of Children's Code Article 1301.3 et seq. This support shall be ordered payable to the spouse, to the tutor or custodian of the child, to the court-approved fiduciary of the spouse or child, or to the Department of Children and Family Services in a FITAP case or in a non-FITAP case in which the department is rendering services, whichever is applicable; hereinafter, said payee shall be referred to as the "applicable payee". The amount of support as set by the court may be increased or decreased as the circumstances may require.

(2) The court may also require the defendant to enter into a recognizance, with or without surety, in order to ensure the payment of support. The condition of the recognizance shall be that the defendant shall make his or her personal appearance in court whenever required to do so, and shall further comply with the terms of the order or of any subsequent modification thereof.

B.(1) If a defendant violates the terms of a court order issued pursuant to the provisions of this Section requiring him to pay child support to the Department of Children and Family Services, a representative of the child support collection agency as set forth in R.S. 46:236.1.1 et seq. may issue and serve on the defendant a summons ordering him to appear and show cause before the proper court of competent jurisdiction, on a date which shall be specified by the court, why he should not be held in constructive contempt of court. Prior to or at the hearing, the Department of Children and Family Services or the district attorney shall file with the court any summons served and a rule for contempt which shall be served in open court on the defendant, setting forth the terms of the original court order for child support and all modifications thereof, along with the grounds for contempt. If the defendant denies the allegations or offers a defense to the rule, the court may, upon motion of either party or on its own motion, continue the hearing.

(2) In the alternative, a representative of the department may serve on the defendant a rule to show cause why he should not be held in constructive contempt for violating the previous order of the court, with the rule setting forth the same terms as in a rule for contempt, if the representative does not serve a summons on the offender. The rule shall set forth a specific time, place, and date where the offender is to show cause in answer to the rule. Hearings held on rules for contempt or rules to show cause shall be tried in a summary manner.

(3) Any rule served on the defendant under Paragraph (1) or (2) of this Subsection shall inform the defendant that his ability to pay child support will be a critical issue in the contempt proceeding.

(4) The court may find a defendant in contempt if the court expressly finds that the defendant is in arrears, had knowledge of the child support order, and any of the following apply:

(a) The court is satisfied that the defendant had the capacity to pay out of currently available resources all or some portion of the amount due under the support order.

(b) The court is satisfied that by the exercise of diligence the defendant could have obtained the capacity to pay all or some portion of the amount due under the support order and that the defendant failed or refused to do so.

(c) The defendant has willfully failed to participate in an approved plan for parental participation of support under R.S. 46:236.12.

C. If the defendant is held in contempt by the court, he may be punished as follows:

(1) By imprisonment for not more than ninety days or a fine of not more than five hundred dollars, or both. The court may suspend all or any part of the sentence upon payment by the offender of the amount of the order for unpaid support, the total amount of unpaid support accruing since the date of the order, and the amount of all attendant court costs.

(2) Upon recommendation of the district attorney or representative of the department, the court may suspend all or any part of the sentence upon payment by the offender of a portion of the amount of unpaid support due and all court costs. Payment by the offender of such portion and costs shall not relieve or extinguish his obligation to pay the remaining amount of support due.

(3) If the defendant is ordered imprisoned under this Subsection, the court shall amend the sentence after imprisonment has begun upon payment by the defendant of the full amount of arrearages owed. The department shall notify the court upon receipt of payment. The court shall order the release of the defendant from imprisonment.

(4) It is a defense as provided by R.S. 9:311.1 to a charge of contempt of court for failure to comply with a court order of child support if an obligor can prove that he was incarcerated during the period of noncompliance. This defense applies only to the time period of actual incarceration.

(5) The court shall consider the defendant's present ability to comply before imposing any sentence under Paragraph (1) or (2) of this Subsection.

D. In addition to any penalty set forth in Subsection C of this Section, the court shall render judgment in favor of the applicable payee for the amount of unpaid support due and court costs. Such judgment shall have the same force and effect as a judgment for money damages against the defendant. The judgment shall become executory upon its rendition, subject to the delays for filing a motion for new trial or appeal as provided by law, and may be registered with any state court of competent jurisdiction on petition of the district attorney or applicable payee.

E. If the defendant has entered into a recognizance in the amount fixed by the court to ensure the payment of the support, the court may order the forfeiture of the recognizance and enforcement thereof by execution. The sum recovered shall be paid in whole or in part to the applicable payee. However, should the court order both the forfeiture of the recognizance and at the same time order the defendant to pay all unpaid support under the sentence for contempt, the amount of unpaid support plus attendant court costs and fines shall be the maximum payable.

F. The termination of a court order issued pursuant to the provisions of R.S. 46:236.1.1 et seq. and 236.2, Children's Code Article 1301.1 et seq., or R.S. 13:4241, requiring a defendant to pay child support to the Department of Children and Family Services does not abate the power of any court or the department to collect any overdue and unpaid support or arrearage owed under the terminated support order or the power of the court to punish any person for a failure to comply with, or to pay any support as ordered in, the terminated court order.

G. The provisions and remedies provided by this Section shall be construed as an addition to, and not in substitution for, any other remedy otherwise available to obtain or enforce an order of support. Relief under this Section shall not be denied, delayed, or otherwise affected because of the availability of other remedies, nor shall relief under any other statute be delayed or denied because of the availability of the remedies provided by this Section.

Acts 1989, No. 741, §1; Acts 1997, No. 1155, §5; Acts 2010, No. 238, §4; Acts 2010, No. 605, §1, eff. June 25, 2010; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2017, No. 264, §4, eff. Aug. 1, 2019; Acts 2018, No. 136, §1, eff. May 11, 2018; Acts 2018, No. 206, §5; Acts 2019, No. 277, §2; Acts 2020, No. 149, §1.
La. Rev. Stat. § 46:1934 — LA Code / Code revised-statutes / Title 46 / Section 1934
Board of governors; membership; officers
Status: in_force

A. The board of governors shall be composed of:

(1) One citizen from each participating parish, appointed by the governing authority of that parish;

(2) One juvenile probation officer from the multiparish district, appointed by the secretary of the Louisiana Department of Health.

(3) The district judges of the participating parishes, who shall be ex officio, nonvoting members of the board.

B. The board of governors shall elect a president, a vice president, a secretary and a treasurer; however, the district judges shall not be eligible for said offices. The members of the board of governors who are appointed by the parish governing bodies shall be appointed to serve for a period of three years, except that with respect to the first board of governors, if composed of three or more members, approximately one-third of the members shall serve for one year, approximately one-third thereof shall serve for two years and approximately one-third thereof shall serve for three years, so that the terms of the board members shall be overlapping. The governing authorities of the participating parishes shall determine which of the members shall serve initially for one, two, and three years. The probation officer shall be appointed for a term of three years, provided that he remains a juvenile probation officer in the employ of the Louisiana Department of Health. The district judges shall hold office during their respective terms of office.

C. The members of the board of governors shall be paid the same mileage and per diem in going to and returning from any regular or special meeting as is now paid to the members of the governing authorities of the parishes within the multiparish juvenile detention district.

Added by Acts 1974, No. 700, §1. Amended by Acts 1975, No. 426, §1; Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1979, No. 769, §13.
La. Rev. Stat. § 46:977.31 — LA Code / Code revised-statutes / Title 46 / Section 977.31
Prescribed donor human milk; Medicaid outpatient coverage
Status: in_force

A. The Louisiana Department of Health shall make available to persons who are eligible for Medicaid benefits under Title XIX of the Social Security Act, 42 U.S.C. 1396 et seq., outpatient coverage benefits for medically necessary pasteurized donor human milk upon prescription of an infant's pediatrician stating that the infant Medicaid beneficiary is medically or physically unable to receive maternal human milk or participate in breastfeeding, or the infant's mother is medically or physically unable to produce maternal human milk in sufficient quantities. Medicaid shall only reimburse for outpatient donor human milk obtained from a member bank of the Human Milk Banking Association of North America.

B. The department may seek approval of a federal Medicaid waiver and state plan amendments as may be necessary to implement the provisions of this Section.

Acts 2022, No. 488, §1.
La. Rev. Stat. § 46:1065 — LA Code / Code revised-statutes / Title 46 / Section 1065
Election on question of incurring debt, issuing bonds, and levying special tax
Status: in_force

Whenever an election shall be called by the governing body of the district for the purpose of submitting to the qualified electors of any hospital service district the question of incurring debt and issuing bonds for the purpose of acquiring property to be used for hospital purposes, the governing body of the district may in the same election submit to the qualified electors of the district, in the manner provided by Part II of Chapter 4 of Title 39 of the Louisiana Revised Statutes, a proposition to levy a special tax not to exceed five mills on the dollar for a period not to exceed ten years for the purpose of constructing, maintaining and operating the district's hospital facilities.

Acts 1950, No. 420, §15.
La. Rev. Stat. § 46:236.2 — LA Code / Code revised-statutes / Title 46 / Section 236.2
Redirection of support payments
Status: in_force

A.(1) Pursuant to 42 U.S.C. 654b(a)(1)(A), the department is authorized to receive and disburse support payments made on behalf of each child who is a recipient of public assistance, or for any obligee when an individual has applied for support enforcement services pursuant to Title IV-D of the Social Security Act. Except as provided in this Section, the department is not required to seek an amendment to the support order, file a motion to intervene, or subrogate itself to the rights of the obligee to exercise its standing as independent party.

(2) To carry out and effectuate the purposes and provisions of this Section and 42 U.S.C. 666(c)(1)(E), the department shall administratively change the payee of a support order to the department. Such change shall not occur until the department has provided notice of the change to all parties under this Subsection.

(3) If a court has ordered support payments to be made to an obligee, the department shall, on providing notice to the obligee and the obligor, direct the obligor or other payor to make support payments payable to the department and to transmit the payments to the state disbursement unit. The department shall file a copy of the notice with the court by which the order was issued or last registered. The redirection of payment to the department is effective when mailed to the parties and no further action is necessary for the department to enforce the support order. The notice shall include all of the following:

(a) A statement that the child's family is receiving support enforcement services.

(b) The name of the child and the obligee for whom support has been ordered by the court.

(c) The docket number and court by which support was ordered or last registered.

(d) Instructions for the payment of ordered support to the department.

(4) The notice shall be sent by regular mail to the obligor and the obligee at the last known address of each as listed in the state case registry. The obligor shall be required to submit payment, in accordance with Subparagraph (3)(d) of this Subsection, ten days after the date of the notice.

(5) On receipt of a copy of the notice, the clerk of court shall file the notice in the appropriate case record. Upon receipt of the notice, the court upon its own motion shall issue an order, as promulgated in the Rules for Louisiana District Courts, recognizing that the department upon mailing of the notice became payee of the support order. The order shall be granted ex parte without contradictory hearing. The order shall be served upon the obligor, the obligee, and the department.

B.(1)(a) Notwithstanding the provisions of R.S. 13:1599(B), in cases receiving support enforcement services from the department, upon the motion of the district attorney or the department to transfer, a support order shall be transferred for subsequent enforcement and modification to the appropriate juvenile court within the parish wherein the support order was rendered or last registered.

(b) The provisions of Subparagraph (a) of this Paragraph shall not apply in East Baton Rouge Parish.

(2)(a) Notwithstanding the provisions of R.S. 13:1599(B), in cases no longer receiving support enforcement services from the department, upon motion to transfer by the interested party, a support order shall be transferred for subsequent enforcement and modification to the district or family court in the same parish as the juvenile court transferring the order.

(b) As used in this Section, "interested party" shall include only the department, the district attorney, the contract attorney providing support services pursuant to Title IV-D, the person owing the support obligation, or the individual or current caretaker to whom the support obligation is owed.

(3) In any of the cases in this Subsection, the court shall grant its order ex parte and without hearing any adverse party.

C.(1) On termination of support enforcement services under 45 CFR 303.11(b), or upon the death of the obligee or caretaker, the department shall send a notice to the obligor and the obligee to terminate the redirection. The notice shall include all of the following:

(a) A statement that either:

(i) The child's family is no longer receiving support enforcement services.

(ii) The obligee or caretaker is now deceased.

(b) The name of the child and the obligee for whom support has been ordered by the court.

(c) The docket number and court in which support was ordered or last registered.

(d) Instructions for the payment of ordered support and any past-due support that has accrued.

(2) The notice shall be sent by regular mail to the address listed in the state case registry for the obligor and the obligee, as appropriate. The obligor shall be required to submit payments in accordance with the instructions in this notice ten days after the date of the notice.

(3) The department shall file a copy of the notice with the court in which the order was issued or last registered. On receipt of a copy of the notice, the clerk of the court shall file the notice in the appropriate case record. Upon receipt of the notice, the court upon its own motion shall issue an order, as promulgated in the Rules for Louisiana District Courts, recognizing that the department was removed as payee of the support order, effective upon the date that notice of redirection of payment was mailed to the parties. The order shall be granted ex parte without contradictory hearing. The order shall be served upon the obligor, obligee, and the department.

D. This Section applies regardless of whether the individual applying for or receiving support enforcement services has ever received any public assistance and regardless of whether there is a delinquency.

E. The department shall not enforce or collect any past-due support that accumulated before support enforcement services were provided until a contradictory hearing is held by the appropriate court to determine the amount of past-due support owed.

Added by Acts 1976, No. 313, §1. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1981, No. 812, §2, eff. Aug. 2, 1981; Acts 1981, Ex.Sess., No. 36, §2, eff. Nov. 19, 1981; Acts 1984, No. 358, §1; Acts 1997, No. 603, §4; Acts 1999, No. 762, §1; Acts 1999, No. 1089, §1, eff. July 1, 1999; Acts 2004, No. 510, §1, eff. June 25, 2004; Acts 2009, No. 83, §1; Acts 2010, No. 754, §3, eff. Jan. 1, 2011; Acts 2010, No. 913, §2; Acts 2012, No. 444, §1; Acts 2018, No. 373, §2, eff. Oct. 1, 2018; Acts 2019, No. 277, §1.
La. Rev. Stat. § 46:438.1 — LA Code / Code revised-statutes / Title 46 / Section 438.1
Civil actions authorized
Status: in_force

A. The attorney general shall diligently investigate a violation of this Part. The secretary or the attorney general, on behalf of the state, may institute a civil action in the Nineteenth Judicial District Court for the parish of East Baton Rouge or another court of proper jurisdiction to seek recovery from persons who violate the provisions of this Part. The contract of employment of any private counsel, including fee amounts, and all final fees and costs, shall be a public record.

B. An action to recover costs, expenses, fees, and attorney fees shall be ancillary to, and shall be brought and heard in the same court as, the civil action brought under the provision of Subsection A of this Section.

C.(1) A prevailing defendant may seek recovery for costs, expenses, fees, and attorney fees only if the court finds, following a contradictory hearing, that either of the following apply:

(a) The action was instituted by the state pursuant to Subsection A of this Section after it should have been determined by the state to be frivolous, vexatious, or brought primarily for the purpose of harassment.

(b) The state proceeded with the action instituted pursuant to Subsection A of this Section after it should have been determined by the state that proceeding would be frivolous, vexatious, or for the purpose of harassment.

(2) Recovery awarded to a prevailing defendant shall be awarded only for those reasonable, necessary, and proper costs, expenses, fees, and attorney fees actually incurred by the prevailing defendant.

