La. Rev. Stat. § 46:2626 — LA Code / Code revised-statutes / Title 46 / Section 2626
Fees on emergency ground ambulance service providers; disposition of fees
Status: in_force

A. The Louisiana Department of Health may adopt and impose fees on emergency ground ambulance providers for healthcare services allowed under 42 CFR 433.56 provided by emergency ground ambulance providers.

B. Repealed by Acts 2023, No. 171, §1, eff. June 7, 2023.

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

D. Subject to the exceptions contained in Article VII, Section 9(A) and Article VII, Section 10.14 of the Constitution of Louisiana, all fees collected by the department pursuant to the authority granted in this Section shall be paid into the state treasury and shall be credited to the Bond Security and Redemption Fund. Out of the funds remaining in the Bond Security and Redemption Fund after a sufficient amount is allocated from that fund to pay all obligations secured by the full faith and credit of the state which become due and payable within any fiscal year, the treasurer shall, prior to placing the remaining funds in the state general fund, pay into the Emergency Ground Ambulance Service Provider Trust Fund Account, established by the treasurer, within the Louisiana Medical Assistance Trust Fund an amount equal to the total amount of the fees collected. Thereafter the secretary shall use the fees within the fund to carry out the provisions of Subsection G of this Section.

E.(1) Notwithstanding any other provision of law to the contrary, except for the first year maximum fee of one and one-half percent of the net operating revenue, the department shall not impose any new fee or increase any fee on any emergency ground ambulance service provider on or after July 1, 2016, without first obtaining either of the following:

(a) Prior approval of the specific fee amount by record vote of two-thirds of the elected members of each house of the legislature while in regular session.

(b) Written agreement of those providers subject to the fee which provide a minimum of sixty-five percent of the emergency ground ambulance transports.

(2) Any fee otherwise imposed or increased by the department on or after July 1, 2016, shall be null and of no effect.

F. Notwithstanding any provision of this Section to the contrary, the department shall adopt and promulgate, pursuant to the Administrative Procedure Act and in compliance with Article VII, Section 10.14 of the Constitution of Louisiana, a fee to be imposed pursuant to Subsection A of this Section in accordance with all of the following:

(1) The department shall calculate, levy, and collect a fee from every emergency ground ambulance service provider on each ground ambulance service allowed under 42 CFR 433.56 provided by an emergency ground ambulance provider upon the occurrence of all of the following:

(a) Implementation of the reimbursement as provided for in Subsection G of this Section.

(b) Approval from the Centers for Medicare and Medicaid Services.

(2) The department shall assess on each emergency ground ambulance service provider a percentage fee, determined at the discretion of the secretary and with the express and written mutual agreement of the emergency ground ambulance service providers subject to the assessment and which make up a minimum of sixty-five percent of all emergency ground ambulance services in the state of Louisiana. The maximum fee allowable pursuant to this Section in any year shall not exceed the percentage of net patient service revenues permitted by federal regulation pursuant to 42 CFR 433.68 as determined by the department, as reported by the provider and subject to audit for the previous fiscal year of the provider. The total amount of the assessment shall be paid by the emergency ground ambulance service provider in installments as prescribed by the secretary in conjunction with the agreement of those providers subject to the fee which provide a minimum of sixty-five percent of the emergency ground ambulance transports and shall be due from the provider within thirty days of the notification of the fee amount owed.

G. For each year in which the assessment is in effect, the department shall provide for reimbursement in accordance with all of the following:

(1) Reimbursement or payment to emergency ground ambulance service providers by any state or state-sponsored program at or above the base rates at the level which were in effect on July 1, 2022, for ground ambulance transport and related services provided pursuant to the Louisiana medical assistance program provided that funds are appropriated in the budget plus an enhancement.

(2) The legislature shall annually appropriate from the state general fund and not from the Emergency Ground Ambulance Service Provider Trust Fund Account an amount necessary to fund the state share of the base reimbursement to emergency ground ambulance service providers.

(3) Monies collected from the fees shall be appropriated by the state in accordance with Article VII, Section 10.14 of the Constitution of Louisiana as necessary for the state to maximize federal matching funds and all proceeds, including interest from the fees collected, shall be deposited in the Emergency Ground Ambulance Service Provider Trust Fund Account for application in accordance with this Subsection and any applicable state plan amendment pertaining to emergency ground ambulance service provider reimbursement or payment.

(4) The enhancement payment level shall be determined in a manner to bring the payments for these services up to any level described in any applicable state plan amendment pertaining to emergency ground ambulance service provider reimbursement or payment approved by the Centers for Medicare and Medicaid Services. The enhancement payment level shall be the difference between the reimbursement levels provided for in Paragraph (1) of this Subsection and the levels as described in any applicable state plan amendment pertaining to emergency ground ambulance service provider reimbursement or payment approved by the Centers for Medicare and Medicaid Services.

(5) Funds from the Emergency Ground Ambulance Service Provider Trust Fund Account shall be used to achieve the maximum reimbursement under federal law and appropriated to fund the reimbursement enhancements provided for in this Subsection.

H.(1) No additional assessment shall be collected and any assessment shall be terminated for the remainder of the fiscal year from the date on which any of the following occur:

(a) The reimbursements set forth in Subsection G of this Section are reduced below the base reimbursement.

(b) The amount of the reimbursement for ground ambulance services payable by any Medicaid managed care organization falls below one hundred percent of the Medicaid rate in effect at the time that the service is rendered.

(2) The treasurer shall return any monies collected after the date of termination of an assessment to the emergency ground ambulance service provider from which it was collected, including any interest collected thereon.

I. For purposes of this Section, the following definitions apply:

(1) "Ambulance service" has the same meaning as provided in R.S. 40:1131.

(2) "Average commercial rate" means the average amount payable by commercial payors for the same services as defined by any applicable state plan amendment pertaining to any emergency ground ambulance service payment or reimbursement.

(3) "Centers for Medicare and Medicaid Services" or "CMS" means the division of the United States Department of Health and Human Services which regulates the medical assistance program provided for in Title XIX of the Social Security Act.

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

(5) "Emergency ground ambulance service provider" means a nonpublic, nonfederal provider of emergency ground ambulance services.

(6) "Emergency Ground Ambulance Service Provider Trust Fund Account" or "the fund" means the fund provided for in Article VII, Section 10.14 of the Constitution of Louisiana upon the payment of fees by emergency ground ambulance service providers pursuant to this Section and to which all fees shall be paid into and utilized solely for the reimbursement to be provided to emergency ground ambulance service providers.

(7) "Net operating revenue" means the gross revenues of the emergency ground ambulance service provider for the provision of ground ambulance transportation services rendered and allowed under 42 CFR 433.56 less any deducted amounts for bad debts, charity care, and payer discounts.

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

(9) "State" means the state of Louisiana.

Acts 2016, No. 305, §1, eff. June 2, 2016; Acts 2017, No. 179, §1, eff. June 12, 2017; Acts 2018, No. 272, §§1, 2; Acts 2019, No. 299, §1; Acts 2019, No. 404, §1, eff. July 1, 2020; Acts 2022, No. 271, §5; Acts 2023, No. 171, §§1 and 2, eff. June 7, 2023.
La. Rev. Stat. § 46:1354 — LA Code / Code revised-statutes / Title 46 / Section 1354
Powers and duties of approved program or facility; alternative living arrangements
Status: in_force

A. Notwithstanding any other provision of law, an approved runaway program or facility is authorized to:

(1) Provide assistance to any runaway or homeless youth.

(2) Attempt to determine the cause for the youth's runaway or homeless status.

(3) Explain to the runaway or homeless youth the rights, options of services, or other assistance available to the youth.

(4) Work towards reuniting such runaway or homeless youth with his parent, guardian, or legal custodian as soon as practicable.

(5) Assist in arranging services for runaway or homeless youth, and where appropriate, their families, including but not limited to food, shelter, clothing, medical care, and individual and family counseling.

(6) Consent, through the director or his designee, for the delivery of medical, assessment, or social services to any runaway youth in the program or facility.

B. No state funds shall be expended on these programs or facilities.

Acts 1989, No. 803, §1, eff. July 11, 1989.
La. Rev. Stat. § 46:288.10 — LA Code / Code revised-statutes / Title 46 / Section 288.10
Rulemaking
Status: in_force

The department shall promulgate and enforce any rules and regulations as are necessary to implement the provisions of this Subpart in accordance with the Administrative Procedure Act.

Acts 2019, No. 400, §2, eff. June 19, 2019.
La. Rev. Stat. § 46:1926 — LA Code / Code revised-statutes / Title 46 / Section 1926
Delegation of authority
Status: in_force

All decisions authorized or required to be made by the department pursuant to the provisions of this Chapter, unless otherwise specifically limited in this Chapter, may be delegated by the secretary to any qualified employee of the department or, in appropriate cases, to the official in charge of a licensed residential child-caring facility or of a detention or shelter care facility.

Added by Acts 1974, No. 558, §1, emerg. eff. July 12, 1974. Amended by Acts 1978, No. 756, §6, eff. July 17, 1978.
La. Rev. Stat. § 46:1933 — LA Code / Code revised-statutes / Title 46 / Section 1933
Organization and powers
Status: in_force

A. Each juvenile detention home district shall be a political corporation, with power to sue and be sued and shall be governed by a board of governors. A multiparish juvenile detention home shall be domiciled at the parish seat in one of the parishes which it serves, as designated by the board of governors. It shall be sued at its domicile and service of all legal documents shall be made on the president or secretary of the board of governors.

B. Any multiparish juvenile detention home district may acquire title by purchase or donation to immovable property for public purposes and may own, operate, or maintain facilities for the housing, care, supervision, maintenance, and education of juveniles under the age of eighteen years, and for individuals eighteen years of age and over who were under eighteen years of age when they committed an alleged offense.

Added by Acts 1974, No. 700, §1. Amended by Acts 1975, No. 426, §1; Acts 2019, No. 104, §4; Acts 2022, No. 271, §5.
La. Rev. Stat. § 46:236.11 — LA Code / Code revised-statutes / Title 46 / Section 236.11
Louisiana disbursement unit for child support payments
Status: in_force

A. The secretary of the Department of Children and Family Services shall create a state disbursement unit for collection and disbursement of child support.

B.(1) This unit shall collect and disburse child support payments in cases being enforced by the state pursuant to this Subpart and 42 U.S.C. 654(4), and all child support orders as provided in R.S. 9:303. All applicable payments shall be sent directly to such unit by employers and payers.