D. An action to recover costs, expenses, fees, and attorney fees may be brought no later than sixty days after the rendering of judgment by the district court, unless the district court decision is appealed. If the district court decision is appealed, such action may be brought no later than sixty days after the rendering of the final opinion on appeal by the court of appeal or, if applicable, by the supreme court.

Acts 1997, No. 1373, §1; Acts 2014, No. 711, §1; Acts 2025, No. 206, §1.
La. Rev. Stat. § 46:2758.2 — LA Code / Code revised-statutes / Title 46 / Section 2758.2
Integrated case management planning system; creation; membership; duties and responsibilities
Status: in_force

A. The deputy secretary of the Department of Public Safety and Corrections, youth services, office of juvenile justice, and the secretary of the Department of Children and Family Services shall evaluate programs to be included in the Integrated Case Management System.

B. The programs and services to be evaluated for inclusion in the system shall include but are not limited to:

(1) Truancy assessment service centers.

(2) Families in Need of Services.

(3) The Louisiana Behavioral Health Partnership, including the Coordinated System of Care.

(4) Child welfare programs.

(5) Education and workforce training programs.

(6) Juvenile probation and parole services.

(7) Non-secure and secure out-of-home placements.

(8) Any other program or service identified for inclusion.

C. In order to facilitate the development of a complete continuum of care for at-risk youths, the departments shall:

(1) Develop an outline for the creation of and transition to an integrated case management system focusing on the behavioral health, rehabilitative, and educational needs of youths who are at risk for involvement in, currently involved in, or exiting the juvenile justice and child welfare system.

(2) Identify the prevalence of youths served by multiple systems.

(3) Identify opportunities to more efficiently and effectively deliver programs and services to at-risk youths across all systems of care focusing on:

(a) Prevention.

(b) Early intervention.

(c) Treatment and rehabilitation.

(d) Continuity of education and workforce training.

(e) Re-introduction into the community.

(4) Develop mechanisms to leverage available state and federal funds for the purposes of this Chapter.

(5) Establish a timeline for the creation and implementation of the integrated case management system providing for such system to be fully operational no later than July 1, 2015.

D. The departments shall submit their recommendations formulated by the impacted agencies to the Juvenile Justice Reform Act Implementation Commission for review and comment by the commission.

E, F. Repealed by Acts 2022, No. 252, §4.

Acts 2013, No. 214, §1; Acts 2018, No. 206, §5; Acts 2022, No. 252, §4; Acts 2023, No. 387, §2, eff. June 14, 2023.
La. Rev. Stat. § 46:191 — LA Code / Code revised-statutes / Title 46 / Section 191
Title
Status: in_force

This Act shall be designated and known as the "Utility Relief Act for the Needy."

Acts 1980, No. 712, §1.
La. Rev. Stat. § 46:286.1 — LA Code / Code revised-statutes / Title 46 / Section 286.1
Kinship Foster Care Program
Status: in_force

A. As used in this Section the following terms shall have the following meaning:

(1) "Department" means the Department of Children and Family Services.

(2) "Foster parent" means any person with whom a child in the care, custody, or guardianship of the office of children and family services is placed for temporary or long-term care of not more than three years, but shall not include any person with whom a child is placed for the purpose of adoption.

(3) "Office" means the office of children and family services of the Department of Children and Family Services.

B. There is hereby established a Kinship Foster Care Program in the office of children and family services of the Department of Children and Family Services.

C.(1) Except as provided by Paragraph (2) of this Subsection, when a child has been removed from his home and is in the care, custody, or guardianship of the office of children and family services, the office shall make reasonable attempts to place the child with a relative for kinship foster care. If the relative is approved by the office to provide foster care services, in accordance with rules and regulations adopted by the Department of Children and Family Services regarding foster care services and a placement with the relative is made, the relative shall be eligible to receive payment for the full foster care rate for the care of the child and any other benefits that might be available to foster parents, whether in money or in service. The reimbursement rate shall be in accordance with the system established by the department pursuant to R.S. 46:286.

(2) A relative who has been granted legal custody or guardianship over the child shall not be eligible to participate in kinship foster care.

(3) A relative may continue to be eligible for foster care reimbursement for caring for a child in the care, custody, or guardianship of the office of children and family services beyond three years when:

(a) The child cannot safely return home.

(b) Adoption has been determined not to be an appropriate or legally viable permanent plan for the child in accordance with the best interest of the child.

(c) Other higher priority permanency options for the child, including placement with a legal guardian or in the legal custody of a relative willing and able to offer a safe, wholesome, and stable home for the child, have also been determined not to be appropriate and in the best interest of the child.

(d) The department has documented a compelling reason for the child to remain in foster care on a long-term basis, the relative has committed to a permanent, lifetime relationship with the child and parenting the child through minority, and the juvenile court has determined in accordance with Louisiana Children's Code Article 702 that long-term foster care is the most appropriate permanent plan for the child.

D. The office of children and family services shall establish, in accordance with the provisions of this Section, eligibility standards for becoming a kinship foster parent including the following:

(1) Relatives within at least the second degree to the parent or step-parent of a child who may be related through blood or marriage may be eligible for approval as a kinship foster parent.

(2) The kinship foster parent shall be twenty-one years of age or older, except that if the spouse or partner of the relative is twenty-one years of age or older and living in the home, and the relative is between eighteen and twenty-one years of age, the office of children and family services shall waive the age requirement.

E.(1) A person shall be eligible to become a kinship foster parent only upon the completion of an investigation to ascertain if there is a state or federal record of criminal history for the prospective kinship foster parent or any other individual residing in the prospective parent's home.

(2) The office of children and family services shall conduct the investigation required by this Section and shall require each prospective kinship foster parent to provide such information as is necessary to obtain the information required to complete the investigation. The office of children and family services shall request such information and assistance from federal, state, and local governmental agencies as necessary to complete the investigation. Only information which bears a reasonable relation to the performance of the duties of a kinship foster parent shall be considered.

(3) Any confidential information obtained pursuant to this Subsection shall remain confidential.

F. The office of children and family services shall determine whether the person is able to care effectively for the child by completing all of the following:

(1) Reviewing personal and professional references.

(2) Observing the kinship foster parent with household members during a home visit.

(3) Interviewing the kinship foster parent.

G. The office of children and family services and the kinship foster parent shall develop a case plan for the foster care of the child, which shall be periodically reviewed and updated. If the plan includes the use of an approved day care center or family day care home, the office of children and family services shall pay for child care arrangements, according to the rates established by the department, but only if funds are made available by appropriation by the legislature. The kinship foster parent shall cooperate with any activities specified in the case plan for the foster child, such as counseling, therapy, court sessions, or visits with the foster child's parents or other family members. The kinship foster parent shall also cooperate and assist in efforts to achieve a safe, permanent home for the child.

H. The kinship foster parent shall have all the rights and privileges afforded a guardian or legal custodian for any child placed in his or her care, including access to the school and medical records of any such child.

I. The kinship foster parent shall seek enforcement of child support from the parents of a child in his or her care with the assistance of the department in accordance with applicable law.

J. The secretary of the Department of Children and Family Services shall adopt rules and regulations necessary to carry out the provisions of this Section in accordance with the Administrative Procedure Act.

Acts 1997, No. 1374, §1; Acts 2000, 1st Ex. Sess., No. 22, §1.
La. Rev. Stat. § 46:503 — LA Code / Code revised-statutes / Title 46 / Section 503
City council to manage city funds
Status: in_force

The city council of the cities shall have the control and management of the funds set apart as provided by this Part.
La. Rev. Stat. § 46:2593 — LA Code / Code revised-statutes / Title 46 / Section 2593
Powers and duties
Status: in_force

The office shall have the following functions, powers, and duties:

(1) To serve as the coordinating body for ADA compliance for all state agencies within the executive branch of state government.

(2) To promulgate rules and regulations in accordance with the Administrative Procedure Act to ensure consistent administration of the ADA and related disability accommodations laws across state agencies.

(3) To provide consultation on state employee accommodations, upon request, including review of applicable medical documentation.

(4) To administer and ensure compliance by state agencies with the annual plans and reports required by this Chapter.

(5) To design the transitional return to work program in conjunction with the office of risk management in accordance with R.S. 39:1547.

(6) To provide reports and recommendations to the legislature for the adoption of legislation to facilitate compliance with the ADA.

(7) To offer subject matter expertise for all matters relating to the ADA.

(8) To conduct general and customized training on ADA topics for state agencies.

(9) To provide informal technical assistance about the ADA to the general public and collaborate with local ADA support systems.

(10) To increase public awareness of the ADA for the purpose of helping more citizens to understand the letter and the spirit of the law.

Acts 2021, No. 452, §2; Acts 2025, No. 146, §2, eff. June 8, 2025.
La. Rev. Stat. § 46:230.1 — LA Code / Code revised-statutes / Title 46 / Section 230.1
Legislative intent
Status: in_force

A. It is the intent of the legislature that families in Louisiana be strong and economically self-reliant so as to minimize their dependence on government benefits for basic needs. To accomplish this goal, it is the intent of this Part that the Department of Children and Family Services ensures that all cash assistance recipients, with the exception of persons with disabilities or who are incapacitated, are actively and universally engaged in meaningful activities designed to enable their transition from cash assistance to self-reliance. It is the further intent that cash assistance participants demonstrate and are expected to exercise active and diligent personal responsibility in achieving self-reliance through employment and increased workplace literacy. All appropriate state agencies responsible for employment, training, and educating Louisiana's citizens are expected to cooperate in the pursuit of this goal.

B. The Department of Children and Family Services shall submit written reports on the status of implementation of these provisions to the Performance Review Subcommittee of the Joint Legislative Committee on the Budget in March, 2004 and September, 2004, and thereafter, annually at the same time as the mid-year performance progress report is submitted as provided in R.S. 39:87.3(A)(2). Such written reports shall include but not be limited to data providing performance measures assessing the success of performance-based agreements, job readiness, workplace literacy, job development services, and such additional data as may be determined by the committee.

C. The Louisiana Workforce Commission shall work with the department to enhance program effectiveness of ongoing services on a continual basis.

NOTE: §230.1 as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.

§230.1. Legislative intent

A. It is the intent of the legislature that families in Louisiana be strong and economically self-reliant so as to minimize their dependence on government benefits for basic needs. To accomplish this goal, it is the intent of this Part that Louisiana Works ensures that all cash assistance recipients, with the exception of persons with disabilities or who are incapacitated, are actively and universally engaged in meaningful activities designed to enable their transition from cash assistance to self-reliance. It is the further intent that cash assistance participants demonstrate and are expected to exercise active and diligent personal responsibility in achieving self-reliance through employment and increased workplace literacy. All appropriate state agencies responsible for employment, training, and educating Louisiana's citizens are expected to cooperate in the pursuit of this goal.

B. Louisiana Works shall submit written reports on the status of implementation of these provisions to the Performance Review Subcommittee of the Joint Legislative Committee on the Budget in March, 2004 and September, 2004, and thereafter, annually at the same time as the mid-year performance progress report is submitted as provided in R.S. 39:87.3(A)(2). Such written reports shall include but not be limited to data providing performance measures assessing the success of performance-based agreements, job readiness, workplace literacy, job development services, and such additional data as may be determined by the committee.

C. Repealed by Acts 2025, No. 478, §17, eff. Oct. 1, 2027.

Acts 2003, No. 58, §1; Acts 2004, No. 110, §1; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2013, No. 285, §1, eff. June 14, 2013; Acts 2014, No. 811, §24, eff. June 23, 2014; Acts 2025, No. 478, §§13, 17, eff. Oct. 1, 2027.
La. Rev. Stat. § 46:1959 — LA Code / Code revised-statutes / Title 46 / Section 1959
Scope of Chapter
Status: in_force

Nothing in this Chapter shall be construed to amend, repeal, conflict with, or supersede any federal or state law, rule, or regulation or local ordinance mandating full and equal access in the use of public facilities or places, common carriers, public conveyances, or other modes of transportation, or housing accommodations for a person with a disability.

Acts 1993, No. 482, §1; Acts 2014, No. 492, §1; Acts 2014, No. 811, §24, eff. June 23, 2014.

NOTE: Acts 1993, No. 763, §1 amended prior R.S. 46:1952(A), (B), and (C), 1953(D), and 1954 and enacted R.S. 46:1953(E). Acts 1993, No. 482, §1 amended and reenacted the entire Chapter. The Chapter appears as in Act No. 482. The Louisiana State Law Institute printed the provisions of Act No. 763 as a note at the head of this Chapter.
La. Rev. Stat. § 46:1141 — LA Code / Code revised-statutes / Title 46 / Section 1141
Suit for default
Status: in_force

Upon default of payment of the scholarship, the board shall begin efforts to recoup any amount owed including but not limited to filing suit for the amount due. Venue for filing suit shall be proper in the parish of the domicile of the recipient, the parish in which the school at which the recipient was last enrolled is located, or the parish where the hospital service district is located.

Acts 1988, No. 54, §1; Acts 2023, No. 33, §1, eff. June 1, 2023.
La. Rev. Stat. § 46:2402 — LA Code / Code revised-statutes / Title 46 / Section 2402
Definitions
Status: in_force

Except where the context clearly indicates otherwise, in this Chapter:

(1) "Account" means the Louisiana Children's Trust Dedicated Fund Account established by R.S. 46:2403.

(2) "Board" means the Louisiana Children's Trust Fund Board.

(3) "Cabinet" means the Children's Cabinet, as provided for in R.S. 46:2601 et seq.

(4) "Child abuse prevention" means services and programs funded through the Children's Trust Dedicated Fund Account which are designed to prevent the occurrence or recurrence of child abuse and neglect as defined in Children's Code Article 603. Except for those provided in this Chapter and except for the purpose of planning and coordination pursuant to the provisions of this Chapter, the services and programs of the Department of Children and Family Services which are mandated by state law or state appropriation, or which are required for receipt of federal funds, shall not be subject to the provisions of this Chapter.

(5) "Director" means the executive director of the Louisiana Children's Trust Fund Board.

(6) "Office" means the office of the governor.

(7) "Primary prevention" means programs and services designed to promote the general welfare of children and families.

(8) "Secondary prevention" means the identification of children who are in circumstances where there is a high risk that abuse will occur and assistance is necessary and appropriate to prevent abuse and neglect from occurring.

(9) "Tertiary prevention" means those services provided after abuse or neglect has occurred which are designed to prevent the recurrence of abuse or neglect.

Acts 1987, No. 932, §1, eff. July 20, 1987; Acts 2013, No. 220, §20, eff. June 11, 2013; Acts 2014, No. 791, §17; Acts 2017, No. 237, §2; Acts 2018, No. 206, §5; Acts 2021, No. 114, §18, eff. July 1, 2022.
La. Rev. Stat. § 46:288.3 — LA Code / Code revised-statutes / Title 46 / Section 288.3
Eligibility; notice
Status: in_force

A. The department may provide extended foster care services for a youth who satisfies one of the following conditions for eligibility:

(1) Completing secondary education or a program leading to an equivalent credential.

(2) Enrolled in an institution that provides postsecondary or vocational education.

(3) Participating in a program or activity designed to promote employment or remove barriers to employment.

(4) Employed for at least eighty hours per month.

(5) Is incapable of doing any part of the activities in Paragraphs (1) through (4) of this Subsection due to a medical condition. A medical condition invoked pursuant to this Paragraph shall be documented and supported by regularly updated information in the youth's case plan.

B. The department shall notify all foster children and their foster parents or other custodians in writing of the availability of these benefits and services upon the foster child's seventeenth birthday, and every ninety days thereafter until the child's eighteenth birthday, unless the foster child and foster parents or other custodians have already consented in writing to participation in this program.

Acts 2019, No. 400, §2, eff. June 19, 2019.
La. Rev. Stat. § 46:1932 — LA Code / Code revised-statutes / Title 46 / Section 1932
Multiparish juvenile detention homes; designation
Status: in_force

Each multiparish juvenile detention home shall be known by the name of the parish in which the home is domiciled, for example Ouachita Area Juvenile Detention Home; however, any such home created for the parishes of West Carroll, Richland, Franklin, East Carroll, Madison, Tensas, Concordia, and Catahoula, or any two or more of them, may adopt the name Northeast Louisiana Juvenile Detention Home.

Added by Acts 1974, No. 700, §1. Amended by Acts 1975, No. 426, §1.
La. Rev. Stat. § 46:237 — LA Code / Code revised-statutes / Title 46 / Section 237
Kinship Care Subsidy Program
Status: in_force

NOTE: Subsection A eff. until Oct. 1, 2027. See Acts 2025, No. 478.

A. Creation. There is hereby established a Kinship Care Subsidy Program in the office of children and family services of the Department of Children and Family Services, for the purpose of assisting eligible kinship caregivers, including grandparents, step-grandparents, or other adult relatives within the fifth degree who have legal custody or guardianship of their minor relatives.

NOTE: Subsection A as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.

A. Creation. There is hereby established a Kinship Care Subsidy Program in Louisiana Works for the purpose of assisting eligible kinship caregivers, including grandparents, step-grandparents, or other adult relatives within the fifth degree who have legal custody or guardianship of their minor relatives.

B. Definitions. For purposes of this Section:

(1) "Adult paraphernalia store" means an establishment that has as a substantial or significant portion of its stock clothing, objects, tools, toys, or any other items distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement.

(2)(a) "Amusement attraction" means a movie theater, video arcade, or any other building, structure, or place principally devoted to activities providing amusement, pleasure, thrills, or excitement.

(b) "Amusement attraction" does not include any enterprise principally devoted to the exhibition of products of agriculture, industry, education, including zoos and aquariums, science, religion, sports, or the arts.

(3) "Amusement ride" means any mechanized device or combination of devices which carries passengers along, around, or over a fixed or restricted course for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. "Amusement ride" includes inflatables.

(4) "Automated teller machine" means an electronic hardware device that is capable of dispensing currency and responding to balance inquiries through the use of a magnetic stripe card issued by or on behalf of the state for distribution of assistance through an electronic benefits transfer system as described in Subpart A of this Part.

(5) "Bail" means security given by a person to assure his appearance, or the appearance of a third party, before the proper court whenever required.

(6) "Bar" means a business that holds a Class A-General retail permit and the primary purpose of such business is to serve alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages. Bars include, without limitation, taverns, saloons, nightclubs, cocktail lounges, and cabarets.

(7) "Cash assistance" means funds that the department provides through the Family Independence Temporary Assistance Program and the Kinship Care Subsidy Program to eligible beneficiaries for the purpose of assisting those persons in meeting ongoing basic needs.

(8) "Commercial body art facility" means any location, place, area, or business, whether permanent or temporary, that provides consumers access to personal services workers who for remuneration perform any of the following procedures:

(a) Tattooing or inserting pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, to produce an indelible mark or figure visible under the skin.

(b) Body piercing or the creation of an opening in the body of a human being for the purpose of inserting jewelry or other decoration. For purposes of this Section, "body piercing" does not include piercing an ear with a disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear.

(c) Application of permanent cosmetics or pigments under the skin of a human being for the purpose of permanently changing the color or other appearance of the skin, including but not limited to permanent eyeliner, eye shadow, or lip color.

(9) "Cruise ship" means any commercial ship used for the domestic or international carriage of passengers.

(10) "Electronic benefits transfer transaction" and "EBT transaction" mean the use of a credit or debit card service, automated teller machine, point-of-sale terminal, or access to an online system for the withdrawal of funds.

(11)(a) "Gaming establishment" means a gambling casino and any other establishment which provides gaming activities that are subject to regulation by the Louisiana Gaming Control Board.

(b) "Gaming establishment" does not include either of the following:

(i) A grocery store that sells groceries including staple foods and that also offers, or is located within the same building or complex as, casino activities, gambling, or gaming activities.

(ii) Any establishment that offers casino, gambling, or gaming activities that are incidental to the principal purpose of the business.

(12) "Jewelry" means an object or thing consisting of precious stones or precious metals worn as adornment or apparel, including costume jewelry.

(13) "Kinship caregiver" means the grandparent, step-grandparent, aunt, uncle, or other adult relative within the fifth degree of consanguinity.

(14)(a) "Liquor store" means any retail establishment that sells exclusively or primarily intoxicating liquor.

(b) "Liquor store" does not include a grocery store that sells both intoxicating liquor and groceries, including staple foods.

(15) "Minor relative" means a grandchild, step-grandchild, or other minor relative not the natural or adopted child of the kinship caregiver who is under eighteen years of age and who meets the definition of "dependent child" specified in R.S. 46:231.

(16) "Nail salon" means a commercial establishment that provides nail services of any kind including but not limited to trimming, filing, decorating, shaping, sculpting, or in any way caring for the nails and skin of a person's hands or feet together with massaging the hands, arms, legs, and feet.

(17) "Point-of-sale terminal" means an electronic hardware device that meets all of the following criteria:

(a) May be utilized at a retailer's place of business where consumers pay for goods or services.

(b) Is capable of the following:

(i) Initiating a request for authorization of a purchase of tangible personal property.

(ii) Disbursing currency from an account.

(iii) Initiating a balance inquiry for an account.

(iv) Distributing assistance through an electronic benefits transfer system as described in Subpart A of this Part.

(18) "Psychic" means any person or establishment engaged in the occupation of occult science including a fortune teller, palmist, astrologist, numerologist, clairvoyant, craniologist, phrenologist, card reader, spiritual reader, tea leaf reader, prophet, or advisor who in any manner claims or pretends to tell fortunes or claims or pretends to disclose mental faculties of individuals for any form of compensation.

(19) "Sexually oriented business" means any commercial enterprise that has as its primary business the offering of a service or the sale, rent, or exhibit of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.

C. Eligibility. To be eligible to qualify for a subsidy under the program, a kinship caregiver of a minor relative shall meet the following requirements:

(1) Possess or obtain, within one year of enrolling in the program, legal custody or guardianship of a minor relative who is living in his home.

(2) Have an annual income of less than one hundred fifty percent of the federal poverty threshold, in accordance with the size of the family applying for the subsidy.

(3) Apply for benefits through the Family Independence Temporary Assistance Program (FITAP).

(4) Have neither of the minor relative's parents residing in applicant's household.

(5) Agree to pursue the enforcement of child support obligations against the parents of the minor relative with the assistance of the Department of Children and Family Services in accordance with applicable law.

D. Repealed by Acts 2017, No. 265, §2, eff. Oct. 1, 2017.

NOTE: Subsections (E)-(G) eff. until Oct. 1, 2027. See Acts 2025, No. 478.

E. Subsidy amounts. The office of children and family services shall promulgate rules and regulations to establish the amount of the subsidy to be awarded on behalf of each minor relative.

F. Rules, regulations, and procedures. The office of children and family services shall promulgate rules and regulations to provide for any other eligibility requirements which are reasonably necessary to administer the Kinship Care Subsidy Program in accordance with this Section and any federal requirements, to promote the safety and well-being of any minor relative for whom subsidies are issued, and to establish procedures for reconsideration of eligibility of applicants no less than annually.

G. Administration and funding. The subsidy provided for in this Section shall be administered by the office of children and family services and funded through the TANF block grant.

NOTE: Subsections (E)-(G) as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.

E. Subsidy amounts. Louisiana Works shall promulgate rules and regulations to establish the amount of the subsidy to be awarded on behalf of each minor relative.

F. Rules, regulations, and procedures. Louisiana Works shall promulgate rules and regulations to provide for any other eligibility requirements which are reasonably necessary to administer the Kinship Care Subsidy Program in accordance with this Section and any federal requirements, to promote the safety and well-being of any minor relative for whom subsidies are issued, and to establish procedures for reconsideration of eligibility of applicants no less than annually.

G. Administration and funding. The subsidy provided for in this Section shall be administered by Louisiana Works and funded through the TANF block grant.

H. Prohibited uses of benefits. (1) A recipient of Kinship Care Subsidy Program benefits shall not use such benefits in an electronic benefits transfer transaction in any of the following places:

(a) A liquor store.

(b) A gaming establishment.

(c) A retail establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment purposes.

(d) An adult bookstore.

(e) An adult paraphernalia store.

(f) A sexually oriented business.

(g) A commercial body art facility.

(h) A nail salon.

(i) A jewelry store.

(j) An amusement ride.

(k) An amusement attraction.

(l) A bail bonds company.

(m) A bar.

(n) A cruise ship.

(o) A psychic business.

(p) An establishment where persons under eighteen years of age are not permitted to enter.

(2) A recipient of Kinship Care Subsidy Program benefits shall not use such benefits in any electronic benefits transfer transaction at a retailer for the purchase of any of the following:

(a) An alcoholic beverage as defined in R.S. 14:93.10.

(b) A tobacco product as defined in R.S. 14:91.6(B).

(c) A ticket for a lottery as defined in R.S. 47:9002.

(d) Jewelry as defined in R.S. 46:231.

(3) The Kinship Care Subsidy Program case of any recipient who violates the provisions of this Section shall be closed in accordance with the following schedule:

(a) Case closure for a period of twelve months for the first violation.

(b) Case closure for a period of twenty-four months for the second violation.

(c) Permanent case closure for the third violation.

(d) A recipient whose Kinship Care Subsidy Program case is closed pursuant to the provisions of this Subsection shall have the right to a hearing pursuant to the Administrative Procedure Act.

Acts 1999, No. 990, §1, eff. July 9, 1999; Acts 2001, No. 857, §1, eff. June 26, 2001; Acts 2014, No. 842, §1, eff. June 23, 2014; Acts 2017, No. 265, §2, eff. Oct. 1, 2017; Acts 2018, No. 206, §5; Acts 2025, No. 478, §13, eff. Oct. 1, 2027.
La. Rev. Stat. § 46:1831.10 — LA Code / Code revised-statutes / Title 46 / Section 1831.10
Effect of reparations award on right to recover damages in civil action; repayment of award
Status: in_force

A. An order for reparations payments pursuant to this Chapter shall not affect the right of any person to institute a civil suit to recover damages for the death from any other person. However, if damages in a civil action are recovered, from the offender or any other third party, the person shall reimburse the Victims of Vehicular Homicide Board, through the board, in an amount equal to the amount of the reparations award or a lesser amount as is recovered in damages in the civil action.

B. When any person who has received an award from the board files a civil action to recover damages, the person shall, at the time of the filing of the suit, notify the board.

Acts 2023, No. 451, §2.

NOTE: Pursuant to R.S. 46:1831.16, this Chapter will terminate Aug. 1, 2027.
La. Rev. Stat. § 46:236.1.3 — LA Code / Code revised-statutes / Title 46 / Section 236.1.3
Family and child support programs; authority of the secretary
Status: in_force

A. The secretary of the department shall have the authority to promulgate rules and regulations and take such action as may be necessary to carry out the provisions of R.S. 46:236.1.2(A), provided that such rules and regulations and action are consistent with and in conformity with the provisions of Title IV-D and Title IV-A of the Social Security Act, as amended.

B. The secretary of the department may secure information from criminal records, including those of the Louisiana Bureau of Criminal Identification and Information, records of the Department of Public Safety and Corrections, records of the Department of Revenue, and records under the Louisiana Employment Security Law, which may be necessary to carry out the provisions of R.S. 46:236.1.2(A), and shall have access to any system used by the state for purposes relating to motor vehicles or law enforcement, to carry out the provisions of R.S. 46:236.1.2(A).

C. In addition, the secretary shall utilize other records, not otherwise confidential, and may secure information from other records or sources which may be specifically required to be utilized by the provisions of Title IV-D and Title IV-A of the Social Security Act, as amended, and the regulations promulgated thereunder.

D. Upon request of the secretary of the department or his designee, all departments, boards, bureaus, and agencies of the state shall provide to the department any information which may be necessary to carry out the provisions of R.S. 46:236.1.2(A), including but not limited to the address and social security number of the person designated by the department as an absent parent. In addition, upon the request of the secretary of the department or his designee, any private employer or payor of any income to a person designated by the department as an absent parent shall provide to the department verification of employment or payment and the address and social security number of the person so designated. All such records and information secured shall be confidential and shall not be used for any purposes other than those specified by this Subpart.

Acts 2003, No. 1068, §2, eff. July 2, 2003.
La. Rev. Stat. § 46:2592 — LA Code / Code revised-statutes / Title 46 / Section 2592
Definitions
Status: in_force

For purposes of this Chapter, the following terms have the meaning ascribed to them in this Section:

(1) "Agency" means a department, office, division, agency, commission, board, committee, or other organizational unit of the executive branch of state government that has fifteen or more employees.

(2) "Americans with Disabilities Act" and "ADA" mean the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. 12101 et seq.

(3) "Americans with Disabilities Act agency coordinator" means an individual designated to ensure Americans with Disabilities Act compliance for his assigned agency.

(4) "Elected official" means any person holding an office in the executive branch of state government that is filled by the vote of the appropriate electorate. It also includes any person appointed to fill a vacancy in such an office.

(5) "Office" means the office of the state Americans with Disabilities Act coordinator within the office of the governor, division of administration.

(6) "Public employee" means anyone who is one of the following:

(a) An administrative officer or official of an agency who is not an elected official.

(b) Appointed to a post or position created by rule, law, resolution, ordinance, charter, or executive order.

(c) Employed by an agency.

(7) "Public servant" means a public employee or an elected official.

(8) "Supervisor" means a public employee or an elected official responsible for overseeing the productivity, work behavior, and attendance of other public employees of the agency.

Acts 2021, No. 452, §2; Acts 2022, No. 103, §2, eff. May 25, 2022; Acts 2025, No. 146, §2, eff. June 8, 2025.
La. Rev. Stat. § 46:2188 — LA Code / Code revised-statutes / Title 46 / Section 2188
Other relief not affected
Status: in_force

The granting of any relief authorized under this Chapter shall not preclude any other relief authorized by law.

Acts 2015, No. 242, §3.
La. Rev. Stat. § 46:1419 — LA Code / Code revised-statutes / Title 46 / Section 1419
Revocation or refusal to renew license; written notice
Status: in_force

The department shall have the power to deny, revoke, or refuse to renew a license for a specialized provider if an applicant has failed to comply with the provisions of this Chapter or any applicable, published rule or regulation of the department relating to specialized providers. If a license is denied, revoked, or withdrawn, the action shall be effective when made and the department shall notify the applicant, licensee, or specialized provider of such action in writing immediately and of the reason for the denial, revocation, or withdrawal of the license.