(2) The provisions of this Section shall apply to child support payments made through any court. Any such court may enter into a cooperative agreement with the secretary of the Department of Children and Family Services to authorize the department to collect those support payments and administrative costs collected and distributed by the court pursuant to R.S. 46:236.5(B). The department may retain an amount equal to the actual costs incurred in collecting and distributing the child support, including administrative costs. However, such amount shall not exceed one percent of the total amount collected for the court. The department shall distribute such amounts collected pursuant to this Subsection in accordance with federal regulations.

(3) The unit shall use automated procedures to the extent feasible to ensure efficient collection and disbursement of support payments.

(4) The unit shall distribute all collections within two business days after receipt from the employer or other source, if sufficient information identifying the payee is available except in cases where a timely appeal has been filed.

NOTE: Subsection C eff. until Oct. 1, 2027. See Acts 2025, No. 477.

C. The Department of Children and Family Services support enforcement program, office of children and family services, shall administer the state disbursement unit. The support enforcement program may contract for the provision of these services in accordance with the applicable provisions of Chapter 17 of Subtitle III of Title 39 of the Louisiana Revised Statutes of 1950 and the Louisiana Procurement Code.

NOTE: Subsection C as amended by Acts 2025, No. 477, eff. Oct. 1, 2027.

C. The Department of Children and Family Services, office of child support shall administer the state disbursement unit. The support enforcement program may contract for the provision of these services in accordance with the applicable provisions of Chapter 17 of Subtitle III of Title 39 of the Louisiana Revised Statutes of 1950 and the Louisiana Procurement Code.

Acts 1997, No. 1121, §2, eff. Oct. 1, 1998; Acts 1999, No. 562, §1, eff. Oct. 1, 1999; Acts 2014, No. 864, §§4 and 5; Acts 2025, No. 477, §15, eff. Oct. 1, 2027.
La. Rev. Stat. § 46:113 — LA Code / Code revised-statutes / Title 46 / Section 113
Reports
Status: in_force

Each parish department shall report to the state department at such times and in such manner as said state department may require or prescribe.

The state department shall make such reports, in such form and containing such information as the Social Security Board of the United States may from time to time require and comply with such provisions as the social security board may from time to time find necessary to assure the correctness and verification of the reports.

Amended by Acts 1979, No. 769, §3.
La. Rev. Stat. § 46:234.1 — LA Code / Code revised-statutes / Title 46 / Section 234.1
Disposition of undeliverable assistance checks
Status: in_force

Assistance checks representing bonus amounts paid pursuant to 42 U.S.C. 657 and such checks representing refunds paid pursuant to 42 U.S.C. 657 in those cases in which the payee of such checks cannot be found, shall revert to the state and federal treasuries in proportion to the rate of state-federal match applicable to the assistance program. Such amounts will revert to the government only after sixty days have elapsed since the date such checks became invalid and a diligent search by the agency administering the assistance program has failed to ascertain the whereabouts of the payee.

Added by Acts 1978, No. 553, §1, eff. July 12, 1978; Acts 2018, No. 206, §5.
La. Rev. Stat. § 46:1415 — LA Code / Code revised-statutes / Title 46 / Section 1415
Facilities and agencies subject to regulation; exemptions
Status: in_force

A. All specialized providers shall be subject to the provisions of this Chapter. However, all care given without charge, shall be exempt from such provisions.

B. Nothing in this Chapter shall apply to facilities licensed by the Louisiana Department of Health or the Department of Education.

Acts 1985, No. 286, §1; Acts 1987, No. 189, §1; Acts 2013, No. 179, §1, eff. Jan. 1, 2014; Acts 2014, No. 868, §5, eff. Oct. 1, 2014.
La. Rev. Stat. § 46:332 — LA Code / Code revised-statutes / Title 46 / Section 332
Supplemental Nutrition Assistance Program work requirements; restriction on waivers and exemptions
Status: in_force

A. Unless expressly required by federal law, the Louisiana Department of Health shall not seek, apply for, accept, or renew any waiver of work requirements established by the Supplemental Nutrition Assistance Program under 7 U.S.C. 2015(o).

B. The Louisiana Department of Health shall not exercise the state's option to provide any exemptions from the work requirement under 7 U.S.C. 2015(o)(6)(F).

Acts 2024, No. 308, §1, eff. May 28, 2024; Acts 2025, No. 478, §12, eff. Oct. 1, 2025.
La. Rev. Stat. § 46:977 — LA Code / Code revised-statutes / Title 46 / Section 977
Vaccinations for certain juveniles in state custody
Status: in_force

The office of public health shall be responsible for providing and dispensing the hepatitis B vaccine, through the Vaccines for Children Program, to children between the ages of twelve and nineteen who have been placed in the custody of the division of youth services of the Department of Public Safety and Corrections.

Acts 2004, No. 624, §1; Acts 2022, No. 271, §5.
La. Rev. Stat. § 46:236.1.4 — LA Code / Code revised-statutes / Title 46 / Section 236.1.4
Family and child support programs; financial institution duties; responsibilities
Status: in_force

A. A financial institution shall provide the name, record address, social security number or other taxpayer identification number, other identifying information and an average daily account balance for the most recent thirty-day period for each calendar quarter for each noncustodial parent who maintains an account at such institution and who owes past due support. A financial institution may provide the information described in this Subsection pertaining to any co-owner listed on the applicable account.

B.(1) For the purposes of this Subsection, the following definitions shall apply:

(a) "Financial institution" shall have the meaning ascribed in R.S. 46:236.1.1.

(b) "Title IV-D agency" shall mean an agency that administers child support programs pursuant to Title IV-D of the Social Security Act of 1975.

(2) In response to a notice of lien or levy, a financial institution shall encumber or surrender assets held by such institution on behalf of the noncustodial parent who is subject to a child support lien pursuant to 42 U.S.C. 666(a)(4). The state shall recognize the authority of Title IV-D agencies in other states to enforce all child support matters if the provisions of this Subsection are met.

(3) Any Title IV-D agency may enforce a lien in this state by attaching and seizing of assets of the delinquent obligor held in a financial institution operating in Louisiana without the necessity of obtaining an order from any other judicial or administrative tribunal if the financial institution is presented with a properly documented request. To be properly documented and valid, such request shall contain all of the following:

(a) A certified copy of the judgment or administrative order issued by the appropriate legal authority establishing the lien.

(b) A letter or notice of lien or levy which includes all of the following information:

(i) The name of the Title IV-D agency responsible for making the request for attachment and seizure of assets.

(ii) The name of the Title IV-D agency representative responsible for making the request for attachment and seizure of assets.

(iii) The name of the financial institution to whom the request for attachment and seizure is directed.

(iv) The name and social security number of the obligor against whom the lien is sought to be enforced.

(v) The name and address of the Title IV-D agency to whom the financial institution is to remit the seized assets or deposits.

(vi) A statement confirming that a copy of the request for attachment and seizure of assets or deposits was sent to the obligor by certified mail with return receipt requested.

(4) To transmit a request prepared in accordance with the provisions of this Subsection, a Title IV-D agency shall send the request by certified mail with return receipt requested to all of the following:

(a) A financial institution through its registered agent as defined in R.S. 6:285(C).

(b) The obligor against whom the lien is sought to be enforced.

(5) If, after fifteen days from the date that a financial institution receives a request which conforms with the provisions of this Subpart, the person against whom the lien is sought has not provided written notice stating that he has taken legal action to enjoin or otherwise restrain compliance with the request, then the financial institution may remit funds or other assets to the Title IV-D agency making the request.

(6) No financial institution, including its directors, officers, employees, attorneys, accountants, or other agents, shall incur liability to any person, including any depositor or other customer, as a result of remitting deposits or other assets to a Title IV-D agency in compliance with a request that conforms to the provisions of this Subsection.

C. The Department of Children and Family Services may pay a reasonable reimbursement fee to a financial institution for conducting the data match, not to exceed the actual costs incurred by such financial institution. The reimbursement fee may be paid quarterly or annually at the end of the state fiscal year upon request of any financial institution.

D. A financial institution, including any of its directors, officers, employees, attorneys, accountants, or other agents, shall not be civilly or criminally liable to any person, including any customer, for any disclosure of information made in accordance with this Subpart, including any disclosure of account balances provided in cooperation with this Subpart since July 1, 1997, or for encumbering or surrendering assets in response to a notice of lien or levy made in compliance with or authorized by the provisions of this Subpart. However, if the financial institution actually receives written notice that the customer has taken legal action to enjoin or otherwise restrain the encumbering or surrendering of assets and the financial institution receives such written notice sufficiently in advance of the encumbrance or surrender so as to allow the financial institution a reasonable time to act on said notice, then the financial institution shall postpone the encumbrance or surrender until such time as it is provided with satisfactory evidence that the encumbrance or surrender by it is permitted.

NOTE: Subsection E eff. until Oct. 1, 2027. See Acts 2025, No. 477.

E. The office of children and family services, child support enforcement section, which obtains data match information on an individual from a financial institution pursuant to this Subpart may disclose such data match information only for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation of such individual.

NOTE: Subsection E as amended by Acts 2025, No. 477, eff. Oct. 1, 2027.

E. The office of child support which obtains data match information on an individual from a financial institution pursuant to this Subpart may disclose such data match information only for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation of such individual.

F. If any state employee or any person working under a contract with the state knowingly, or by reason of negligence, discloses data match information of an individual in violation of any provision of this Subpart, such individual may bring a civil action for damages against such person in any district court of this state.

G. No liability shall arise under this Subpart with respect to any disclosure which results from a good faith, but erroneous, interpretation of this Subpart except in cases of gross negligence; however, nothing in this Subsection shall be interpreted contrary to federal law.

H. In any action brought under this Subpart, upon a finding of liability on the part of the defendant, the defendant shall be liable to the plaintiff in an amount equal to the sum of the greater of one thousand dollars for each act of unauthorized disclosure of data match information with respect to which such defendant is found liable; or the sum of the actual damages sustained by the plaintiff as a result of such unauthorized disclosure. In the case of a willful disclosure or a disclosure which is the result of gross negligence, the defendant shall be liable for punitive damages and all costs and attorney fees.