Acts 1985, No. 286, §1; Acts 2005, No. 332, §1, eff. June 30, 2005; Acts 2009, No. 194, §2, eff. June 30, 2009; Acts 2013, No. 179, §1, eff. Jan. 1, 2014; Acts 2014, No. 868, §5, eff. Oct. 1, 2014.
La. Rev. Stat. § 46:1604 — LA Code / Code revised-statutes / Title 46 / Section 1604
Functions of councils; subcommittees
Status: in_force

It shall be the duty of each parish voluntary council on the aging to collect facts and statistics and make special studies of conditions pertaining to the employment, financial status, recreation, social adjustment, mental and physical health, or other conditions affecting the welfare of the aging people in the parish therein; to keep abreast of the latest developments in these fields of activity throughout the state and nation; to interpret its findings to the citizens of the parish; to provide for a mutual exchange of ideas and information on the parish and state level; to conduct public meetings to make recommendations for needed improvements and additional resources; to promote the welfare of aging people when requested to do so; to coordinate and monitor the services of other local agencies serving the aging people of the parish; to assist and cooperate with the office; and to make recommendations relevant to the planning and delivery of services to the elderly of the parish. Each parish council may appoint subcommittees to undertake such special studies as it authorizes and may appoint to such subcommittees persons qualified in any field of activity relating to the welfare of the aging people.

Added by Acts 1958, No. 342, §4. Amended by Acts 1964, No. 456, §1; Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1981, No. 867, §1.
La. Rev. Stat. § 46:509 — LA Code / Code revised-statutes / Title 46 / Section 509
Selection of charitable association for disbursement of funds
Status: in_force

The governing body of the parish or the city council of the city, acting separately or together, may in their discretion, select one or more duly incorporated and well recognized charitable associations, which must be non-sectarian, to disburse the revenues arising from the respective alms funds of the parish and city.
La. Rev. Stat. § 46:1431 — LA Code / Code revised-statutes / Title 46 / Section 1431
Missing and Exploited Children Information Clearinghouse; establishment; definitions
Status: in_force

A. There is hereby created a Missing and Exploited Children Information Clearinghouse within the Department of Public Safety and Corrections, office of state police. The deputy secretary for public safety services shall establish services deemed appropriate by the department to aid in the location of missing and/or exploited children. The department may promulgate rules and regulations in accordance with the Administrative Procedure Act to provide for the Missing and Exploited Children Information Clearinghouse.

B. The clearinghouse is established as a central repository of information regarding missing and/or exploited children. Such information shall be collected and disseminated to assist in the location of missing children and the reporting of exploited children to the proper agency.

C. As used in this Section:

(1) "Exploited child" means one whose health or welfare has been harmed by any person, responsible or not for the child's health or welfare, which harm occurs or is threatened through nonaccidental sexual contact which includes sexual abuse as defined in Ch.C. Article 603.

(2) "Missing child" means any individual under the age of eighteen years, whose temporary or permanent residence is in Louisiana, whose location has not been determined, and who has been reported missing to a federal or state law enforcement agency.

(3) "Missing child report" is a report prepared on a form designed by the Department of Public Safety and Corrections, office of state police, for use by private citizens and law enforcement agencies to report missing children information to the Missing and Exploited Children Information Clearinghouse.

Acts 1985, No. 899, §1; Acts 2011, No. 70, §3.
La. Rev. Stat. § 46:450.1 — LA Code / Code revised-statutes / Title 46 / Section 450.1
Electronic authorization and distribution of public assistance benefits and services
Status: in_force

NOTE: Subsection A eff. until Oct. 1, 2027. See Acts 2025, No. 478.

A. The office of children and family services, Department of Children and Family Services, and the Louisiana Department of Health shall contract for the development and implementation of an electronic issuance system for the authorization and distribution of benefits and services provided by public assistance programs. Such programs shall include but not be limited to issuance of benefits and services of the Supplemental Nutrition Assistance Program and the Family Independence Temporary Assistance Program (FITAP), and shall require that all recipients who participate in programs for which benefits and services are authorized and distributed through the system shall obtain benefits through the electronic issuance system, subject only to the exceptions necessary for the effective functioning of the programs.

NOTE: Subsection A as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.

A. The Louisiana Department of Health and Louisiana Works shall contract for the development and implementation of an electronic issuance system for the authorization and distribution of benefits and services provided by public assistance programs. Such programs shall include but not be limited to issuance of benefits and services of the Supplemental Nutrition Assistance Program and the Family Independence Temporary Assistance Program (FITAP), and shall require that all recipients who participate in programs for which benefits and services are authorized and distributed through the system shall obtain benefits through the electronic issuance system, subject only to the exceptions necessary for the effective functioning of the programs.

B. The contract program selected to provide the electronic issuance system shall include but not be limited to:

(1) An electronic reporting and inventory system that complies with federal and state reporting requirements.

(2) Plastic cards for program clients.

(3) Training of department personnel.

(4) Instructions for recipients on how to use the system.

(5) Instructions for retailers and other participants in the program on how to use the system.

(6) Provision, installation, and maintenance of automated teller machines, point of sale terminals, printers, and personal identification number "PIN" pads in the parish offices, in retail establishments which accept Supplemental Nutrition Assistance Program benefits, and in other appropriate locations of participants in the program.

C. The contract program shall also:

(1) Provide merchants the option to utilize commercial point of sale terminals provided by a third-party processor to interface with the electronic benefits transfer (EBT) provider selected by the department.

(2) Provide for reimbursement by the EBT provider selected by the department of any and all costs incurred by the merchant in the processing of benefits under the electronic issuance system for public assistance programs for telephone monthly service charges and supplies for retailers utilizing the state-provided EBT equipment.

(3) Provide that the cash back provisions of the electronic issuance system shall allow the merchant to charge the recipient reasonable and customary charges for the provision of cash back services.

D.(1) The program shall provide for and shall maximize participation of the federal government and of the private sector, particularly merchants and financial institutions who may provide access to the program, in the funding and implementation of the program.

(2) The program shall further provide for increased controls to reduce or prevent the fraudulent obtaining of public assistance benefits and services.

Acts 1990, No. 1050, §1, eff. July 27, 1990; Acts 1993, No. 900, §1, eff. June 23, 1993; Acts 1995, No. 685, §1, eff. June 21, 1995; Acts 1997, No. 860, §1; Acts 1997, No. 1483, §1; Acts 2000, 1st Ex. Sess., No. 120, §§1, 2, eff. April 19, 2000; Acts 2018, No. 206, §5; Acts 2025, No. 478, §12, eff. Oct. 1, 2025, §13, eff. Oct. 1, 2027.

NOTE: Acts 1995, No. 685, §2 provides that the Act has retroactive application to December 1, 1994.
La. Rev. Stat. § 46:2605.3 — LA Code / Code revised-statutes / Title 46 / Section 2605.3
Status of Grandparents Raising Grandchildren Fund
Status: in_force

A. There is hereby created in the state treasury, as a special fund, the Status of Grandparents Raising Grandchildren Fund, hereinafter referred to as the "fund".

B.(1) The source of monies deposited into the fund shall be any monies appropriated annually by the legislature, including federal funds, any public or private donations, gifts, or grants from individuals, corporations, nonprofit organizations, or other business entities which may be made to the fund, and any other monies which may be obtained or provided by law.

(2) Monies in the fund shall be invested in the same manner as monies in the state general fund and interest earned on investment of monies in the fund shall be credited to the state general fund. Unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund.

C. Subject to an annual appropriation by the legislature, monies in the fund shall be used as directed by the council solely for the purposes set forth in R.S. 46:2605.1 and 2605.2.

Acts 2016, No. 301, §2, eff. June 2, 2016.
La. Rev. Stat. § 46:288.7 — LA Code / Code revised-statutes / Title 46 / Section 288.7
Internal administrative reviews
Status: in_force

The department shall conduct internal administrative reviews not less than once every one hundred eighty days to determine the status of the following:

(1) The youth's safety.

(2) Continuing necessity and appropriateness of placement.

(3) Extent of compliance with the case plan.

(4) Projected date when the youth may no longer require extended foster care services.

Acts 2019, No. 400, §2, eff. June 19, 2019.
La. Rev. Stat. § 46:1403 — LA Code / Code revised-statutes / Title 46 / Section 1403
Definitions
Status: in_force

As used in this Chapter, the following definitions shall apply unless the context clearly states otherwise:

(1) "Child" means a person who has not reached age eighteen or otherwise been legally emancipated. The words "child" and "children" are used interchangeably in this Chapter.

(2) "Child-placing agency" means any institution, society, agency, corporation, facility, person or persons, or any other group engaged in placing children in foster care or with substitute parents for temporary care or for adoption, or engaged in assisting or facilitating the adoption of children, or engaged in placing youth in transitional placing programs, but shall not mean a person who may occasionally refer children for temporary care.

(3) "Department" means the Department of Children and Family Services.

(4) "License type" means the type of license applied for or held by a specialized provider, which shall include Type I and Type IV licenses.

(5) "Maternity home" means any place or facility in which any institution, society, agency, corporation, person or persons, or any other group regularly receives and provides necessary services for children before, during, and immediately following birth. This definition shall not include any place or facility which receives and provides services for women who receive maternity care in the home of a relative within the sixth degree of kindred, computed according to civil law, or general or special hospitals in which maternity treatment and care is part of the medical services performed and the care of children only brief and incidental.

(6) "Related" or "relative" means a natural or adopted child or grandchild of the caregiver or a child in the legal custody of the caregiver.

(7) "Residential home" means any place, facility, or home operated by any institution, society, agency, corporation, person or persons, or any other group to provide full-time care, twenty-four hours per day, for more than four children, who may remain at the facility in accordance with R.S. 46:1403.1, who are not related to the operators and, except as provided in this Paragraph, whose parents or guardians are not residents of the same facility, with or without transfer of custody. However, a child of a person who is a resident of a residential home may reside with that parent at the same facility.

(8) "Specialized provider" means a child-placing agency, maternity home, or residential home.

(9) "Type I license" means a license held by a residential home that is owned or operated by a church or religious organization that does not wish to be licensed as a Type IV center. Nothing herein shall be construed to require a children's religious ministry program operated by a church or other religious organization in accordance with R.S. 46:1429 to be licensed pursuant to this Chapter. "Type I license" also means a license held by a residential home holding a Class B license prior to the effective date of this Section.

(10) "Type IV license" means the license held by any publicly or privately owned specialized provider.

(11) "Youth" means a person not less than sixteen years of age nor older than twenty-one years of age.

Acts 1985, No. 286, §1; Acts 1987, No. 812, §1; Acts 1990, No. 351, §2, eff. July 10, 1990; Acts 1990 No. 901, §1, eff. Jan. 1, 1991; Acts 1999, No. 1237, §1, eff. Sept. 1, 1999; Acts 2004, No. 915, §1; Acts 2009, No. 194, §2, eff. June 30, 2009; Acts 2010, No. 64, §1, eff. Oct. 1, 2010; Acts 2013, No. 179, §1, eff. Jan. 1, 2014; Acts 2014, No. 868, §5, eff. Oct. 1, 2014; Acts 2016, No. 502, §1.
La. Rev. Stat. § 46:236.13 — LA Code / Code revised-statutes / Title 46 / Section 236.13
Privilege on proceeds collected from third party in favor of the Department of Children and Family Services for executory child support arrears
Status: in_force

A. The Department of Children and Family Services or its designee, as defined in R.S. 46:236.1.1 et seq., shall have a privilege for executory child support arrears on an amount payable to an injured person, his heirs, or legal representatives, out of the total amount of any recovery or sum had, collected, or to be collected, whether by judgment or by settlement or compromise, from another person on account of such injuries, and on the amount payable by any insurance company under any contract providing for indemnity or compensation to the injured person.

B.(1) The privilege created herein shall become effective against the noticed person if and when, prior to the payment of insurance proceeds, or to the payment of any judgment, settlement, or compromise on account of injuries, a written notice containing the name and address of the injured person named in a pending legal proceeding wherein compensation for injuries is claimed by the injured person is served on or is sent by the department, certified mail, return receipt requested, to any of the following:

(a) The injured person.

(b) His attorney.

(c) Third person alleged to be liable to the injured person for the injuries sustained.

(d) To any insurance carrier which has insured such third person against liability.

(e) To any insurance company obligated by contract to pay indemnity or compensation to the injured person.

(2) The written notice shall be accompanied by a certified copy of the executory judgment of child support arrears.

C. Any person who, having received notice in accordance with the provisions hereof, pays over any monies subject to the privilege created herein, to any injured person, or to the attorney, heirs, or legal representatives of any injured person, shall be liable to the department for the amount of the executory judgment of child support arrears and any costs incurred to pursue this privilege. The liability created under this privilege shall not exceed the amount paid to the injured person, or to the attorney, heirs, or legal representatives of the injured person. The privileges created herein shall be paid in the order in which the third party receives notice of said privilege.

D. If the department fails to comply with the provisions of this Section, the privilege created shall be dissolved and ineffective.

E. The remedy herein provided is in addition to any other remedy otherwise available to enforce a support order. Relief under this Section shall not be denied, delayed, or otherwise affected because of the availability of other remedies, nor shall relief under any other provision of law be delayed or denied because of the availability of this remedy.

Acts 1997, No. 996, §1; Acts 2003, No. 1068, §9, eff. July 2, 2003.
La. Rev. Stat. § 46:123 — LA Code / Code revised-statutes / Title 46 / Section 123
Louisiana Military Family Assistance Board
Status: in_force

A.(1) The Louisiana Military Family Assistance Board is hereby created and established under the jurisdiction of the Department of Veterans Affairs. The board shall be domiciled in Baton Rouge and administrative support of such board shall be provided by such department.

(2)(a) The board shall be composed of the following:

(i) The governor, or designee.

(ii) The lieutenant governor, or designee.

(iii) The adjutant general, Louisiana National Guard, or designee.

(iv) The secretary, Louisiana Department of Veterans Affairs, or designee.

(v) The state treasurer, or designee.

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

(vii) The president of the Senate, or designee.

(viii) The speaker of the House of Representatives, or designee.

(ix) Three members appointed by the governor who shall be residents of the state and honorably discharged veterans of the Louisiana National Guard or the active or other reserve components of the armed forces of the United States. Such appointed members shall be subject to confirmation by the Senate.

(b) A majority of the members of the board shall constitute a quorum for the transaction of all business. The chairman shall be elected.

(3) Members shall serve without additional compensation or reimbursement for expenses. However, members or designees who are not public officials shall be entitled to compensation or reimbursement for attendance at meetings of the board and other expenses incurred on business of the board. Such compensation or reimbursement shall be for necessary and appropriate expenses equivalent to that allowed in state law for state classified employees.

B.(1) The board shall establish rules for the implementation of this Part and proper adjudication of need-based claims submitted on behalf of activated military personnel or honorably discharged military personnel. The rules shall provide the procedures for determination and consideration of claims and appeals, application forms and claims documentation, requirements, limitations, definitions, and such other matters as the board deems necessary and appropriate to carry out the provisions of this Part and ensure the availability of funds and appropriate disbursement to claimants.

(2) Such rules shall establish a maximum dollar amount that may be awarded on behalf of an activated military person or an honorably discharged military person for a need-based claim per twelve-month period. Such maximum shall apply per active duty order.

(3) Such rules shall require that applicants attach to their applications an appropriate authorization to access personnel information contained in the military database Defense Enrollment Eligibility Reporting System (DEERS) for verification purposes.

(4) The board may provide and distribute public information as necessary regarding the provisions of this Part, including information relative to procedures for public or private contributions to the fund and the tax-exempt status of such contributions.

(5) The board shall meet as necessary to oversee the implementation of this Part.

C. The board may enter into a cooperative agreement with a third party administrator to accomplish the necessary administration or required claims adjudication in accordance with rules promulgated by the board. However, such agreement shall not be valid until approved by the Joint Legislative Committee on the Budget. If the board has not entered into a cooperative agreement, the third party administrator shall be one or more employees of the Louisiana Department of Veterans Affairs designated by the secretary and approved by the board.

D.(1) The board shall meet as necessary to review claims adjudicated by the third party administrator and make the following determinations:

(a) That all awards are on behalf of activated military personnel or honorably discharged military personnel as defined in this Part.

(b) That all awards are made pursuant to claims by family members of activated military personnel or honorably discharged military personnel as defined in this Part or by an activated military person or honorably discharged military person himself.

(c) That all awards are need-based. A claim may be considered need-based if all of the following apply:

(i) Funds are requested for necessary expenses incurred, or to be incurred.

(ii) The necessary expenses created, or will create, an undue hardship on the activated military person, a family member of the activated military person, or the honorably discharged military person.

(iii) The activated military person, a family member of the activated military person, or the honorably discharged military person does not have reasonable access to any other funding source.

(iv) Payment of the claim by the fund does not supplant other available public or private funds.

(v) The activated military person, a family member of the activated military person, or the honorably discharged military person has made reasonable attempts to secure alternative funding through another program.

(2)(a) The third party administrator shall make a written determination on a claim as soon as possible. In no event shall the time period between receipt of the completed application by the third party administrator and release by the administrator of the written determination exceed thirty days. Such determination shall be:

(i) To approve the claim.

(ii) To disapprove the claim.

(iii) To request additional information or documentation regarding the claim.

(iv) To schedule a meeting with the applicant to discuss the claim.

(b) If the third party administrator requests additional information, it shall make a written determination within fifteen days of receipt of such information. Such determination shall indicate that the administrator approved or disapproved the claim.

(c) If the third party administrator schedules a meeting, it shall make a written determination within fifteen days following such meeting. Such determination shall indicate that the administrator approved or disapproved the claim.

(d) If the third party administrator fails to make a written determination within the time periods specified in this Paragraph, the claim shall be considered disapproved.

(3) If the third party administrator approves a claim, it shall determine when the claim shall be paid, the amount of payment, to whom the payment shall be made, and such other matters as it deems necessary and appropriate.

(4)(a) An applicant may appeal the denial of a claim by the third party administrator to the board within thirty days of the receipt of such decision.

(b) The decision of the board on a claim shall be final.

(5) No claim shall be approved by the board, or the third party administrator, or paid by either of them, that does not meet the requirements of the law or rules.

E. A claim of an activated military person or person's family member or a claim of an honorably discharged military person may be denied if the activated military person or honorably discharged military person is not in good standing with the appropriate military unit at the time the application is submitted or the claim payment is made.

F.(1) The third party administrator may consider and make awards for claims arising on and after September 11, 2001.

(2) The board shall establish by rule the appropriate level of funds available in the Louisiana Military Family Assistance Fund for the program created by this Part to initially become operational. No application shall be approved until such level of funding is achieved; and thereafter, no application shall be approved by either the board or the third party administrator unless the funding is available. At no time shall the outstanding liabilities exceed the available funding.

G.(1) In extenuating circumstances as defined by rule by the board, an activated military person or honorably discharged military person, or his family, may be awarded an additional one-time lump-sum award for a service-related death or injury with a greater than fifty percent residual disability. The board shall provide by rule for a uniform lump-sum amount for such award, which shall not exceed two thousand five hundred dollars.

(2) Family members of activated military personnel or honorably discharged military personnel who are listed as missing in action or prisoner of war by the United States Department of Defense shall also be eligible for this lump-sum award.

(3) Lump-sum awards shall be limited to one per active duty order.

(4) The board shall provide by rule the maximum percentage, not to exceed twenty percent, per fiscal year of the Louisiana Military Family Assistance Fund that may be directed to lump-sum payments.

H. Revenue and expenditures related to the Louisiana Military Family Assistance Fund shall be subject to audit by the legislative auditor.

I.(1) Any person who knowingly makes a false statement or representation in submitting a claim, or knowingly fails to disclose a material fact to obtain or increase a claim, shall be guilty of a misdemeanor and shall be subject to a fine of up to an amount equivalent to double the amount claimed. Each false statement or representation or failure to disclose a material fact shall constitute a separate offense.

(2) If the board suspects that an application is submitted in violation of this Subsection, it shall refer such application to the appropriate district attorney's office.

J. The board shall provide an annual report to the Joint Legislative Committee on the Budget on the overall activities of the program and any recommendations for consideration. The initial report shall be due January 1, 2007.

K.(1) Statistical reports and reports on the overall performance of the program and revenue and expenditures related to the Louisiana Military Family Assistance Fund shall be public record.

(2) The identities of applicants and their related activated military personnel or honorably discharged military personnel shall be confidential unless waived. The filing of an appeal before the board shall be considered a waiver.

(3) Although confidential, records relating to applications and the identities of applicants and their related activated military personnel or honorably discharged military personnel shall be available to necessary parties such as the legislative auditor, legislative oversight committees for rules and annual reports, and such other parties as necessary for prudent administration of the program and verification of elements of application.

(4) Once a claim is approved, the identity of the claimant and the related activated military person or honorably discharged military person and the amount approved shall be public record.

L. The board shall provide by rule the maximum percentage, not to exceed ten percent, per fiscal year that may be directed to outreach activities for veterans.

M. Repealed by Acts 2023, No. 393, §2.

Acts 2005, No. 151, §1, eff. June 28, 2005; Acts 2008, No. 676, §1; Acts 2010, No. 256, §1; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2012, No. 156, §1; Acts 2012, No. 281, §1; Acts 2016, No. 402, §1; Acts 2017, No. 60, §1; Acts 2018, No. 206, §5; Acts 2022, No. 413, §2, eff. June 15, 2022; Acts 2023, No. 393, §2.
La. Rev. Stat. § 46:2605.4 — LA Code / Code revised-statutes / Title 46 / Section 2605.4
Council on the Children of Incarcerated Parents
Status: in_force

A. There is hereby established the Council on the Children of Incarcerated Parents and Caregivers, hereinafter referred to as "the CIP Council". The domicile of the CIP Council shall be in the parish of East Baton Rouge. The CIP Council shall be housed within the office of the governor.

B. For the purpose of the CIP Council, "incarcerated parents and caregivers" includes all individuals who, prior to or following incarceration, are primarily or secondarily responsible for the health and well-being of an individual.

C.(1) The CIP Council shall be composed of the following members:

(a) Three individuals, representative of the various regions of the state, whose parents or caregivers are or were incarcerated when the individuals were minors.

(b) One person who is a formerly incarcerated parent or caregiver.

(c) One representative of the Louisiana Department of Health appointed by the secretary of the department or the representative's designee.

(d) One representative of the Department of Education appointed by the superintendent or the representative's designee.

(e) One representative of the Department of Children and Family Services appointed by the secretary of the department or the representative's designee.

(f) The family liaison of the Department of Public Safety and Corrections, office of juvenile justice, or the liaison's designee.

(g) One representative of the Department of Public Safety and Corrections appointed by the secretary or the representative's designee.

(h) One representative of the Louisiana Public Defender Board appointed by the state public defender or the representative's designee.

(i) One representative of the Louisiana District Attorneys Association appointed by the president of the association or the representative's designee.

(j) One representative of the Louisiana Sheriffs' Association appointed by the president of the association or the representative's designee.

(k) One person representing and appointed by Daughters Beyond Incarceration.

(l) One person representing and appointed by Voice of the Experienced.

(m) Three representatives shall be appointed by the governor.

(2) Additional members may be added as determined by a majority vote of those members currently serving on the CIP Council.

D. Members of the CIP Council shall serve two-year terms and shall not receive any compensation or reimbursement of expenses. Each member of the CIP Council shall serve until the appointment and qualification of their successor. Whenever a vacancy occurs in an appointed position, the vacancy shall be filled in the same manner and under the same conditions as required for the original appointment.

E. The CIP Council shall meet at least once in at least three of the four quarters each year. The CIP Council shall comply with the Open Meetings Law, R.S. 42:11 et seq., in conducting its regular business.

F. All departments, boards, agencies, officers, and institutions of the state and all subdivisions thereof shall cooperate with the CIP Council in carrying out its purposes pursuant to the provisions of this Section and R.S. 46:2605.5 and 2605.6.

G. The CIP Council shall make, or cause to be made, all such studies, reviews, or analyses that it determines to be necessary to effect its purpose.

H. The CIP Council may receive and expend funds appropriated or otherwise made available by the legislature or from any other source, including donations or gifts of money or services from public or private organizations or from any other sources, to be utilized for the purposes of the CIP Council and as further provided in R.S. 46:2605.6.

Acts 2020, No. 284, §1, eff. June 11, 2020.
La. Rev. Stat. § 46:451 — LA Code / Code revised-statutes / Title 46 / Section 451
Medicaid reimbursement; midwifery services
Status: in_force

A. The legislature hereby finds and affirms all of the following:

(1) Midwives are community-based practitioners who provide comprehensive, holistic, individualized maternity care and alternative birthing services to low-risk clients.

(2) Midwifery care is family-centered and individualized to consider the unique cultural, ethnic, psychosocial, nutritional, and educational needs of the client and supports healthy lifestyle habits that benefit the whole family.

(3) Midwives have made a tremendous contribution to the health and welfare of mothers, and the practice of midwifery continues to advance as a profession as these providers comprise an increasing part of mainstream health care.

B. The Louisiana Department of Health shall implement a Medicaid reimbursement rate for midwifery services that is, at a minimum, ninety-five percent of the amount reimbursed to licensed physicians for the provision of the same health services in pregnancy and childbirth when acting within their scope of practice.

C. For purposes of this Section, "midwife" means a licensed midwife licensed by the Louisiana State Board of Medical Examiners pursuant to R.S. 37:3240 et seq. or a certified nurse midwife licensed by the Louisiana State Board of Nursing pursuant to R.S. 37:913.

D.(1) The midwife shall be enrolled as a Medicaid provider and be a managed care organization network or a fee-for-service provider in the Medicaid program in order to be reimbursed in accordance with this Section.

(2) Implementation of the reimbursement rate provided for in this Section shall be subject to approval by the Centers for Medicare and Medicaid Services.

(3) The Louisiana Department of Health may promulgate any rules as may be necessary to implement the provisions of this Section.

E.(1) Nothing in this Section shall be construed to require a decrease in any reimbursement rate for midwife services that are reimbursed equal to the amount reimbursed to licensed physicians.

(2) Nothing in this Section shall be construed to expand, diminish, or alter the scope of practice of a midwife.

(3) Nothing in this Section shall be construed to require the Medicaid program to cover any specific healthcare service.

Acts 2023, No. 207, §1.
La. Rev. Stat. § 46:1918 — LA Code / Code revised-statutes / Title 46 / Section 1918
Information from other agencies
Status: in_force

The police and school authorities and other public officials and agencies shall, upon the request of the department, promptly make available to such department all pertinent information in their possession with respect to a child whose legal custody is placed in or who is under the supervision of the department pursuant to this Chapter or the provisions of R.S. 13:1561 through R.S. 13:1809, both inclusive.

Added by Acts 1974, No. 558, §1, emerg. eff. July 12, 1974. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978.
La. Rev. Stat. § 46:1445.8 — LA Code / Code revised-statutes / Title 46 / Section 1445.8
Program reporting
Status: in_force

A. A vendor chosen by the department pursuant to R.S. 46:1445.4 shall record and report monthly to the department related to the adoption program services provided pursuant to this Chapter, and the report shall include all of the following information:

(1) The number of participants who obtained a service pursuant to R.S. 46:1445.5.

(2) The number and type of services provided.

(3) The number and type of referrals made.

B. The department shall annually report to the House and Senate committees on health and welfare all of the information reported pursuant to this Section after redacting any private medical information and any other privileged information associated with the birth mothers, expectant parents, unborn children, and other children served by this program.

Acts 2024, No. 515, §1, eff. Jan. 1, 2025.
La. Rev. Stat. § 46:1831.5 — LA Code / Code revised-statutes / Title 46 / Section 1831.5
Application; requirements; confidentiality
Status: in_force

A.(1) An application for reparations shall be filed in writing with the board within one year after the date of the death or within a longer period as the board determines is justified by the circumstances. The application shall be valid only if reasonable documentation of the crime resulting in the death is submitted with the application.

(2) For the purposes of this Subsection, "reasonable documentation" means any of the following:

(a) A police report documenting the commission of the crime of vehicular homicide, pursuant to R.S. 14:32.1, and documenting that the offender did not maintain compulsory motor vehicle liability security pursuant to R.S. 32:861.

(b) Court records evidencing the criminal prosecution of the crime of vehicular homicide, pursuant to R.S. 14:32.1.

(c) A certification of the crime signed under oath by a prosecuting attorney or investigating law enforcement officer who has personal involvement in the prosecution or investigation of the criminal case relative to the application.

(d) A copy of the death certificate.

B. Application shall be made on a form prescribed and provided by the board, which shall contain the following:

(1) A description of the date, nature, and circumstances of the act or acts resulting in the death of the victim.

(2) A copy of the death certificate.

(3) An authorization permitting the board or its representatives to verify the contents of the application.

(4) Records, documents, and information in the possession of the board received pursuant to a law enforcement investigation or a verification of application by a law enforcement agency shall be considered investigative records of a law enforcement agency as described in R.S. 44:3 and shall not be disseminated under any condition without the permission of the agency providing the record or information to the board.

Acts 2023, No. 451, §2.

NOTE: Pursuant to R.S. 46:1831.16, this Chapter will terminate Aug. 1, 2027.
La. Rev. Stat. § 46:1810 — LA Code / Code revised-statutes / Title 46 / Section 1810
Amount of reparations award
Status: in_force

A. Awards payable under this Chapter shall not exceed fifteen thousand dollars in the aggregate for all claims arising out of the same crime except for those victims who are permanently, totally, or permanently and totally disabled as a result of the crime, the aggregate award shall not exceed twenty-five thousand dollars.

B. In no case shall the total aggregate of awards given during any fiscal year to claimants residing in the same parish exceed the total amount of costs levied, collected, and remitted by that parish to the Louisiana Commission on Law Enforcement and Administration of Criminal Justice as required by R.S. 46:1816(D) for the preceding two fiscal years prior to the date of the crime to which this Chapter applies, or ten thousand dollars, whichever is greater. This Subsection shall not apply if the board determines that a qualified claimant would suffer severe and undue hardship if economic relief is not provided.