I. The violation of the provisions of this Subpart shall be unlawful and any person convicted of violating the provisions of this Subpart shall be guilty of a misdemeanor and shall pay a fine of not more than five hundred dollars or be sentenced to not more than six months in prison, or both.

Acts 2003, No. 639, §2, eff. June 27, 2003; Acts 2003, No. 1068, §2, eff. July 2, 2003; Acts 2010, No. 272, §1; Acts 2010, No. 272, §1; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2012, No. 255, §7; Acts 2015, No. 215, §2; Acts 2025, No. 477, §15, eff. Oct. 1, 2027.
La. Rev. Stat. § 46:2404 — LA Code / Code revised-statutes / Title 46 / Section 2404
Louisiana Children's Trust Fund Board; created; membership
Status: in_force

A. There is hereby established the Louisiana Children's Trust Fund Board within the office, which shall serve as a subcommittee of the Children's Cabinet.

B.(1) The Louisiana Children's Trust Fund Board shall be composed of fifteen members as follows:

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

(b) The assistant secretary of child welfare of the Department of Children and Family Services, or his designee.

(c) The assistant secretary of the office of juvenile justice of the Department of Public Safety and Corrections, or his designee.

(d) A representative of each of the following, appointed by the governor, subject to Senate confirmation:

(i) The Department of Education.

(ii) The religious community.

(iii) The university community.

(iv) The early childhood community.

(e) One member appointed by the governor, subject to Senate confirmation, from each of eight lists of three names, one such list to be submitted by each of the following:

(i) The Louisiana State Medical Society.

(ii) The Louisiana Council of Juvenile and Family Court Judges.

(iii) The Louisiana State Bar Association.

(iv) The Louisiana Chapter of the National Association of Social Workers.

(v) The Louisiana Association of Chamber of Commerce Executives.

(vi) The Louisiana Psychological Association.

(vii) The Louisiana State Conference of the National Association for the Advancement of Colored People.

(viii) The National Business League, New Orleans Chapter.

(2) In making his appointments as provided in this Subsection, the governor shall provide for geographic representation of all areas of the state and for representation of minority groups.

C. The terms of office of appointed members of the board shall be four years, except that the governor shall appoint the original members as follows: seven members for a term of four years and six members for a term of two years. A vacancy shall be filled by appointment for the remainder of the unexpired term.

D.(1) The board shall meet and organize immediately after appointment of the members and shall elect from its membership a chairman and such other officers as it deems necessary whose duties shall be those customarily exercised by such officers. The director of the board shall serve as secretary of the board. The board shall adopt rules for the transaction of its business and shall keep a record of its resolutions, transactions, findings, and determinations. A majority of the individuals appointed to the board shall constitute a quorum. Members shall serve without compensation but shall be reimbursed for travel expenses incurred in attendance at meetings of the board.

(2) The treasurer shall keep full and accurate financial records, make periodic reports to the board, and shall submit a complete annual report, in writing, to the board. The board shall not authorize reports and recommendations which include the issue, publication, or distribution of general information documents or pamphlets, which are published on a regular basis and are generally known as newsletters.

E. The board shall meet at least once in each quarter of the fiscal year, and as often thereafter as shall be deemed necessary by the chairman.

F. The domicile of the board shall be East Baton Rouge Parish.

G. The board shall make recommendations to the Children's Cabinet on the following:

(1) Rules and regulations necessary to implement the provisions of this Chapter.

(2) The comprehensive state plan for child abuse prevention, as provided in R.S. 46:2406 and funded through the Children's Trust Dedicated Fund Account.

(3) Funding amounts of grant proposals from the account for child abuse and neglect prevention programs as provided in R.S. 46:2407.

(4) Budget requests for the board that if approved by the cabinet shall be presented by the executive director of the cabinet to the office of the governor and the executive budget office.

(5) The development and quality of services and child abuse prevention programs funded through the Children's Trust Dedicated Fund Account.

H. The board shall prepare and submit to the cabinet for review an annual report regarding the status of the account that, once approved by the cabinet, shall be submitted to the legislature sixty days prior to each regular legislative session.

Acts 1987, No. 932, §1, eff. July 20, 1987; Acts 1988, No. 698, §1, eff July 15, 1988; Acts 1992, No. 297, §5; Acts 1999, No. 799, §1, eff. July 2, 1999; Acts 2008, No. 565, §7; Acts 2017, No. 237, §2; Acts 2021, No. 114, §18, eff. July 1, 2022.

NOTE: See Acts 1988, No. 698, §2.
La. Rev. Stat. § 46:1653 — LA Code / Code revised-statutes / Title 46 / Section 1653
Investigations and reports
Status: in_force

The Board of Parole, upon request of the Governor, may make investigations and reports to assist the Governor in making decisions relative to granting pardons and reprieves.

Added by Acts 1960, No. 374, §3.
La. Rev. Stat. § 46:1910 — LA Code / Code revised-statutes / Title 46 / Section 1910
Coordination of services
Status: in_force

The department shall coordinate all services relating to the provisions of this Chapter and provide:

(1) Institutional services consisting of the management and operation of state institutions providing treatment for delinquents and children in need of supervision.

(2) Field services which shall include but not be limited to providing probation and parole services, and the development of residential treatment plans.

(3) Community services which shall include but not be limited to developing programs concerned with delinquency prevention, community-based treatment, and constructive communications with law enforcement agencies.

Added by Acts 1974, No. 558, §1, emerg. eff. July 12, 1974. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978. Acts 1986, No. 332, §1.
La. Rev. Stat. § 46:2604 — LA Code / Code revised-statutes / Title 46 / Section 2604
Children's budget; preparation and submission
Status: in_force

A. In adopting the children's budget annually, the cabinet shall hold such hearings and solicit and review such information and recommendations from affected agencies, including those represented on the Children's Cabinet, and programs and other sources as it shall find necessary. To the extent possible, the cabinet shall seek to establish agreement among and support by the affected agencies and programs with respect to the children's budget.

B. In reviewing the annual children's budget recommendations, the executive departments, agencies, and cabinet shall adhere, to the extent possible and reasonable, to the policy priorities as recommended to the Children's Cabinet by the Children's Cabinet Advisory Board that are considered, amended or adopted by the Cabinet.

C.(1) The division of administration shall create and update the Early Childhood System Integration Budget herein referred to as ECSIB. This ECSIB shall support and inform the work of the BrightStart initiative, Louisiana's commitment to young children ages zero to five with the goal to develop service systems integration and partnerships to enhance children's ability to enter school healthy and ready to learn.

(2) The ECSIB shall provide information needed to make informed decisions about Louisiana's early childhood systems. Specifically, the ECSIB shall assist policymakers to:

(a) Understand the amount and purpose of current spending on young children and trends over time, including how dollars are allocated to services and programs for young children and their families and the source of these funds.

(b) Identify gaps and unnecessary or duplicative spending.

(c) Nurture collaboration and partnerships among state entities pursuing similar goals or program objectives.

(d) Identify opportunities to increase investments in prevention and early intervention, as well as to blend and braid funds.

(e) Guide private sector spending for child and family services and supports.

(f) Determine the trend in spending for early childhood efforts.

(g) Determine how money is being allocated and spent in a manner consistent with stated early childhood goals.

(h) Design results-based accountability projects that align strategic plans, fiscal analyses, and desired early childhood outcomes.

(i) Identify opportunities to secure unmatched federal funding.

(3) The ECSIB shall not be organized by department but rather by one of the four early childhood system components:

(a) Access to health care.

(b) Social-emotional development and mental health.

(c) Early care and education.

(d) Family support and parenting education.

(4) Program and activity data from the children's budget shall be entered into one of the early childhood system component areas. Each budget item shall include the department and agency responsible for the program. The cabinet shall coordinate with the office of planning and budget in the division of administration to track changes in the children's budget throughout the fiscal year.

D. The governor's executive budget shall include the governor's recommended children's budget which shall be a compilation and listing of the recommended budgets contained in the various schedules of the executive budget for all departments, agencies, programs, and activities for children and their families.

E. The General Appropriation Act enacted by the legislature shall include the children's budget. This shall be a separate section of the Act which shall include a compilation and listing of all appropriations contained in the various schedules and appropriations in the Act which are for services and programs for children and their families as well as the cost estimates of all nonappropriated elements of the budget.

F. The cabinet will coordinate with the office of planning and budget in the division of administration to track changes in the children's budget throughout the fiscal year. The office of planning and budget in the division of administration shall designate an analyst with the responsibility to the children's budget.

G. The executive director of the Children's Cabinet will present the children's budget to the House Appropriations Committee and the Senate Finance Committee during their review of the General Appropriation Bill.

Acts 1992, No. 971, §2; Acts 1998, 1st Ex. Sess., No. 5, §§2, 3, eff. April 24, 1998; Acts 2003, No. 245, §1, eff. June 5, 2003; Acts 2003, No. 1225, §6; Acts 2008, No. 774, §1.
La. Rev. Stat. § 46:976 — LA Code / Code revised-statutes / Title 46 / Section 976
Children's Health Insurance Program; criteria for implementation
Status: in_force

A. In accordance with the authority granted the Louisiana Department of Health pursuant to R.S. 36:254(A)(6) and (D)(1)(a)(i) and pursuant to the restrictions contained in Subsection B of this Section, the department shall avail itself of federal funding under the Children's Health Insurance Program (Title XXI of the Social Security Act) only if the following criteria are met:

(1) If sufficient funds are appropriated, at a minimum, the department shall grant a reasonable fee increase of at least ten percent for physician's reimbursement codes 99212, 99213, and 99214. The department shall investigate the need for other adjustments to physician's reimbursement codes in order to increase the number of participating providers serving the Medicaid population.

(2) The department shall make recommendations to the legislature in regard to policy issues involved in reducing the number of primary care health professional shortage areas in the state.

(3) The department shall take the following steps to simplify the enrollment process for children:

(a) Significantly reduce the size of the application form for children who seek to qualify for Medicaid on the basis of family income level.

(b) Distribute the application form at various strategic locations, including but not limited to hospitals and other health facilities.

(c) Distribute information as to how to apply for Medicaid services and where to obtain an application form at various strategic locations, including but not limited to healthcare facilities, schools, community centers, churches, and grocery stores.

(d) Authorize an application to be mailed to the department.

(4) The department shall authorize one-year continuous eligibility for children, birth until age nineteen, in accordance with federal guidelines.