Acts 1983, No. 161, §1; Acts 1985, No. 542, §1; Acts 1989, No. 199, §1; Acts 1989, No. 256, §1; Acts 1991, No. 409, §1; Acts 2022, No. 487, §2.
La. Rev. Stat. § 46:460.82 — LA Code / Code revised-statutes / Title 46 / Section 460.82
Procedure for independent review; claims other than those for dental services
Status: in_force

Except for adverse determinations taken against a dentist by a dental coordinated care network, the review procedure for which is provided for in R.S. 46:460.90, the following procedure shall govern the process for independent review of an adverse determination taken against a provider by a managed care organization:

(1) A provider shall submit a written request for reconsideration to the managed care organization that identifies the claim or claims in dispute, the reasons for the dispute, and any documentation supporting the provider's position or request by the managed care organization within one hundred eighty days from one of the following dates:

(a) The date on which the managed care organization transmits remittance advice or other notice electronically, or the date of postmark if the remittance advice or other notice is provided in a nonelectronic format.

(b) Sixty days from the date the claim was submitted to the managed care organization if the provider receives no remittance advice or other written or electronic notice from a managed care organization either partially or totally denying the claim.

(c) The date on which the managed care organization recoups monies remitted for a previous claim payment.

(2) The managed care organization shall acknowledge in writing its receipt of a reconsideration request submitted in accordance with Paragraph (1) of this Section within five calendar days after receipt of the request. The managed care organization shall render a final decision and provide a response to the provider within forty-five calendar days from the date of receipt of the request for reconsideration, unless a longer time to completely respond is agreed upon in writing by the provider and the managed care organization.

(3)(a) Pursuant to the reconsideration request, if the managed care organization upholds the adverse determination or does not respond to the request within the time frames allowed in this Section, then the provider may file a written notice with the department requesting the adverse action be submitted to an independent reviewer as provided for in this Subpart. The notice requesting an independent review shall be received by the department within sixty days from either the date the provider receives notice of the decision of the reconsideration request; or, if the managed care organization does not respond to the reconsideration request within the time frames allowed in this Section, the last date of the time period allowed for the managed care organization to respond.

(b) The department shall provide by rule for the appropriate address to be used by the provider for submission of the notice required by this Section. The provider shall include a copy of the written request for reconsideration with the request for an independent review.

(c) If the managed care organization reverses the adverse determination pursuant to a request for reconsideration, payment of the claim or claims in dispute shall be paid no later than twenty days from the date of the decision.

(4)(a) Upon receipt of a notice of request for independent review and all required supporting information and documentation, the department shall refer the adverse determination to an independent reviewer. The department shall use best efforts to refer an equal proportion of the total number of disputed claims to each independent reviewer.

(b) Subject to approval by the department, a provider may aggregate multiple adverse determinations involving the same managed care organization when the specific reason for nonpayment of the claims aggregated involve a dispute regarding a common substantive question of fact or law. The sole fact that a claim is not paid does not create a common substantive question of fact or law unless the provider has received no remittance advice or other written or electronic notice from a managed care organization either partially or totally denying a claim within sixty calendar days of receipt of the claim by the managed care organization and the claims involve a common substantive question of fact or law.

(5)(a) Within fourteen calendar days of receipt of the request for independent review, the independent reviewer shall request in writing that both the provider and the managed care organization provide the reviewer all information and documentation regarding the disputed claim or claims. The independent reviewer shall request the provider and managed care organization to identify all information and documentation that has been submitted by the provider to the managed care organization regarding the disputed claim or claims. Further, the independent reviewer shall advise the managed care organization and the provider that he will not consider any information or documentation not received within thirty calendar days of receipt of his request or any information submitted by the provider that was not submitted to the managed care organization as part of the request for reconsideration.

(b) If a provider elected to aggregate its claims, the independent reviewer may, upon request, allow for up to an additional thirty days for both the provider and managed care organization to provide relevant information related to the independent review requests.

(6)(a) If the independent reviewer determines that guidance on a medical issue from the department is required to make a decision, then the reviewer shall refer this specific issue to the department for review and response unless the department designates a different contact for this function by rule. Medical issues requiring referral may include the matter of whether a medical benefit is a covered service under the Medicaid program.

(b) The department may respond to the request or refer it to an independent contractor. The response to a request to determine whether a service received was medically necessary must be provided by a physician who is licensed by the state of Louisiana and actively practices in the same medical specialty. The department shall provide a concise response to the request within ninety calendar days after receipt.

(7)(a) Upon receipt of the information requested from the provider and managed care organization or the lapse of the time period for the managed care organization and provider to submit information along with receipt of any applicable responses from the department for guidance on medical issue, the independent reviewer shall examine all materials submitted and render a decision on the dispute within sixty calendar days. However, the independent reviewer may request in writing an extension of time from the department to resolve the dispute. If an extension of time is granted by the department, then the independent reviewer shall provide notice of the extension of time to both the provider and the managed care organization involved in the dispute.

(b) In reaching a decision, the independent reviewer shall not consider any information or documentation from the provider that the provider did not submit to the managed care organization during the managed care organization's review of the provider's request for reconsideration of the adverse determination.

(8) Upon rendering a decision, the independent reviewer shall send to the managed care organization, the provider, and the department a copy of the decision. Once the independent reviewer renders a decision requiring a managed care organization to pay any claims or portion of the claims, then the managed care organization shall send the payment in full along with interest back to the date the claim was originally denied or recouped to the provider within twenty calendar days of the date of the reviewer's decision.

Acts 2017, No. 349, §2; Acts 2018, No. 284, §1.
La. Rev. Stat. § 46:236.1.1 — LA Code / Code revised-statutes / Title 46 / Section 236.1.1
Family and child support programs; definitions
Status: in_force

For the purposes of this Subpart, the following items shall mean:

(1) "Accessible", for the purposes of health insurance, means health insurance that provides primary care services within fifty miles of the residence of the child subject to the child support order.

(2) "Cash medical support" means an amount ordered to be paid toward the cost of health insurance provided by a public entity, another parent, or person with whom the child resides, through employment or otherwise, or for other medical costs not covered by insurance.

NOTE: Paragraph (3) eff. until Oct. 1, 2027. See Acts 2025, No. 477.

(3) "CSE administrator" means the program executive director of the child support enforcement section, division of family support, office of children and family services, Department of Children and Family Services.

NOTE: Paragraph (3) as amended by Acts 2025, No. 477, eff. Oct. 1, 2027.

(3) "CSE administrator" means the assistant secretary of the office of child support, Department of Children and Family Services.

(4) "Delinquent of an amount equal to one month's support" means that an obligor becomes delinquent of an amount equal to one month's support obligation on the day after a payment is due and the total amount owed equals or exceeds one month's support obligation. A delinquency includes any judgment awarding retroactive support in accordance with R.S. 9:315.21 and 399.

(5) "Department" means the Department of Children and Family Services.

(6) "Financial institutions" means the following:

(a) A depository institution, as defined in Section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)).

(b) An institution-affiliated party, as defined in Section 3(u) of the Federal Deposit Insurance Act (12 U.S.C. 1813(u)).

(c) Any federal credit union or state credit union, as defined in Section 101 of the Federal Credit Union Act (12 U.S.C. 1752), including an institution-affiliated party of such a credit union, as defined in Section 206(r) of the Federal Credit Union Act (12 U.S.C. 1786(r)).

(d) Any benefit association, insurance company, safe deposit company, money-market mutual fund, or similar entity authorized to do business in this state.

(7) "Financial record", the meaning given such term in Section 1101 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401).

(8) "FITAP" means Family Independence Temporary Assistance Program.

(9) "Health insurance" means insurance covering medical expenses resulting from sickness or injury.

(10) "Healthcare coverage" means fee for service, health maintenance organization, preferred provider organization, and other types of private health insurance and public healthcare coverage under which medical services could be provided to the dependent child.

(11) "Medical support" means health insurance, cash medical support, and the payment of the medical expenses of the child.

(12)(a) "Noncustodial parent" means an absent parent as defined in Subparagraph (b) of this Paragraph.

(b) "Absent parent" means any person who does not reside with his dependent child and who is responsible for providing financial support for that child and against whom the child support enforcement section of the department is enforcing or seeking to enforce or modify a support obligation pursuant to a plan described in Title IV-D of the Social Security Act and made applicable to the state under this Subpart. An "absent parent" may include but is not limited to the natural parent, adoptive parent, and the putative or alleged father. This definition shall apply retroactively to all cases that the child support enforcement section of the department is enforcing or seeking to enforce or modify.

(13) "Private health insurance" means coverage by a health plan provided through an employer or union or purchased by an individual from a private health insurance company.

(14) "Public health insurance" means health insurance provided by a public entity.

(15) "Reasonable cost", as it pertains to private health insurance, means that the health insurance premiums for the minor child or children do not exceed five percent of the gross income of the parent ordered to provide support pursuant to R.S. 9:315.4. The five percent standard shall apply to the cost of adding the child to an existing policy, the difference in the cost between a single and a family policy, or the cost of acquiring a separate policy to cover the child. There is a rebuttable presumption that public health insurance is always available at a reasonable cost.

(16) "Support services" and "support enforcement services" means any action taken by the Department of Children and Family Services, upon receipt of an application or referral for services or a request made under the Uniform Interstate Family Support Act, in accordance with the federal requirements of Title IV-D of the Social Security Act and corresponding state laws and regulations without regard to whether there is any existing court order, delinquency, or presumption of paternity.

Acts 2003, No. 1068, §2, eff. July 2, 2003; Acts 2004, No. 510, §1, eff. June 25, 2004; Acts 2008, No. 532, §5; Acts 2010, No. 299, §1; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2012, No. 255, §7; Acts 2016, No. 90, §3, eff. July 1, 2016; Acts 2016, No. 253, §2; Acts 2018, No. 166, §1, eff. May 15, 2018; Acts 2025, No. 477, §15, eff. Oct. 1, 2027.
La. Rev. Stat. § 46:977.5 — LA Code / Code revised-statutes / Title 46 / Section 977.5
Eligibility requirements
Status: in_force

A. To be eligible for this program, a child shall:

(1) Be ineligible for medical assistance under the Louisiana Medicaid program or benefits under LaCHIP.

(2) Be in a family in which the family income is between two hundred percent and three hundred percent of the applicable federal poverty guideline as published in the Federal Register by the United States Department of Health and Human Services.

(3) Meet at least one of the following requirements:

(a) Be without health insurance for a period of time set forth in rules promulgated by the department.

(b) Have a parent who has lost employment and health insurance, which leaves the child without available, affordable dependent health insurance coverage, until such time as affordable employer-sponsored dependent health insurance coverage is again available for the child as set forth in rules promulgated by the department. The department may take into account the affordability of dependent health insurance when determining whether employer-sponsored dependent health insurance coverage is available upon reemployment of a child's parent.

(c) Be a newborn whose responsible party does not have available, affordable private or employer-sponsored health insurance.

(d) Have lost medical benefits under the Louisiana Medicaid program or LaCHIP within one year of applying for coverage under this Part.

B. A child who is determined to be eligible for the program shall remain eligible for twelve months.

C. A child shall not be eligible for coverage under the program if:

(1) The premium required by R.S. 46:977.9(D) has not been timely paid. If the required premium is not paid, the liability of the program shall be limited to healthcare services provided under the program for the time period for which the premium has been paid. A child shall also be ineligible for reenrollment for a period of time set forth in rule by the department if the premium is not paid.

(2) The child is in the custody of a juvenile detention facility or adult correction facility.

Acts 2007, No. 407, §1, eff. July 10, 2007; Acts 2018, No. 206, §5.
La. Rev. Stat. § 46:1098.7 — LA Code / Code revised-statutes / Title 46 / Section 1098.7
Rights, powers, and duties of board of commissioners
Status: in_force

The district acting by and through its board shall have and exercise all rights, powers, and duties for the carrying out of its objects and purposes including but not limited to the following:

(1) To represent the public interest in providing medical care in the parish.

(2) To advise the parish governing authority and the directors of healthcare facilities under its control of problems concerning the operation of district facilities.

(3) To make, amend, and repeal and to promulgate and enforce rules, regulations, resolutions, guidelines, and organizational modifications concerning the conduct of healthcare facilities in order to ensure proper and reliable operation of such facilities.

(4) To conduct hearings and rule upon complaints by or against any officer or employee of the district.

(5) To review and modify or set aside any action of the officers or employees of the district which the board may determine to be desirable or necessary in the public interest.

(6)(a) To select, appoint, and enter into an employment contract with a chief executive officer of the hospital who shall be given full responsibility and authority to manage the hospital in accordance with the policies established by the board.

(b) The chief executive officer's employment contract may be for a fixed term.

(c) The chief executive officer shall report directly to the board of commissioners.

(7) To contract for the construction of facilities, the provision of services, or in any other manner which will assist the board in providing quality health care for the district.

(8) To appoint any standing and special committees as may be necessary to carry out the purposes of the district.

(9)(a) To select, appoint, and enter into an employment contract with a chief financial officer to oversee the financial matters of the district.

(b) The chief financial officer shall report directly to the chief executive officer, but shall maintain a fiduciary duty to the board of commissioners.

(10) To approve bylaws for the medical staff and for the board, to suspend the bylaws at any time and for any length of time, and to require the rewriting of all or part of such bylaws.

(11) To accept any or all officers elected by the medical staff, or to refuse to accept any or all such officers, and to require the election of new officers.

(12)(a) To purchase and acquire lands and to purchase, acquire, construct, and maintain healthcare facilities, including: hospitals, clinics, nursing homes, offices for healthcare professionals, laboratories, and any other physical facilities necessary to carry out the purposes of the district.

(b) The board shall not relocate the primary healthcare facilities from the municipal corporate limits of the city presently the domicile of the board of commissioners without the consent of the governing authority of St. Tammany Parish.

(13) To employ legal counsel as determined by the board of commissioners.

(14) To establish, maintain, and carry on its activities through one or more profit or nonprofit corporations for the benefit of the district.

(15) To borrow money and to issue general obligation bonds, revenue bonds, notes, certificates, or other evidences of indebtedness of the district in order to accomplish any of its objects and purposes.

(16) To delegate authority to its officers, appointees, and employees.

(17) To do any and all things except as limited by the Constitution of Louisiana which are necessary for and to the advantage of healthcare facilities, including but not limited to the extension of privileges and use of healthcare facilities to persons residing outside the district.

(18) In addition to other benefits, salary, and compensation, to offer assistance through the district to members of the medical staff in order to attract and retain competent staff, including but not limited to the following:

(a) The establishment of clinic and group practice.

(b) Malpractice insurance coverage under the healthcare facility's policy of professional liability insurance.

(c) Professional fee billing.

(d) The opportunity to rent office space in facilities owned and operated by the district.

(e) The employment of physicians by contracts for a fixed term.

(19)(a) To permit by a general or specific grant of authority upon a majority vote of the board of commissioners, a healthcare facility to expend or contract to expend money, or incur liability, including a mortgage on property, or enter into a contract or contracts which by the terms involves the expenditure of money for purposes not provided for in the budget or which are in excess of the amounts appropriated in the resolution of the commission approving the budget for the next fiscal year.

(b) Upon a majority vote of the board of commissioners, to expend, or contract to expend money, or incur liability, including a mortgage on property, or enter into a contract or contracts which by the terms involves the expenditure of money for purposes not provided for in the budget or which are in excess of the amounts appropriated in the resolution of the board approving the budget for the fiscal year.

(20) To attend and complete all education courses and seminars made available or assigned to the board by the hospital, including but not limited to state ethics laws, HIPAA, and preventing sexual harassment and fraud and abuse.

(21) Notwithstanding any other provisions of law to the contrary, to annually appoint, if desired, a former member of the board to serve as a nonvoting "Commissioner Emeritus" to advise and provide historical perspective to the board when requested by the chairman. Such person shall be paid a per diem equal to that paid to other board members for attendance at the meeting together with reasonable expenses to attend any event attended by the board of commissioners. The "Commissioner Emeritus" may not serve longer than one year.

(22) At the beginning of each hospital fiscal year, to elect a chairperson, vice chairperson, secretary-treasurer, and other officers considered necessary, all to serve terms of one year. No chairperson or vice chairperson shall serve more than two consecutive terms as chairperson or vice chairperson.

(23) To hold regular meetings at least monthly and as often as necessary for the conduct of its business. Special meetings may be called upon at least forty-eight hour notice by the chairperson, or in his absence, by the vice chairperson, or upon the written authorization of a majority of the members of the board. Emergency meetings, providing notice of at least twenty-four hours, may be called by the chairperson, or in his absence, by the vice chairperson, or by any three members of the board.

(24)(a) To pay each board member a per diem not to exceed one hundred dollars for each meeting attended. However, except in the case of an emergency, no board member shall receive per diem for more than seven meetings per month. The chairman or other officer of the board may receive per diem for ten meetings per month. In the case of an emergency, the chairman may receive per diem for more than ten meetings per month. Telephone or video conferences for educational or managerial purposes may be considered by the chairman of the board to be a meeting for which compensation may be paid.

(b) Members of the board shall receive no additional compensation for any other services rendered as commissioners.

(c) Members of the board, or a physician, by reason of his service on the board, shall not receive health insurance as compensation for service on the board.

(d) Members of the board may be reimbursed for reasonable expenses, for the board member only, to a professional or educational meeting or seminar, the subject matter of which would be directly beneficial to the service district. Any board member seeking approval of such expenses shall make the request in writing and shall present to the board a written report on the contents of the meeting or seminar within sixty days of returning from the meeting or seminar.

(25) Each quarter, at regularly scheduled public meetings of the board, to receive a financial overview of the current financial status of the district which shall be presented, taking into consideration both proprietary information and information pertaining to marketing.

(26) Each year, to present to the appointing authority in a regularly scheduled open meeting the audited and certified financial statement for the previous fiscal year.

Acts 2020, No. 365, §1, eff. June 12, 2020; Acts 2021, No. 49, §1.
La. Rev. Stat. § 46:978.1 — LA Code / Code revised-statutes / Title 46 / Section 978.1
Definitions
Status: in_force

As used in this Chapter, the following definitions shall apply:

(1) "Department" shall mean the Louisiana Department of Health.

(2) "Health information technology" shall mean information technology used in health care, including but not limited to electronic health records or electronic medical records, computerized physician order entry, health information exchange, telehealth, and other relevant information technology deemed appropriate by the secretary of the department.

(3) "Medical home system of care" shall mean a health care delivery system that is patient and family centered and is guided by a personal primary care provider who coordinates and facilitates preventive and primary care that improves patient outcomes in the most cost-efficient manner possible. By providing a coordinated continuum of care, the cost of the current health care delivery system shall be reduced, health outcomes shall improve, and the disparities in access to health care among the state's populations shall be reduced. The medical home system of care shall consist of an integrated system of public, private, or public and private primary care providers, specialty care groups, and hospital providers that are willing to participate in the integrated system and meet participation criteria.

(4) "Secretary" shall mean the secretary of the Louisiana Department of Health.

Acts 2007, No. 243, §1; Acts 2023, No. 322, §5, eff. Jan. 1, 2024.
La. Rev. Stat. § 46:5 — LA Code / Code revised-statutes / Title 46 / Section 5
Parish appropriations in aid of charity hospitals of adjoining states
Status: in_force

The police juries may, under such regulations as they may prescribe, appropriate annually and use from parish funds, sums of money not to exceed three hundred dollars in aid of charity hospitals or other similar institutions of adjoining states, when the charity hospitals or other institutions are freely used, without cost, by the indigent sick or wounded citizens of the parishes.
La. Rev. Stat. § 46:460.87 — LA Code / Code revised-statutes / Title 46 / Section 460.87
Penalties
Status: in_force

A managed care organization found by the secretary to be in violation of any provision of this Subpart may be subject to a penalty of up to twenty-five thousand dollars per violation. In addition, if a managed care organization is subject to more than one hundred independent reviews annually and the percentage of adverse determinations overturned in favor of the healthcare provider as a result of an independent review is greater than twenty-five percent, the managed care organization may be subject to a penalty of up to twenty-five thousand dollars.

Acts 2017, No. 349, §2.
La. Rev. Stat. § 46:2625 — LA Code / Code revised-statutes / Title 46 / Section 2625
Fees on healthcare providers; disposition of fees
Status: in_force

A.(1) The Louisiana Department of Health is hereby authorized to adopt and impose fees for healthcare services provided by the Medicaid program on every nursing facility, every intermediate care facility for people with developmental disabilities, every pharmacy in the state of Louisiana and certain out-of-state pharmacies, dispensing physicians, and medical transportation providers. The amount of any fee shall not exceed the total cost to the state of providing the healthcare service subject to such fee. In addition, the amount of the fees imposed under the rules and regulations adopted shall not exceed the following:

(a) For nursing facilities, the percentage of net patient service revenues permitted by federal regulation pursuant to 42 CFR 433.68 as determined by the department on a per occupied bed per day basis.

(b) Thirty dollars per occupied bed per day for intermediate care facilities for people with developmental disabilities.

(c) Ten cents per out-patient prescription.

(d) Ten cents per out-patient out-of-state prescription.

(e) Ten cents per out-patient prescription dispensed by dispensing physicians.

(f) Seven dollars and fifty cents per medical service trip for medical transportation providers.

(2)(a) Any fee authorized by and imposed pursuant to this Section shall be considered an allowable cost for purposes of insurance or other third party reimbursements and shall be included in the establishment of reimbursement rates.

(b) Every contract between a pharmacy or pharmacist or his agent and a health insurance issuer or its agent shall include provisions requiring the health insurance issuer or its agent to reimburse the pharmacy or pharmacist or his agent for payment of the fee authorized by Subparagraph (A)(1)(c) of this Section, provided that the pharmacy or pharmacist or his agent makes a claim for reimbursement of the fee. Reimbursement, in accordance with R.S. 22:1854, shall be made not later than the fifteenth day after the date on which the claim was electronically adjudicated in the manner by which the pharmacy or pharmacist or his agent routinely receives reimbursement and accompanied by a remittance advice generated by a health insurance issuer or its agent which shall clearly identify the fee for each claim. Any contract that does not include such provisions shall nonetheless be interpreted and enforced to comply with this Section.

(c) In the event any provision of Subparagraph (b) of this Paragraph prevents any sums otherwise certifiable by the state as a component of its share of expenditures in the medical assistance program from being used in such manner, the provision shall be ineffective to the extent it prevents the certification.

(3) Subject to the exceptions contained in Article VII, Section 9(A) of the Constitution of Louisiana, all fees collected pursuant to the authority granted in this Section shall be paid into the state treasury and shall be credited to the Bond Security and Redemption Fund. Out of the funds remaining in the Bond Security and Redemption Fund after a sufficient amount is allocated from that fund to pay all obligations secured by the full faith and credit of the state which become due and payable within any fiscal year, the treasurer shall, prior to placing such remaining funds in the state general fund, pay into the Louisiana Medical Assistance Trust Fund an amount equal to the total amount of such fees collected.

B. Repealed by Acts 2016, No. 675, §2.

C.(1) The department is hereby authorized and directed to adopt and promulgate, pursuant to the Administrative Procedure Act, such rules and regulations as are necessary to administer the fees imposed herein, including but not limited to rules and regulations regarding the collection and payment of the fees and the records necessary to be maintained and made available by the providers on whom the fees are imposed. Any such information, other than the amount of fees collected from each provider and the total amount of revenues generated by the fees authorized herein, which is received by any department or agency of the state pursuant to this Chapter shall be held confidential.

(2) The department is authorized and directed to adopt and promulgate, pursuant to the Administrative Procedure Act, rules and regulations governing the rights and obligations of those on whom said fees will be imposed. Such rules and regulations shall include the administrative appeal rights and procedures governing disputes arising out of the collection or administration of the fees authorized herein, subject to the provisions of Subsection E of this Section.

D. The governor, by executive order, may designate any agency, department, or division of state government to collect the fees authorized herein.

E.(1) All disputes arising from submission of reports and fees due from a pharmacy which are deemed untimely as described herein or disputes regarding the amount of fees due from a pharmacy pursuant to Paragraph (A)(1) of this Section shall be handled as provided in this Subsection. All other disputes regarding pharmacy fees pursuant to this Section which are not related to timeliness and accuracy of reports or fees due the department, or which involve fees due from a dispensing physician under this Section, shall be handled as provided for in rules promulgated pursuant to Paragraph (C)(2) of this Section.

(2) Beginning January 1, 2000, the Louisiana Board of Pharmacy, hereinafter "the board", shall take necessary action to suspend the registration and permit of any registered in-state or out-of-state pharmacy which fails to timely submit a quarterly statement with the Louisiana Department of Health containing the number of prescriptions filled, compounded, or dispensed, and delivered in or into the state of Louisiana during the previous three-month period, or for failure to timely submit the appropriate prescription fees due pursuant to this Section. A report or fee shall be considered untimely if it is received by the department thirty days after the close of the most recent quarter. Each report of the quarterly statement shall be signed and verified as to accuracy of information contained therein by the preparer of the statement on a form provided by the department.

(3) The board in consultation with the department shall promulgate rules, in accordance with the Administrative Procedure Act, as necessary to comply with the requirements of the board herein, including rules to strictly define criteria for exceptions to the suspension requirements herein, and to provide rules for reinstatement procedures. Any revocation action taken pursuant to this Subsection shall proceed in accordance with laws and rules applicable to suspension of pharmacy permits in general, including the hearing and appeal rights provided pursuant to R.S. 37:1200 and 1201.

(4) The department shall promptly notify the board by certified mail of any reports or fees as described herein which are untimely as described herein, or fees in which the department considers the amount due from the pharmacy to be in dispute thirty calendar days after the date such fees are due to be received by the department. A copy of such notification shall also be sent by certified mail to the pharmacy which is the subject of the untimely reports or fees. The department shall promulgate rules, in accordance with the Administrative Procedure Act, as necessary to comply with the requirements of this Subsection, including rules to continuously apprise the board of fees and reports received by the department from any pharmacy which has been referred to the board for suspension proceedings.

(5) Nothing in this Subsection shall be construed to prevent the department from enforcing existing rules which assess monetary penalties against a pharmacy for late filing of reports or fees, which are not otherwise in conflict with the provisions herein.

Acts 1992, No. 260, §1, eff. June 10, 1992 (R.S. 46:2625(B) eff. April 1, 1992); Acts 1999, No. 1192, §1; Acts 2006, No. 163, §3; Acts 2015, No. 399, §2; Acts 2016, No. 675, §§1, 2; Acts 2019, No. 404, §1, eff. July 1, 2020.
La. Rev. Stat. § 46:12 — LA Code / Code revised-statutes / Title 46 / Section 12
Prima facie truth of pleadings of hospitals
Status: in_force

Whenever the pleadings filed on behalf of any charity hospital of this state or any veterans administration hospital in the state are accompanied by an affidavit of the director or any officer of the hospital or of the attorney designated to represent the hospital, that the facts as alleged are true to the best of the affiant's knowledge or belief, all of the facts alleged in the pleadings shall be accepted as prima facie true and as constituting a prima facie case, and the burden of proof to establish anything to the contrary shall rest wholly on the opposing party.

Amended by Acts 1972, No. 20, §1.
La. Rev. Stat. § 46:2351 — LA Code / Code revised-statutes / Title 46 / Section 2351
Definitions
Status: in_force

As used in this Chapter, the following definitions apply:

(1) "Board" means the group of individuals named or appointed to inform and support the work of the Louisiana Commission for the Deaf pursuant to R.S. 46:2352.

(2) ''Commission'' means the Louisiana Commission for the Deaf.

(3) "Deaf" means a condition of or person with some or complete absence of auditory sensitivity, regardless of when the hearing loss occurred, and is most often represented with a lowercase letter "d". Methods of communication may include American Sign Language or spoken English. The term "Deaf", when written or expressed with an uppercase letter "D", specifically refers to a group of deaf individuals who identify as a cultural and linguistic minority with specific languages, namely visual or tactile methods of communication, and social mores.

(4) "DeafBlind" means a condition of or person with concomitant visual and auditory sensitivity to the extent that it causes extreme difficulty in gaining independence in daily life activities, achieving psychosocial adjustments, or obtaining a vocation.

(5) "Department" means the Louisiana Department of Health.

(6) "Hard of hearing" means a condition of or person with total or partial inability to hear sound, but not to the extent that the person must rely primarily on visual communication.

(7) "Hearing" means any person who has average to above hearing levels.

(8) "Interpreter" means an individual involved in the process of interpreting or transliterating between the English language and American Sign Language or any communication modes used by d/Deaf, DeafBlind, or hard of hearing persons. Communication modes may include but are not limited to cued speech and tactile sign.

(9) "Secretary" means the secretary of Louisiana Department of Health.

Acts 2022, No. 128, §1.

NOTE: Former R.S. 46:2351 redesignated as R.S. 46:2352 by Acts 2022, No. 128, §1.
La. Rev. Stat. § 46:460.73 — LA Code / Code revised-statutes / Title 46 / Section 460.73
Medicaid managed care organization payment accountability
Status: in_force

A.(1) Each Medicaid managed care organization shall be responsible for ensuring that any provider it contracts with or enrolls into its network has attained and satisfies all Medicaid provider enrollment, credentialing, and accreditation requirements and all other applicable state or federal requirements in order to receive reimbursement for providing services to Medicaid recipients. Any Medicaid managed care organization that contracts with or enrolls a provider into its provider network and fails to ensure proper compliance with Medicaid provider enrollment, credentialing, or accreditation requirements shall be liable for reimbursement to the provider for any services rendered to Medicaid recipients until such time as the deficiency is identified by the Medicaid managed care organization and notice is issued to the provider pursuant to R.S. 46:460.72. Reimbursement for any services provided during the fifteen-day remedy period after notice of the deficiency was identified by the Medicaid managed care organization, or during a longer period if allowed by the department, shall be withheld if the provider elects to continue providing services while the deficiency is under review. If the deficiency is remedied, the Medicaid managed care organization shall remit payment to the provider. If the deficiency is not remedied, nothing in this Subsection shall be construed to preclude the managed care organization from recouping funds from the provider for any period in which the provider was not properly enrolled, credentialed, or accredited.