(5)(a) The department shall expand Medicaid eligibility for children, birth until age nineteen, in families whose income does not exceed one hundred thirty-three percent of the applicable federal poverty guideline as published in the Federal Register by the United States Department of Health and Human Services.

(b) After July 1, 1999, the department shall expand Medicaid eligibility for children, birth until age nineteen, in families whose income does not exceed one hundred fifty percent of the applicable federal poverty guideline as published in the Federal Register by the United States Department of Health and Human Services.

(c) After July 1, 2000, the department shall expand eligibility for children, birth until age nineteen, in families whose income does not exceed two hundred percent of the applicable federal poverty guideline as published in the Federal Register by the United States Department of Health and Human Services.

(d)(i) After July 1, 2001, the department shall apply to the Centers for Medicare and Medicaid Services, United States Department of Health and Human Services, for authority to implement appropriate waivers or demonstration projects to expand eligibility under the Children's Health Insurance Program for parents of children who are enrolled in the state's Children's Health Insurance Program or Medicaid whose family income does not exceed one hundred percent of the applicable federal poverty guideline as published in the Federal Register by the United States Department of Health and Human Services, and for pregnant women whose family income is greater than one hundred eighty-five percent of the applicable federal poverty guideline but does not exceed two hundred percent of the applicable federal poverty guideline.

(ii) As used in this Subparagraph, the term "parent" shall mean the child's mother and legal father with whom the child resides and who exercise daily responsibility for care and control of the child, and shall include adoptive parents who have been legally granted a decree of adoption, but shall not include step-parents or parents who share custody but do not reside with the child the majority of the time.

(iii) However, the provisions of this Subparagraph shall not be implemented by the department until such time as funding and performance standards, including a specified target for enrollment, for the program are specifically provided for in the General Appropriation Act for any fiscal year. The date for such implementation shall be as provided by the General Appropriation Act, or if no date is specified, no later than the first day of January in the fiscal year for which the appropriation is made, contingent upon approval of the waivers or demonstration projects by the Centers for Medicare and Medicaid Services, United States Department of Health and Human Services. In addition, the initial implementation of this Subparagraph shall be contingent upon approval of an implementation plan containing cost projections for at least three years which shall be submitted by the department to the Senate Committee on Health and Welfare, the House Committee on Health and Welfare, and the Joint Legislative Committee on the Budget.

B.(1)(a) Subparagraph (A)(5)(a) of this Section shall not be implemented by the department unless funding and performance standards, including a specified target for enrollment, for the state's Children's Health Insurance Program, hereafter referred to as "LaCHIP", are specifically included in the General Appropriation Act enacted during the 1998 Regular Session of the Louisiana Legislature. The department shall implement LaCHIP on the date set forth in the General Appropriation Act or if no date is specified, no later than October 1, 1998.

(b) Subparagraph (A)(5)(b) of this Section shall not be implemented by the department unless funding and performance standards, including a specified target for enrollment, for the program are specifically included in the General Appropriation Act enacted during the 1999 Regular Session of the Louisiana Legislature. The department shall implement Subparagraph (A)(5)(b) of this Section on the date set forth in the General Appropriation Act enacted during the 1999 Regular Session of the Louisiana Legislature or, if no date is specified, not later than October 1, 1999.

(c) Subparagraph (A)(5)(c) of this Section shall not be implemented by the department unless funding and performance standards, including a specified target for enrollment, for the program are specifically included in the General Appropriation Act enacted during the 2000 Regular Session of the Louisiana Legislature. The department shall implement Subparagraph (A)(5)(c) of this Section on the date set forth in the General Appropriation Act enacted during the 2000 Regular Session of the Louisiana Legislature or, if no date is specified, not later than October 1, 2000. The Senate Committee on Health and Welfare, the Senate Committee on Finance, the House Committee on Health and Welfare, and the House Committee on Appropriations, in consultation with the department, the Department of Insurance, and the Louisiana Children's Health Insurance Program Task Force shall determine whether Subparagraph (A)(5)(c) of this Section shall be implemented through an expansion of Medicaid eligibility or through the use of a private health insurance model.

(2) No later than December 1, 1999, the department shall establish an interagency agreement with the Department of Insurance regarding the Department of Insurance's responsibilities should a private health insurance model be included under the Louisiana Children's Health Insurance Program. The interagency agreement shall include at a minimum, the following:

(a) A provision authorizing the Department of Insurance to administer all regulatory requirements related to insurance companies who participate in the private insurance model as it relates to LaCHIP.

(b) A provision authorizing the Department of Insurance to develop the necessary criteria for participation by insurance companies in the private insurance model in accordance with state and federal insurance laws and regulations.

(c) A provision authorizing the Department of Insurance to establish an insurance credentialing process for use in the private insurance model.

(d) A provision authorizing the Department of Insurance to create the necessary monitoring procedures for insurance companies and administer them.

(e) A provision authorizing the Department of Insurance to administer sanctions against insurance companies who are found to be in violation of any state and federal insurance laws and regulations.

(f) A provision authorizing the Department of Insurance to administer a statewide standardized grievance and appeals process for the private insurance model.

(g) A provision authorizing the Department of Insurance to review and provide oversight in any grievance procedure between the insurance company and the applicants and participants in the private insurance model.

(3) Any private health insurance model implemented pursuant to the State Children's Health Insurance Program (Title XXI of the Social Security Act) shall at a minimum include the following features:

(a) Organize school children's groups to formulate the provision of preventive health services and comprehensive health coverage to children under the private insurance model, and where practicable, establish cooperative agreements with the Department of Education to facilitate school based enrollment of eligible children into the private insurance model.

(b) Require all insurance providers participating in the private insurance model to collect payments or premiums from participants on a sliding scale basis and in accordance with any applicable state and federal regulations in order to provide for payment for healthcare services or premiums for comprehensive insurance coverage.

(c) Establish, with consultation from appropriate professional organizations, standards for preventive health services and providers, and comprehensive insurance benefits appropriate to children and their family members.

(d) Establish eligibility criteria which children and their family members must meet in order to participate in the private insurance model.

(e) Establish procedures under which applicants to and participants in the private insurance model may have grievances reviewed by the commissioner of insurance.

(f) Establish participation criteria and, if appropriate, contract with an authorized insurer, health maintenance organization, or insurance administrator to provide administrative services to the private insurance model.

(g) Develop and implement a plan to publicize the private insurance model, the eligibility requirements of the private insurance model, and to maintain public awareness of the private insurance model.

C. Beginning January 1, 1999, and semiannually thereafter, the department shall submit the following information to the Joint Legislative Committee on the Budget and to the Senate and House committees on health and welfare:

(1) A status on LaCHIP implementation, including the number of new enrollees, the estimated cost of the Medicaid expansion due to LaCHIP, the cost reduction to the state as a result of instituting LaCHIP as opposed to a Medicaid expansion under Title XIX, and any other information the department deems pertinent to LaCHIP.

(2) A report relative to the impact of the physician fee increase required by Paragraph (A)(1) of this Section, including both the fiscal impact to the state and the effect on the number of participating providers.

(3) Recommendations for expanding LaCHIP or any other recommendations relative to the requirements of this Section.

D. The provisions of this Section shall not prohibit the department from exercising any and all authorities and responsibilities granted to the department under the Medical Assistance Program (Title XIX of the Social Security Act) in the event such authorities and responsibilities are concurrent with the provisions of this Section.

E. Any rules or regulations adopted under the provisions of this Section shall be promulgated under the Administrative Procedure Act. Any rules or regulations adopted pursuant to the private health insurance model shall be subject to review by the House Committee on Health and Welfare, the Senate Committee on Health and Welfare, the House Committee on Insurance, and the Senate Committee on Insurance.

Acts 1998, 1st Ex. Sess., No. 128, §2, eff. May 5, 1998; Acts 1999, No. 1197, §§1, 2, eff. July 9, 1999; Acts 2001, No. 1027, §1, eff. June 27, 2001; Acts 2018, No. 206, §5.
La. Rev. Stat. § 46:231.13 — LA Code / Code revised-statutes / Title 46 / Section 231.13
Retailer fees for access to cash assistance benefits
Status: in_force

Retailers participating in the cash assistance electronic benefits transfer system are not prohibited from charging or assessing a fee against cash assistance recipients who are accessing benefits for the sole purpose of obtaining cash. Such fee shall not exceed the retailer's normal and customary check cashing fee assessed against the general public. Retailers shall not establish maximum limits for recipient access to cash assistance benefits.

Acts 1997, No. 1155, §1, eff. July 1, 1997.
La. Rev. Stat. § 46:2756 — LA Code / Code revised-statutes / Title 46 / Section 2756
Reports; recommendations
Status: in_force

The commission shall report to the legislature and the governor with respect to the findings of such studies, reviews, and analysis as it may undertake. The commission shall submit its initial report prior to the 2004 Regular Session of the Legislature, annual reports prior to each regular session of the legislature, and at such other times as it shall deem appropriate.

Acts 2003, No. 1225, §5; Acts 2020, 2 nd Ex. Sess., No. 28, §1, eff. Oct. 28, 2020.
La. Rev. Stat. § 46:153 — LA Code / Code revised-statutes / Title 46 / Section 153
Medical assistance; estate recovery program
Status: in_force

A. Medical assistance in the form of payment for medical care, including medical insurance in advance of the medical care, to the extent and under such conditions as federal matching funds can be obtained under the provisions of the federal Social Security Act, may be provided under rules and regulations of the Louisiana Department of Health to any person who:

(1) Meets the requirements for public assistance, or

(2) Does not meet the requirements for public assistance, but whose income and resources are not sufficient to meet his medical needs, and

(a) Is a resident of the state, or

(b) A resident of the state needing medical care as may be required or permitted under the provisions of the federal Social Security Act for federal matching purposes.

B. All certifications of eligibility for hospital care, either in a public or a private hospital or for any type of medical vendor payments by the department, shall be subject to the provisions in the first and fourth paragraphs of R.S. 46:56.

C. Except to the extent that the responsibility for payment for medical care of certain persons is transferred to the department in Subsection A of this Section and the pertinent rules and regulations subsequently adopted, the care and treatment of medically indigent persons shall remain the responsibility of the various charity hospitals of this state as provided by existing law.

D. The responsibility for payment for medical and hospital care, as provided in this Section, shall remain in effect until such time as any or all of these responsibilities shall be vested by law in some other agency of the state or federal government.

E. By applying for, and subsequently becoming eligible to receive, or by accepting medical assistance under provisions of this Section, the applicant or recipient shall be deemed to have made an assignment to the department of his right to any hospitalization, accident, medical, or health benefits owed to applicant or recipient by any third party, as well as rights to such benefits or medical support payments owed by any third party to applicant's or recipient's children or any other person for whom applicant or recipient has legal authority to execute such an assignment.

F. The Louisiana Department of Health shall implement an expedited Medicaid eligibility review program for persons diagnosed as having acquired immune deficiency syndrome (AIDS). If a preliminary review indicates a preponderance of evidence for presumptive Medicaid eligibility, then full, temporary Medicaid coverage for the person with AIDS shall be extended immediately and shall continue until such time as the final Medicaid application either is denied or until permanent eligibility is established and full, permanent coverage commences. If a final determination of ineligibility is made, the person with AIDS shall reimburse the department for funds expended on his behalf by the department during the period of temporary Medicaid coverage. The department shall promulgate rules as necessary for the implementation of this Subsection.

G. Repealed by Acts 2003, No. 226, §2.

H. The Louisiana Department of Health shall not lose its rights to recover the assistance payments and medical expenses the department has paid or is obligated to pay on behalf of an injured, ill, or deceased person in connection with said injury, illness, or death if the department does not intervene or file its own cause of action or take any other action allowed pursuant to the assignment of rights provision of Subsection E of this Section, or R.S. 46:446.

Added by Acts 1961, No. 16, §1. Amended by Acts 1966, No. 9, §1; Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1980, No. 255, §1; Acts 1988, No. 674, §1; Acts 1995, No. 1190, §1; Acts 1999, No. 1118, §1; Acts 2003, No. 226, §2; Acts 2003, No. 1208, §1; Acts 2018, No. 206, §5.
La. Rev. Stat. § 46:355 — LA Code / Code revised-statutes / Title 46 / Section 355
Reporting
Status: in_force

No later than twelve months after commencement of the initiative, and at least annually thereafter, the state partners, jointly, shall submit a written report providing a summary and evaluation of outcomes of the initiative to the advisory board, the House and Senate committees on labor and industrial relations, and the House and Senate committees on health and welfare.

Acts 2018, No. 271, §1; Acts 2022, No. 506, §1, eff. June 16, 2022.
La. Rev. Stat. § 46:2183 — LA Code / Code revised-statutes / Title 46 / Section 2183
Protection from sexual assault; temporary restraining order
Status: in_force

A. A victim of sexual assault as defined by R.S. 46:2184, perpetrated by a person who is either unknown to the victim or who is an acquaintance of the victim, shall be eligible to receive all services, benefits, and other forms of assistance provided by Chapter 28 of this Title.

B. For persons who are eligible, under the provisions of this Chapter, to seek a temporary restraining order pursuant to the provisions of R.S. 46:2135, a showing that the person is or has been a victim of sexual assault shall constitute good cause for purposes of obtaining a temporary restraining order in an ex parte proceeding.

Acts 2015, No. 242, §3.
La. Rev. Stat. § 46:2121 — LA Code / Code revised-statutes / Title 46 / Section 2121
Statement of purpose
Status: in_force

A. The legislature hereby finds and declares that there is a present and growing need to develop innovative strategies and services which will reduce and treat the trauma of family violence. Available studies documenting police statistics indicate that thousands of persons in this state are regularly beaten, tortured, and, in many cases, killed by spouses or persons with whom they are living in a primary relationship. These studies further indicate that victims of family violence come from all socioeconomic classes and ethnic groups, though it is the poor who suffer most from family violence, since it is less likely that they have immediate access to private counseling and shelter for themselves and their children. Children, though often not physically assaulted, suffer deep and lasting emotional effects, and it is most often the children of those parents who commit family violence that perpetuate the cycle by abusing their spouses.

B. The legislature further finds and declares that there is a high incidence of deaths and injuries sustained by law enforcement officers in the handling of domestic disturbances. A definite correlation between family violence and marital homicide has been established, yet police arrests for family violence are low, and victims are reluctant to press charges. Furthermore, instances of family violence are considered to be the single most unreported crime in the state.

C. It is the intention of the legislature to achieve a reduction in serious and fatal injuries to the victims of family violence and to clarify the problems, causes, and remediation of family violence by providing the necessary services including shelter, counseling, and referrals to social services, medical care, and legal assistance in the form of a family violence center.

Added by Acts 1979, No. 746, §1; Acts 2018, No. 206, §5.
La. Rev. Stat. § 46:2741 — LA Code / Code revised-statutes / Title 46 / Section 2741
Legislative findings and purpose
Status: in_force

A.(1) The current methodology for reimbursement of services to Medicaid recipients provided by nursing homes was implemented in 1984 prior to major changes in federal laws relative to nursing home staffing, provision of patient care, enforcement, and regulatory requirements.

(2) The current methodology did not anticipate changes in Medicare and other health insurance programs that have resulted in patients with more complex medical problems being discharged to nursing homes.

(3) The current methodology provides a disincentive for capital formation to maintain and update physical plants of nursing homes and provides a disincentive to admit patients with high care needs.

(4) The legislature finds that a number of state Medicaid programs have adopted case mix reimbursement systems which factor into nursing homes' rates the care level and resource needs of the patients receiving services.

(5) The legislature further finds that a rental system for reimbursing capital costs would encourage investment in the renovation and replacement of nursing homes, creating a more homelike environment and better quality of life for the patients.

B. The purpose of this Chapter is to change the reimbursement methodology for nursing homes' services reimbursed through the Medicaid program to ensure that nursing homes are paid a rate that is reasonable and adequate.

Acts 2001, No. 694, §1, eff. July 1, 2001; Acts 2022, No. 271, §5.
La. Rev. Stat. § 46:1606 — LA Code / Code revised-statutes / Title 46 / Section 1606
Annual appropriation
Status: in_force

NOTE: Subsection A and Paragraph (B)(1) eff. until an Act of the Louisiana Legislature containing a specific appropriation of monies for the implementation of Act 348 of the 2025 Regular Session becomes effective. See Acts 2025, No. 348.

A. The legislature shall appropriate to the office of elderly affairs, for distribution by the executive director of the office to the various voluntary parish councils on aging, funds sufficient to allocate to each parish council two dollars and fifty cents for each person sixty years or older who is a resident of the parish as shown by the latest official census estimate or one hundred thousand dollars, whichever is greater. The office of elderly affairs shall include funds in their annual budget request for increases in funding based on the number of elderly as estimated in the above census. Notwithstanding the foregoing, such total annual appropriation shall be for a minimum of six million nine hundred thousand dollars.

B.(1) Funds appropriated by the legislature pursuant to Subsection A of this Section shall be distributed by the executive director of the office of elderly affairs and shall be allocated to each parish council in an amount equal to two dollars and fifty cents for each resident of the parish age sixty years or older, as shown by the latest official estimate approved by the United States Bureau of the Census, or one hundred thousand dollars, whichever is greater. The sums so allocated shall be distributed quarterly during the first thirty days of each quarter of the fiscal year. In appropriating funds pursuant to this Section, the legislature shall specifically provide for the allocation of funds to the respective parish councils in accordance with the provisions of this Section.

NOTE: Subsection A and Paragraph (B)(1) eff. upon an Act of the Louisiana Legislature containing a specific appropriation of monies for the implementation of Act 348 of the 2025 Regular Session becomes effective. See Acts 2025, No. 348.

A. The legislature shall appropriate to the office of elderly affairs, for distribution by the executive director of the office to the various voluntary parish councils on aging, funds sufficient to allocate to each parish council four dollars for each person sixty years or older who is a resident of the parish as shown by the latest official census estimate or one hundred fifty thousand dollars, whichever is greater. The office of elderly affairs shall include funds in their annual budget request for increases in funding based on the number of elderly as estimated in the above census. Notwithstanding the foregoing, such total annual appropriation shall be for a minimum of ten million four hundred ninety-four thousand two hundred thirty-eight dollars.

B.(1) Funds appropriated by the legislature pursuant to Subsection A of this Section shall be distributed by the executive director of the office of elderly affairs and shall be allocated to each parish council in an amount equal to four dollars for each resident of the parish age sixty years or older, as shown by the latest official estimate approved by the United States Bureau of the Census, or one hundred fifty thousand dollars, whichever is greater. The sums so allocated shall be distributed quarterly during the first thirty days of each quarter of the fiscal year. In appropriating funds pursuant to this Section, the legislature shall specifically provide for the allocation of funds to the respective parish councils in accordance with the provisions of this Section.

(2) In the event of the temporary or permanent relocation of state residents age sixty or over due to a disaster, the executive director of the Office of Elderly Affairs may modify the distribution of money, subject to the approval of the Joint Legislative Committee on the Budget.

C. The executive director of the office of elderly affairs shall distribute the funds appropriated pursuant to this Section and allocated to particular parish councils to each parish council which has filed its charter and its articles of incorporation with the bureau and with the secretary of state, provided such council is in compliance with all budgetary and fiscal requirements of law. Such funds shall be distributed in the amounts as provided by the legislature in accordance with this Section.

D.(1) Funds appropriated pursuant to this Section shall not be in lieu of and shall not in any way replace any other funds appropriated or to be appropriated to or for the voluntary parish councils on aging, including those appropriated pursuant to Title III of the Older Americans Act, 42 U.S.C. 3021 et seq., or other funds allocated pursuant to the Older Americans Act, and any other funds presently appropriated, allocated, or otherwise made available or funds hereafter appropriated, allocated, or otherwise made available for use by the voluntary parish councils on aging.

(2) Except as provided in Paragraph (3) of this Subsection, the balance of any funds appropriated pursuant to this Section which are not allocated to a particular parish council pursuant to the formula provided in this Section shall be allocated to the office of elderly affairs, to be distributed quarterly and to be used for administrative costs and continuing education and training for the parish voluntary councils on aging.

(3) The executive director may allocate funds not appropriated to a particular council on aging pursuant to the formula provided in this Section to one or more parish councils on aging if such parish receives an increase in Louisiana residents age sixty or over due to a disaster. Such allocation shall be subject to review and approval of the Joint Legislative Committee on the Budget.

E. Each voluntary parish council on aging annually shall file with the office of elderly affairs a financial statement for the previous fiscal year of all receipts and disbursements of funds allocated pursuant to this Section, such statement to be filed no later than thirty days after the close of each fiscal year.