(2) If a provider cannot remedy the deficiency within fifteen days and believes that the deficiency was caused by good faith reliance on misinformation by the managed care organization and the provider asserts that he acted without fault or fraudulent intent he may seek review of the matter by the department if he believes there is no deficiency or that because of his reliance on misinformation from the Medicaid managed care organization, he cannot remedy the deficiency within fifteen days, but that an exception should be made to allow him reasonable time to come into compliance so as to not disrupt patient care. The provider shall prove absence of fault or fraudulent intent by producing guidance, applications, or other written communication from the managed care organization that bears incorrect information, including whether the misinformation or guidance was contradictory to applicable Medicaid manuals, rules, or policies.

(3) The department shall review all materials and information submitted by the provider and shall review any information necessary that is in the custody of the Medicaid managed care organization to render a written decision within thirty days of the date of receipt for review submitted by the provider. If the department's decision is in favor of the provider, a reasonable time shall be afforded to the provider to remedy the deficiency caused by the misinformation of the Medicaid managed care organization. During this time, the provider shall be allowed to provide services and submit claims for reimbursement. The written decision issued pursuant to this Paragraph shall be sent to the provider and the Medicaid managed care organization by certified mail.

(4) In addition to the managed care organization being responsible for payment to the provider, the department may impose penalties on the managed care organization in accordance with contract provisions or rules and regulations promulgated pursuant to the Administrative Procedure Act.

(5) If the department's decision is not in favor of the provider, the provider's contract shall be terminated immediately pursuant to the notice provided for in R.S. 46:460.72(C).

(6) If the department's decision is that the provider acted with fault or fraudulent intent, the provisions of Subsection B of this Section shall apply.

(7) The written decision by the department is the final administrative decision and no appeal or judicial review shall lie from this final administrative decision.

B.(1) Each Medicaid managed care organization shall be responsible for mitigating fraud, waste, and abuse of the funds it receives in the form of per-member per-month rates for the provision of services to its plan enrollees. Any Medicaid managed care organization that contracts with or enrolls a provider into the provider network and fails to mitigate fraud, waste, and abuse by a provider who acted with fault or fraudulent intent in securing a contract or submitting claims shall void all claims and previous encounters for the provider.

(2) Failure to execute the provisions of their responsibility to mitigate fraud, waste, and abuse shall not be considered a risk of the Medicaid managed care organization for purposes of calculating per-member per-month rates. All claims associated with fraud, waste, and abuse shall be voided. Voided claims shall not be used for purposes of rate setting or by the Medicaid managed care organization to seek an increase in rates or payments.

(3) The provisions of this Subsection do not preclude the Medicaid managed care organization from recouping and retaining improper payments and overpayments to a provider.

(4) In addition to the managed care organization being responsible for voiding all claims and encounters associated with fraud, waste, and abuse for any payments made to a provider, the department may impose penalties on the managed care organization in accordance with contract provisions or rules and regulations promulgated pursuant to the Administrative Procedure Act.

(5) The Medicaid managed care organization shall be liable to the department for any other costs, expenses, claims, or reimbursement incurred or expended by the department due to the provider's fault or fraudulent intent.

C. Each Medicaid managed care organization shall report every instance of suspected fraud, waste, or abuse to the department and the attorney general. In addition to the sanction and enforcement authority of the department pursuant to a properly executed contract or properly promulgated rule, the attorney general shall have the authority to investigate, enforce, impose sanctions upon, and seek recoveries from any Medicaid managed care organization pursuant to the provisions of this Section and the Medical Assistance Programs Integrity Law, R.S. 46:437.1 et seq. Recoupments shall be returned to the department. All other sanctions, penalties, civil monetary penalties, and additional recoveries or costs of investigations obtained by the attorney general shall be deposited into the Medical Assistance Programs Fraud Detection Fund, as established in R.S. 46:440.1. No Medicaid managed care organization or any officer, director, employee, representative, or agent thereof shall have any liability to the provider or any other person for reporting any suspected fraud to the department or to the attorney general as required by this Section.

D. Nothing in this Section shall be construed to prevent the department or the attorney general from enforcing and imposing penalties otherwise provided for in law or regulation.

E. The department shall promulgate rules and regulations necessary to implement the provisions of this Section in accordance with the Administrative Procedure Act.

F. Nothing in this Section shall be construed to supersede or conflict with the provisions of R.S. 46:460.62.

G. The provisions of this Section shall be subject to approval by the Centers for Medicare and Medicaid Services.

Acts 2018, No. 489, §1.
La. Rev. Stat. § 46:977.21 — LA Code / Code revised-statutes / Title 46 / Section 977.21
Purpose
Status: in_force

The purpose of this Part is to provide for the TEFRA option within the Medicaid program of this state through which children with disabilities can access Medicaid-funded services regardless of their parents' income.

Acts 2019, No. 421, §1.
La. Rev. Stat. § 46:977.41 — LA Code / Code revised-statutes / Title 46 / Section 977.41
Legislative findings
Status: in_force

The legislature hereby affirms all of the following:

(1) Leading professional societies, such as the American College of Obstetricians and Gynecologists and the Society for Maternal-Fetal Medicine, and federal agencies, such as the Centers for Disease Control and Prevention, the Health Resources and Services Administration, and the Centers for Medicare and Medicaid Services, have recognized the well-established benefits of doula services.

(2) In January 2025, Louisiana was selected as one of the states to participate in the Centers for Medicare and Medicaid Services Transforming Maternal Health Model. The model is designed to focus exclusively on improving maternal healthcare for people enrolled in Medicaid and the Children's Health Insurance Program. The model supports participating state Medicaid agencies in the development of a whole-person approach to pregnancy, childbirth, and postpartum care that addresses the physical, mental health, and social needs experienced during pregnancy. The goal of the model is to reduce disparities in access and treatment. The model aims to improve outcomes and experiences for mothers and their newborns, while also reducing overall program expenditures. This model urges states to address gaps in maternal healthcare using doulas.

(3) Research has demonstrated that support from a doula is associated with lower cesarean section rates, fewer obstetric interventions, fewer complications during and after childbirth, decreased use of pain medication, shorter labor hours, and higher scores on the Appearance, Pulse, Grimace, Activity, and Respiration, or APGAR, test, which indicates how well the baby is doing outside the womb.

(4) As a state, Louisiana consistently ranks in the top five states for maternal and infant mortality and morbidity in the United States, which is indicative of a maternity healthcare crisis. It is well established that the use of doulas in maternal healthcare makes a difference in improving outcomes and lowering healthcare costs for the mother and infant.

Acts 2025, No. 228, §1.
La. Rev. Stat. § 46:977.8 — LA Code / Code revised-statutes / Title 46 / Section 977.8
Eligibility; future federal legislation
Status: in_force

The department, upon enactment by congress of legislation allowing the same, may utilize income determinations made by the Food Stamp Program, WIC, the National School Lunch Program, or the successor of any of these programs for determining income eligibility for the Louisiana Medicaid program or LaCHIP.

Acts 2007, No. 407, §1, eff. July 10, 2007; Acts 2018, No. 206, §5.
La. Rev. Stat. § 46:1098.18 — LA Code / Code revised-statutes / Title 46 / Section 1098.18
Miscellaneous
Status: in_force

Members or officers of the medical staff, employees or officers of the healthcare facilities of the district, board members, and persons who occupy management positions, or any other office whatsoever for a facility of the district or for the district may possess a property interest in or own stocks, bonds, or other securities issued by health maintenance organizations and preferred provider organizations and may refer members of these organizations to the healthcare facilities of the district.

Acts 2020, No. 365, §1, eff. June 12, 2020.
La. Rev. Stat. § 46:460.91 — LA Code / Code revised-statutes / Title 46 / Section 460.91
Claims processing data; reports to legislative committees
Status: in_force

A. The department shall produce and submit to the Joint Legislative Committee on the Budget and the House and Senate committees on health and welfare on a quarterly basis a report entitled the "Healthy Louisiana Claims Report" which conforms with the requirements of this Subpart.

B. The quarterly report shall include all of the following data on healthcare provider claims delineated by a Medicaid managed care organization including any dental Medicaid managed care organization and by provider type and shall be separately reported for both acute care and behavioral health claims:

(1) The total number of claims for which there was at least one denial at the service line level, except for hospital inpatient claims which shall be reported by the number of inpatient days paid and number of inpatient days denied.

(2) The total number of claims adjudicated in the reporting period.

(3) The total number of denied claims expressed as a percentage of the total number of claims adjudicated, except for hospital inpatient claims which shall be expressed as a percentage of the hospital inpatient days denied out of the total hospital inpatient days.

(4) The total number of adjusted claims.

(5) The total number of voided claims.

(6) The total number of claims denied as a duplicate claim.

(7) The total number of rejected claims.

(8) The average number of days from receipt of the claim by the managed care organization to the date on which the provider is paid or is notified that no payment will be made.

(9) For each managed care organization, a listing of the top five participating providers with the highest number of total denied claims that includes the number of total denied claims expressed as a ratio to all claims adjudicated. Provider information shall be de-identified.

(10) The total number of denied claims submitted to the managed care organization for reconsideration of the claim denial, excluding a reconsideration conducted pursuant to R.S. 46:460.81 et seq.

(11) The percentage of denied claims submitted to the managed care organization for reconsideration of the claim denial, excluding a reconsideration conducted pursuant to R.S. 46:460.81 et seq., that is overturned by the managed care organization.

(12) The number of denied claims submitted to the managed care organization for appeal of the claim denial.

(13) The percentage of denied claims submitted to the managed care organization for appeal of the claim denial that is overturned by the managed care organization.

(14) The total number of denied claims submitted to the managed care plan for arbitration of the claim denial.

C. The report shall include all of the following data relating to encounters:

(1) The total number of encounters submitted by each Medicaid managed care organization to the state or its designee.

(2) The total number of encounters submitted by each Medicaid managed care organization that are not accepted by the department or its designee.

D. Quarterly reports shall include all of the following information relating to case management delineated by a Medicaid managed care organization:

(1) The total number of individuals identified for case management delineated by all of the following:

(a) The method of identification used by the managed care organization.

(b) The reason identified for case management.

(c) The Louisiana Department of Health region.

(2) The total number of individuals who accepted and enrolled in case management services delineated by all of the following:

(a) The method of identification used by the managed care organization.

(b) The reason identified for case management.

(c) The tier assignment as required by the contract executed by the managed care organization and this state.

(d) The Louisiana Department of Health region.

(3) The total number of individuals identified but not enrolled in case management delineated by all of the following:

(a) Method of identification used by the managed care organization.

(b) The reason identified for case management.

(c) The Louisiana Department of Health region.

(4) The total number of individuals enrolled in case management that are women whose pregnancy has been categorized as high-risk.

(5) The total number of individuals enrolled in case management who have been diagnosed with sickle cell disease.

(6) The total number of individuals enrolled in case management who received specialized behavioral health services.

E. The quarterly reports shall include all of the following information relating to utilization management delineated by Medicaid managed care organizations:

(1) A list of all items and services that require prior authorization.

(2) The percentage of standard prior authorization requests that were approved for all items and services subject to prior authorization categorized by type of service.

(3) The percentage of standard prior authorization requests that were denied for all items and services subject to prior authorization categorized by type of service.

(4) The percentage of standard prior authorization requests that were approved after appeal for all items and services subject to prior authorization categorized by type of service.

(5) The percentage of expedited prior authorization requests that were approved for all items and services subject to prior authorization categorized by type of service.

(6) The percentage of expedited prior authorization requests that were denied for all items and services subject to prior authorization categorized by type of service.

(7) The average and median time that elapsed between the submission of a request and a determination by the managed care organization for standard prior authorizations for all items and services subject to prior authorization categorized by type of service.

(8) The average and median time that elapsed between the submission of a request and a decision by the managed care organization for expedited prior authorizations for all items and services subject to prior authorization categorized by type of service.

Acts 2018, No. 710, §1; Acts 2023, No. 233, §1, eff. Oct. 1, 2023.
La. Rev. Stat. § 46:1068.1 — LA Code / Code revised-statutes / Title 46 / Section 1068.1
Employee insurance plans; payment by hospital service districts
Status: in_force

A. Notwithstanding the provisions of R.S. 33:5151 and R.S. 42:851, a hospital service district may pay, on behalf of its directors, officers, and employees, the full cost of coverage, whether through a self-funded plan, a contract with an insurer, or otherwise, for life, health, and accident insurance.

B. A hospital service district may pay, on behalf of its directors, officers, and employees, the full cost of coverage, except for any required copayment of health care benefits, provided by a health maintenance organization.

Acts 1987, No. 753, §1.
La. Rev. Stat. § 46:2882 — LA Code / Code revised-statutes / Title 46 / Section 2882
Umbilical Cord Blood Banking Program; establishment; duties of the Louisiana Department of Health; funding
Status: in_force

A. The Umbilical Cord Blood Banking Program is hereby established within the Louisiana Department of Health to promote public awareness of the potential benefits of cord blood banking, to promote research into the uses of cord blood, and to facilitate predelivery arrangements for banking of cord blood donations.

B. The department shall:

(1) Develop a public education and outreach campaign via written materials, brochures, the Internet, and public service announcements to promote cord blood banking awareness and the benefits of cord blood banking.

(2) Develop educational materials and brochures which shall be made available to the general public and potential cord blood donors through parish health units, health care practitioners, including obstetricians, gynecologists, and pediatricians, health maintenance organizations, hospitals, walk-in medical centers, mobile care units, surgical centers, urgent care centers, and clinics and organizations serving pregnant women.

(3) Coordinate and promote professional education programs for health care providers on the benefits of cord blood banking.

(4) Establish a statewide toll-free telephone number to receive requests for information and to direct potential cord blood donors to available cord blood banks serving the area in which a potential donor resides.

(5) Promulgate rules and regulations necessary to implement the provisions of this Chapter in accordance with the Administrative Procedure Act.

C. The department shall accept and expend any grants, awards, or other funds as may be made available for the purposes of this Section. Subject to an appropriation from the legislature, the department shall implement the provisions of this Section.

Acts 2008, No. 163, §1.
La. Rev. Stat. § 46:1425 — LA Code / Code revised-statutes / Title 46 / Section 1425
Adoption services; requirements for advertising; injunctive relief; exceptions; penalties
Status: in_force

A. It shall be prohibited for an adoption facilitator, as is defined in R.S. 46:1426, to advertise for adoption services.

B. It shall be unlawful for any person other than a licensed child-placing agency or a Louisiana-based crisis pregnancy center or Louisiana-based pregnancy resource center to advertise through print or electronic media that it will adopt children or assist in the adoption of children.

C. If any person advertises in violation of this Section, the attorney general, the Department of Children and Family Services, the appropriate district attorney, or any licensed child-placing agency or a Louisiana-based crisis pregnancy center may file suit in district court according to the general rules of venue to obtain injunctive relief to restrain the person from continuing the violation.

D. Nothing in this Section shall apply to any individual licensed to practice law in this state while such individual is engaged in the practice of law or to any individual licensed to provide mental health counseling as provided in Children's Code Article 1120 and preplacement and home studies as provided in Children's Code Article 1173.

E. Anyone who violates the provisions of this Section shall be liable for all costs of any proceeding brought to enjoin such violation, including reasonable attorney fees, which shall be set by the court.

Acts 1997, No. 1070, §1; Acts 2013, No. 179, §1, eff. Jan. 1, 2014; Acts 2024, No. 362, §1.