F. For the purposes of this Section, "disaster" means a disaster declared by the governor by executive order or proclamation pursuant to the Louisiana Homeland Security and Emergency Assistance and Disaster Act, R.S. 29:721 et seq.

Added by Acts 1979, No. 735, §1, eff. July 20, 1979. Amended by Acts 1981, No. 696, §1, eff. July 20, 1981; Acts 1983, No. 434, §1; Acts 2006, No. 693, §1, eff. June 29, 2006; Acts 2007, No. 344, §1; Acts 2017, No. 203, §1, eff. July 1, 2017; Acts 2019, No. 127, §1; Acts 2025, No. 348, §1, eff. See Act.
La. Rev. Stat. § 46:1941.5 — LA Code / Code revised-statutes / Title 46 / Section 1941.5
Participation
Status: in_force

A. There shall be a children and youth planning board created and established in each judicial district by enactment of appropriate resolutions by the governing authority of each parish in that district. The board shall provide for the preparation of a comprehensive plan for the development, implementation, and operation of services for children and youth.

B. Nothing herein shall mandate a parish governing authority to fund the operational expenses of the board.

C. Nothing herein shall prevent a single parish or group of parishes from establishing an advisory board which would report to a youth services planning board.

Added by Acts 1978, No. 300, §1; Acts 1990, No. 696, §1; Acts 2004, No. 555, §1.
La. Rev. Stat. § 46:1426 — LA Code / Code revised-statutes / Title 46 / Section 1426
Adoption facilitators; prohibited conduct
Status: in_force

A. An adoption facilitator shall not engage in any of the following activities:

(1) Advertising for the purpose of soliciting parties to an adoption, locating children for an adoption, or acting as an intermediary between the parties to an adoption.

(2) Charging a fee or other valuable consideration for services rendered relating to an adoption, whether directly or indirectly, for locating children for adoption, or acting as an intermediary between the parties to an adoption.

B. As used in this Section, "adoption facilitator" means an individual or jurisdictional person that acts as intermediary or facilitator between adoptive parents and birth mothers. An "adoption facilitator" shall not include any of the following:

(1) A licensed adoption agency.

(2) An attorney licensed to practice law in Louisiana.

(3) Any individual licensed to provide mental health counseling as provided in Children's Code Article 1120 and preplacement and home studies as provided in Children's Code Article 1173.

(4) A Louisiana-based crisis pregnancy center or Louisiana-based pregnancy resource center.

(5) An individual who does not receive a fee or other valuable consideration for services rendered relating to an adoption, whether directly or indirectly, for locating children for adoption, or acting as an intermediary between the parties to an adoption.

C. A violation of this Section shall be an unfair trade practice as provided in R.S. 51:1401 et seq.

Acts 2024, No. 362, §1.
La. Rev. Stat. § 46:1652 — LA Code / Code revised-statutes / Title 46 / Section 1652
Additional duties
Status: in_force

In addition to the duties imposed upon it otherwise in this Chapter, it shall be the duty of the Louisiana Board of Institutions to:

(1) Represent the public interest in the administration of this Section.

(2) To advise the Governor and the Board of Parole and Bureau of Probation and Parole on problems concerning the administration of their functions.

(3) To establish job placement and training committees and to appoint the members of the committees who shall advise and assist in finding gainful employment for parolees about to be released on parole from any penal or correctional institution, and in providing programs for the training of inmates of penal and correctional institutions. These committees shall be selected on the basis of knowledge, interest and experience in the various allied fields of interest of the particular committee on which they serve. It shall be the duty of the committee to study the need and problems of convicted persons upon their return to society, and to assist the Louisiana Board of Institutions in the placement of parolees. Recommendations of the committee shall not be binding on the Louisiana Board of Institutions, but should be persuasive and followed as far as is practicable. The Louisiana Board of Institutions shall prescribe the places and times of meeting of each of the committees.

(4) To make, either at the direction of the Governor or upon the petition of any citizen for just cause, any investigation concerning the administration of this Section and to review, modify or set aside any action by the employees which the Board may determine to be desirable or necessary in the public interest.

(5) To make and publish annual reports and such special reports as it considers desirable to the Governor regarding the administration of this Section.

(6) To conduct hearings and to pass upon complaints that may be made concerning the administration of this Section.

(7) To make, alter, amend and promulgate rules. For the purpose of providing uniformity in administration of the agencies herein transferred and merged, the Louisiana Board of Institutions may adopt special rules.

(8) To hear and pass upon such other matters which may from time to time be brought before the Board for determination (including the transfer of inmates between correctional and penal institutions).

Acts 1960, No. 374, §2.
La. Rev. Stat. § 46:2616 — LA Code / Code revised-statutes / Title 46 / Section 2616
Diabetes annual action plan; submission; content
Status: in_force

A. The Louisiana Department of Health shall submit an action plan, after consulting with and receiving comments from the medical director of each of its contracted Medicaid partners, to the Senate Committee on Health and Welfare and the House Committee on Health and Welfare no later than February first of each year on the following:

(1) The financial impact and reach diabetes of all types is having on the state of Louisiana and its residents. Items in this assessment shall include the number of lives with diabetes covered by Medicaid through the Louisiana Department of Health and its contracted partners, the number of lives with diabetes impacted by the prevention and diabetes control programs implemented by the department and its contracted partners, the financial cost diabetes and its complications places on the department and its contracted partners, and the financial cost diabetes and its complications places on the department and its contracted partners in comparison to other chronic diseases and conditions.

(2) An assessment of the benefits of implemented programs and activities aimed at controlling diabetes and preventing the disease.

(3) A description of the level of coordination existing between the Louisiana Department of Health, its contracted partners, and other stakeholders on activities, programmatic activities, and the level of communication on managing, treating, or preventing all forms of diabetes and its complications.

(4) The development of a detailed action plan for battling diabetes with a range of actionable items. The plan shall identify proposed action steps to reduce the impact of diabetes, prediabetes, and related diabetes complications. The plan shall identify expected outcomes of the action steps proposed while establishing benchmarks for controlling and preventing diabetes.

(5) The development of a detailed budget blueprint identifying needs, costs, and resources to implement the plan identified in Paragraph (4) of this Subsection.

B. The Louisiana Department of Health shall include within the annual diabetes action plan the most current editions of the standards of medical care in diabetes by the American Diabetes Association and the American Association of Clinical Endocrinologists.

Acts 2013, No. 210, §1, eff. June 10, 2013; Acts 2014, No. 713, §1.
La. Rev. Stat. § 46:921 — LA Code / Code revised-statutes / Title 46 / Section 921
Report on patient by hospital to doctor
Status: in_force

The superintendents of all charity hospitals and other hospitals having contracts with the State of Louisiana for the care and treatment of indigents, are hereby authorized and directed to furnish to the doctor who refers the patient to such institution, a report on such patient, showing the diagnosis, laboratory and X-ray findings, and treatment prescribed, when such patient is discharged from such institution.
La. Rev. Stat. § 46:238 — LA Code / Code revised-statutes / Title 46 / Section 238
Unpaid child support; release of information
Status: in_force

A. The legislature hereby finds and declares that the enforcement of child support orders and the collection of child support is in the best interest of its citizens by providing resources for the children who are the beneficiaries of those payments and by relieving burdens upon the public fisc. The legislature further declares that the cooperative endeavors authorized by this Section are for a public purpose as envisioned by Article VII, Section 14(C) of the Louisiana Constitution.

NOTE: Subsections (B)-(E)(intro. para.) eff. until Oct. 1, 2027. See Acts 2025, No. 477.

B. The Department of Children and Family Services, office of children and family services, may participate in cooperative endeavors with private attorneys to release information authorized by this Section for the purpose of collecting unpaid child support in accordance with the provisions of this Section.

C. When a private attorney retained by the obligee receives a certification from the office of children and family services that an obligor is in arrears in the payment of child support for more than six months or whose whereabouts have been unknown for more than six months, the private attorney retained by the obligee may apply to the district court for the parish where the order is being enforced for an ex parte order on a motion to determine that the obligor is in arrears or is an absentee.

D. If the court finds that the obligor is in arrears for more than six months or whose whereabouts have been unknown for more than six months, the court may authorize the office of children and family services to enter into cooperative endeavors with a private attorney who has been retained by the obligee for the purpose of collecting the unpaid child support in the obligee's case.

E. Pursuant to a cooperative endeavor authorized by the provisions of this Section and to the extent allowed by state and federal laws and regulations, the office of children and family services shall provide to a private attorney who has been retained by the obligee for the purpose of collecting unpaid child support all of the following information that it may have regarding the obligor:

NOTE: Subsections (B)-(E)(intro. para.) as amended by Acts 2025, No. 477, eff. Oct. 1, 2027.

B. The Department of Children and Family Services, office of child support, may participate in cooperative endeavors with private attorneys to release information authorized by this Section for the purpose of collecting unpaid child support in accordance with the provisions of this Section.

C. When a private attorney retained by the obligee receives a certification from the office of child support that an obligor is in arrears in the payment of child support for more than six months or whose whereabouts have been unknown for more than six months, the private attorney retained by the obligee may apply to the district court for the parish where the order is being enforced for an ex parte order on a motion to determine that the obligor is in arrears or is an absentee.

D. If the court finds that the obligor is in arrears for more than six months or whose whereabouts have been unknown for more than six months, the court may authorize the office of child support to enter into cooperative endeavors with a private attorney who has been retained by the obligee for the purpose of collecting the unpaid child support in the obligee's case.

E. Pursuant to a cooperative endeavor authorized by the provisions of this Section and to the extent allowed by state and federal laws and regulations, the office of child support shall provide to a private attorney who has been retained by the obligee for the purpose of collecting unpaid child support all of the following information that it may have regarding the obligor:

(1) Social security number.

(2) Address.

(3) Driver's license number.

(4) Information from hunting licenses.

(5) Tax records.

(6) Information from professional licenses.

NOTE: Paragraph (E)(7) eff. until Oct. 1, 2027. See Acts 2025, No. 477.

(7) Any other information which the office of children and family services reasonably believes will assist in the collection of child support.

NOTE: Paragraph (E)(7) as amended by Acts 2025, No. 477, eff. Oct. 1, 2027.

(7) Any other information which the office of child support reasonably believes will assist in the collection of child support.

(8) Information received from other states through interstate registration of support orders.

NOTE: Subsection F eff. until Oct. 1, 2027. See Acts 2025, No. 477.

F. Nothing in this Section shall authorize the Department of Children and Family Services or the child support enforcement section to contract for hire with any private attorney or entity for the collection of child support or the provision of IV-D services.

NOTE: Subsection F as amended by Acts 2025, No. 477, eff. Oct. 1, 2027.

F. Nothing in this Section shall authorize the Department of Children and Family Services or the office of child support to contract for hire with any private attorney or entity for the collection of child support or the provision of IV-D services.

G. Any district attorney under contract to the Department of Children and Family Services to provide child support services shall not be authorized to release information to a private attorney under the provisions of this Section.

H. Nothing in this Section shall limit the Department of Children and Family Service's contractual authority.

Acts 1999, No. 1003, §1; Acts 2012, No. 255, §7; Acts 2025, No. 477, §15, eff. Oct. 1, 2027.
La. Rev. Stat. § 46:450.7 — LA Code / Code revised-statutes / Title 46 / Section 450.7
Medicaid prescription drug benefit program
Status: in_force

A.(1) The Louisiana Department of Health, referred to hereafter in this Section as the "department", shall administer the Medicaid prescription drug benefit program in accordance with the authority provided for in this Section.

(2) The department is authorized to remove pharmacy services from Medicaid managed care organization contracts and assume direct responsibility for all Louisiana Medicaid pharmacy services. To comply with this Paragraph, the department may utilize national best practices and techniques to assist with member medication adherence and to control costs, including but not limited to implementation of a preferred drug list in accordance with R.S. 46:153.3, utilization of medication therapy management in accordance with R.S. 46:153.3.1, and other clinically effective cost-efficient options allowed by state and federal law.

(3) If the department does not exercise the authority provided for in Paragraph (2) of this Subsection and administers the Medicaid pharmacy program through use of one or more Medicaid managed care organization pharmacy benefit managers, the pharmacy benefit manager shall be reimbursed a transaction fee only and shall not retain any portion of spread pricing or state supplemental rebates, as set forth in R.S. 39:1648. In addition, a Medicaid managed care organization or a Medicaid managed care organization pharmacy benefit manager shall not do any of the following:

(a) Buy, sell, transfer, or provide Medicaid recipient personal healthcare or contact information to any other party, including subsidiaries of the pharmacy benefit manager, for any purpose unless specifically authorized to do so by the department, and under no circumstance may such activity be for the purpose of patient steering. For purposes of this Subparagraph, "patient steering" means encouraging or enticing of any Medicaid recipient to switch to any pharmacy, including a mail-order pharmacy, through unsolicited advice or mass-marketing directed at a Medicaid recipient by a pharmacy benefit manager, including any employees, affiliated providers, agents, or contractors of the pharmacy benefit manager, that is intended to influence or that can reasonably be concluded to influence the Medicaid recipient to change pharmacies.

(b) Deny any Louisiana-licensed pharmacy or Louisiana-licensed pharmacist the right to be a participating provider in the managed care organization pharmacy benefit manager's provider network if the pharmacy or pharmacist meets all requirements of participation in the state Medicaid program.

(c) Deduct healthcare provider fees due to the state pursuant to R.S. 46:2625 from any amount due as reimbursement to a pharmacist or pharmacy.

(d) Deduct sales taxes owed to any taxing authority imposing the sales tax pursuant to R.S. 47:337.11.1 from any amount due as reimbursement to a pharmacist or pharmacy.

B. The department has a duty to administer the Medicaid prescription drug benefit program in the most clinically effective and cost-efficient manner possible. To ensure compliance with this duty, the department shall develop a comprehensive plan to administer the Medicaid prescription drug program and submit the plan to the Senate Committee on Health and Welfare, Senate Committee on Finance, House Committee on Health and Welfare, and House Committee on Appropriations on or before February 1, 2020. At a minimum, the comprehensive plan shall include the following:

(1) Best practices and clinical and cost outcomes from other states that have removed pharmacy services from Medicaid managed care organization contracts and assumed direct administrative responsibility.

(2) Managed care organization portal access to ensure coordination of patient care if pharmacy services are removed from Medicaid managed care organization contracts.

(3) Maximum rebate utilization through participation in the most effective bulk purchasing multi-state buying pool.

(4) Medicaid managed care organization use of a pharmacy benefit manager for Medicaid prescription drug benefit program administration if the pharmacy benefit manager is part of a larger company that also owns retail pharmacies.

C. The Louisiana Department of Health may procure and negotiate pharmacy benefit manager contracts through the use of a reverse auction pursuant to R.S. 39:1600(D) and 1600.1 and the requirements of this Section.

Acts 2019, No. 263, §1; Acts 2021, No. 102, §4.
La. Rev. Stat. § 46:1445.7 — LA Code / Code revised-statutes / Title 46 / Section 1445.7
Eligibility for services
Status: in_force

To be eligible to begin participation in the Adoption Awareness Program, a birth parent or expectant parent shall be a person who meets at least one of the following requirements:

(1) A resident of this state who is the biological parent of an unborn child.

(2) Is a parent of a child under two years of age.

(3) Is a parent of a child in the custody of the department.

(4) Is a parent of a minor who is the biological parent of an unborn child.

Acts 2024, No. 515, §1, eff. Jan. 1, 2025.
La. Rev. Stat. § 46:460.61 — LA Code / Code revised-statutes / Title 46 / Section 460.61
Provider credentialing
Status: in_force

A. Any managed care organization that requires a healthcare provider to be credentialed, recredentialed, or approved prior to rendering healthcare services to a Medicaid recipient shall complete a credentialing process within sixty days from the date on which the managed care organization has received all of the information needed for credentialing, including the healthcare provider's correctly and fully completed application and attestations and all verifications or verification supporting statements required by the managed care organization to comply with accreditation requirements and generally accepted industry practices and provisions to obtain reasonable applicant-specific information relative to the particular or precise services proposed to be rendered by the applicant.

B.(1) Within thirty days of the date of receipt of an application, a managed care organization shall inform the applicant of all defects and reasons known at the time by the managed care organization in the event a submitted application is deemed to be not correctly and fully completed.

(2) A managed care organization shall inform the applicant in the event that any needed verification or a verification supporting statement has not been received within forty-five days of the date of the managed care organization's request.

C. A healthcare provider shall be considered credentialed, recredentialed, or approved and shall receive payment according to the Medicaid fee schedule if a managed care organization fails to do one of the following within sixty days of receipt of all information needed for credentialing, including all documents required by Subsection A of this Section, and a signed provider agreement:

(1) Review, approve, and load an approved applicant to its provider files in its claims processing system and submit on the electronic provider directory to the department or its designee.

(2) Deny the application and ensure that the provider is not reimbursed for providing services to enrollees.

D. In order to establish uniformity in the submission of an applicant's standardized information to each managed care organization for which he may seek to provide healthcare services until submission of an applicant's standardized information in a paper format shall be superseded by a provider's required submission and a managed care organization's required acceptance by electronic submission, an applicant shall utilize and a managed care organization shall accept either of the following at the sole discretion of the managed care organization:

(1) The current version of the Louisiana Standardized Credentialing Application Form or its successor, as promulgated by the Department of Insurance.

(2) The current format used by the Council for Affordable Quality Healthcare (CAQH) or its successor.

E. If a managed care organization determines upon completion of the credentialing process that an applicant's healthcare provider does not meet the managed care organization's credentialing requirements, the managed care organization may initiate an action to recover from the healthcare provider or the provider group an amount equal to the difference between appropriate payments for out-of-network benefits and in-network benefits paid to the provider prior to completion of the credentialing process if both of the following requirements are met:

(1) The managed care organization notified the applicant healthcare provider of the adverse determination.

(2) The managed care organization initiated action for recovery no later than thirty days after the adverse determination.

F. All of the following providers shall be considered to have satisfied, and shall otherwise be exempt from having to satisfy, any credentialing requirements of a managed care organization:

(1) Any provider who maintains hospital privileges or is a member of a hospital medical staff with a hospital licensed in accordance with the Hospital Licensing Law, R.S. 40:2100 et seq.

(2) Any provider who is a member of the medical staff of a rural health clinic licensed in accordance with R.S. 40:2197 et seq.

(3) Any provider who is a member of the medical staff of a federally qualified health center as defined in R.S. 40:1185.3.

G. If the Centers for Medicare and Medicaid Services withholds or defers payment of, or disallows a claim for, federal financial participation, in whole or in part, based upon a determination that a provider exempted by Subsection F of this Section has not been credentialed or recredentialed as required by 42 CFR 438.214, the state may recoup or initiate other actions to recover from the provider or the hospital an amount equal to the federal financial participation withheld, deferred, or disallowed, in order that the state is indemnified from all losses and made whole.

H. The department may promulgate rules in accordance with the Administrative Procedure Act to provide for further credential-deeming authority applicable to other provider types with appropriate safeguards.

Acts 2013, No. 358, §1, eff. Jan. 1, 2014; Acts 2021, No. 204, §2, eff. Jan. 1, 2022; Acts 2022, No. 143, §1.
La. Rev. Stat. § 46:437.5 — LA Code / Code revised-statutes / Title 46 / Section 437.5
Settlement
Status: in_force

A. The secretary or the attorney general may agree to settle a matter for which recovery may be sought on behalf of the medical assistance programs or for a violation of this Part. The terms of the settlement shall be reduced to writing and signed by the parties to the agreement. The terms of the settlement shall be public record.

B. Nothing in this Section shall limit the rights of a qui tam plaintiff who brings a qui tam action in accordance with Subpart C of this Part.

Acts 1997, No. 1373, §1; Acts 2025, No. 206, §1.
La. Rev. Stat. § 46:972.1 — LA Code / Code revised-statutes / Title 46 / Section 972.1
Louisiana Pregnancy and Baby Care Initiative
Status: in_force

A.(1) The Louisiana Pregnancy and Baby Care Initiative is hereby created, within the Department of Children and Family Services, to act as a statewide social service program to enhance and increase resources that promote childbirth instead of abortion for women facing unplanned pregnancies and to offer a full range of services, including pregnancy support services, parenting help, and adoption assistance.

(2) The department shall implement a program by contracting with a single nonprofit organization to serve as general contractor to manage the provision of services under the Louisiana Pregnancy and Baby Care Initiative. The general contractor shall subcontract on a fee-for-service basis with existing nonprofit pregnancy centers, adoption agencies, maternity homes, and social service organizations to provide services that promote childbirth instead of abortion. The general contractor shall not provide any direct client services. The department shall impose no other requirements on the Louisiana Pregnancy and Baby Care Initiative general contractor except those contained in this Section and in its standard terms and conditions.

(3) The general contractor selected by the department shall include as part of its program budget marketing expenses to make Louisiana residents aware of the Louisiana Pregnancy and Baby Care Initiative's services, as well as funds to develop and promote a website that provides a geographically indexed list of available nonprofit subcontractors that provide services.

B.(1) The program established by the Louisiana Pregnancy and Baby Care Initiative shall provide only the following services:

(a) Counseling or mentoring intended to improve the pregnancy or parenting situation, including care coordination for prenatal services, providing educational materials and information about pregnancy and parenting.

(b) Referrals intended to improve the pregnancy or parenting situation, including referrals to parish and social service programs; referrals for child care, transportation, housing, and state and federal benefit programs; and referrals that connect clients to health programs.

(c) Classes intended to improve the pregnancy or parenting situation, including classes on life skills, healthy pregnancies, budgeting, parenting, stress management, job training, and job placement.

(d) Material items intended to improve the pregnancy or parenting situation, including but not limited to car seats, cribs, maternity clothes, infant diapers, and formula.

(2) Program subcontractors may provide services in addition to the services provided for in this Subsection, but the services shall not be funded through the Louisiana Pregnancy and Baby Care Initiative.

(3) The provision and delivery of services under the program shall be dependent on participant needs, as assessed by the nonprofit organization providing the services and not otherwise prioritized by any state agency.

C.(1) Program services shall be made available to any Louisiana resident who is:

(a) A pregnant woman.

(b) The biological father of an unborn child.

(c) The biological or adoptive parent or legal guardian of a child thirty-six months of age or younger.

(d) A program participant who has experienced the loss of a child.

(e) An immediate family member of a current biological parent who is a program participant.

(2) Program services shall be available to participants only during pregnancy and continuing for up to thirty-six months after birth of the child.

D. The department shall include as a condition of the contract with the nonprofit organization selected as general contractor to provide program services that the nonprofit organization shall submit a report to the department on or before seventy-five days after the close of the state fiscal year, reporting on the administration of the program during the prior fiscal year. The report shall include all of the following:

(1) The number of clients served by the program.

(2) The number of clients who received counseling or mentoring and the amount of counseling or mentoring received.

(3) The number of clients who received classes and the amount of classes received.

(4) The number of clients who received referrals and the amount of referrals received.

(5) The number of clients who received material items and the amount of material items received.

(6) Any other information that shows the success of the contractor's administration of the program.

E.(1) The Louisiana Pregnancy and Baby Care Initiative shall be implemented effective August 1, 2024. The Louisiana Pregnancy and Baby Care Initiative shall replace the Louisiana Alternatives to Abortion Program administered by the department. The Louisiana Pregnancy and Baby Care Initiative shall be funded in a separate line-item of the General Appropriations Act or receive all funds appropriated for the Louisiana Alternatives to Abortion Program.

(2) The department shall ensure that contracts with providers of the Louisiana Alternatives to Abortion Program in effect prior to August 1, 2024, remain under contract during the transition provided for in Paragraph (1) of this Subsection.

(3) The Louisiana Pregnancy and Baby Care Initiative and any funds appropriated or expended therefor shall not be used to perform, induce, or assist in the performing or inducing of abortions or be used to promote abortions or refer for abortions, and funds appropriated or expended for the program shall not be provided to organizations or affiliates of organizations that perform or induce abortions, assist in the performing or inducing of abortions, or promote abortions or refer for abortions.

F. The department shall promulgate all rules and regulations necessary to implement the provisions of this Section. The rules shall include but not be limited to appropriate oversight provisions and penalties for failure to achieve program objectives as provided for in this Section, measures to ensure the clinical efficacy and financial viability of the program, and benchmarks to achieve best practice outcomes. The department shall report annually to the legislature on the status of the program.

Acts 2024, No. 329, §1, eff. May 28, 2024.
La. Rev. Stat. § 46:236.15 — LA Code / Code revised-statutes / Title 46 / Section 236.15
Limited administrative authority for certain paternity and child support actions
Status: in_force

A. Genetic testing.

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

(1) In cases in which the Department of Children and Family Services, office of children and family services, child support enforcement section, referred to in this Section as "agency", is providing services, the agency may, in cases in which paternity is at issue, order all parties to submit to genetic testing.

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

(1) In cases in which the Department of Children and Family Services, office of child support, referred to in this Section as "agency", is providing services, the agency may, in cases in which paternity is at issue, order all parties to submit to genetic testing.

(2) To order an alleged father to submit to genetic testing, the agency shall provide the alleged father with a notice by certified mail, personal service, or domiciliary service. The notice shall advise the alleged father that he has been named as the father of one child or more and list each child, each child's date of birth, and the mother of each child. The notice shall advise the alleged father that he is being ordered to submit to genetic testing and shall give the time and place where the genetic sample is to be taken. The date the genetic test is scheduled for shall be at least twenty days from the date of notice on the alleged father.

(3) Genetic test results obtained under this Section shall be admissible in any subsequent paternity proceedings.

(4) The agency shall serve both parties with the results of the genetic tests. If either party requests an additional test and pays in advance for the test, the agency shall order all the parties to submit to another genetic test.

(5) If the genetic test excludes the alleged father, the agency shall be precluded from taking any further action against him.

(6) The department shall take no further administrative action against an alleged father who refuses or fails to submit to genetic testing pursuant to this Subsection. However, nothing in this Subsection shall preclude the department from taking action in the appropriate court to establish paternity and requesting the court to order such party to submit to genetic testing in accordance with state law.

B. Subpoena authority.

The agency shall have the administrative authority to subpoena information needed to establish, modify, or enforce a support order, or to establish paternity, or to locate a non-custodial parent, and to impose penalties not to exceed twenty-five dollars for failure to respond to such a subpoena. To order such subpoena, the agency shall provide a written notice to the appropriate entity which has the information. The notice shall provide the entity with the appropriate statutory authority that allows the agency to issue the subpoena, and shall list the penalties for failure to comply. The entity shall also be given thirty days to file an appeal with the agency.

C. Access to information.

Notwithstanding any other provision of law, subject to the safeguards on privacy and information security, and subject to the nonliability of entities that afford such access according to this Subsection, the agency shall have the right to access information contained in the following records, including information maintained in automated databases, to assist in actions relating to the establishment of paternity or to the establishment, modification, or enforcement of support orders, without obtaining an order from any other judicial or administrative tribunal:

(1) Vital records, including marriage, birth, and divorce records.

(2) State and local tax and revenue records, including information on residence address, employer, income, and assets.

(3) Records concerning real and titled property.

(4) Employment security records.

(5) Corrections records.

(6) Records of occupational and professional licenses and records concerning the ownership and control of corporations, partnerships, and other business entities.

(7) Records of agencies administering public assistance programs.

(8) Records of the office of motor vehicles.

(9) The names and addresses of individuals who owe or are owed support, or against or with respect to whom a support obligation is sought, and the names and addresses of employers of such individuals, as appearing in customer records of electronic communications and Internet service providers, public utilities, cable television companies, and cellular telephone companies, pursuant to an administrative subpoena in accordance with Subsection B of this Section.

D. Authority to seize and intercept.

(1) In cases in which there is a child support arrearage or child support overpayment made to a custodial parent, and after notice of such arrearage or overpayment has been made by certified or regular mail, personal service, or domiciliary service, the agency shall have the administrative authority to:

(a) Intercept, encumber, freeze, or seize periodic or lump sum payments from a state or local agency or any entity licensed or permitted by any state agency or board under Chapters 1, 4, 5, or 7 of Title 27 of the Louisiana Revised Statutes of 1950, including but not limited to unemployment compensation benefits, workers' compensation, and other benefits, judgments, settlements, lottery winnings, progressive slot machine annuities beginning with the second annuity payment, cash gaming winnings, assets held in financial institutions, and public and private retirement funds. However, child support overpayments are excluded from recovery from unemployment compensation benefits. The provisions of R.S. 13:3881 providing general exemptions from seizure are applicable to the provisions of this Subparagraph. After the agency encumbers, intercepts, or freezes any assets set out in this Subsection, it shall notify the payor or custodial parent that he has thirty days to advise the agency that he wishes to appeal the seizing of the assets. Upon receipt of such notice, the agency shall either release the property or schedule a hearing in accordance with the Administrative Procedure Act. Such hearing may be conducted telephonically or by means of any other such electronic media. The sole issue at the administrative hearing shall be whether the payor is in compliance with an order of support or whether the custodial parent owes an overpayment of support. If the payor or custodial parent fails to file an appeal within thirty days, the agency may institute proceedings through administrative process to seize or sell the property in accordance with state law.

(b) Impose liens, force sale of property, and distribute proceeds in accordance with state law.

(2) Nothing in this Subsection shall grant administrative authority to the agency to place a lien, privilege, or legal mortgage on any licensed or titled motor vehicle.

E. Interstate cases.

The provisions of this Section shall also apply to the agency's handling of interstate cases when the agency has received, by electronic or other means, a request from another state to enforce a support order. Such transmittal shall constitute a certification by the requesting state of the amount of support under the order, the amount of arrears owed and that the requesting state has complied with all procedural due process requirements applicable to the case.

Acts 1997, No. 1248, §1, eff. July 1, 1997; Acts 2006, No. 121, §1, eff. June 2, 2006; Acts 2006, No. 375, §1, eff. June 15, 2006; Acts 2010, No. 425, §2, eff. June 22, 2010; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2012, No. 87, §1; Acts 2012, No. 255, §7; Acts 2016, No. 359, §1; Acts 2018, No. 194, §1; Acts 2025, No. 477, §15, eff. Oct. 1, 2027.
La. Rev. Stat. § 46:2601 — LA Code / Code revised-statutes / Title 46 / Section 2601
Legislative findings and intent
Status: in_force

A.(1) The legislature finds that programs and services to children and their families are provided by a myriad of state departments, offices, and agencies, as well as many entities at the local level. Funding for such programs is provided from numerous sources, federal, state, and local. There is a serious need to coordinate and focus programs and funding to achieve the most effective and efficient use of monetary, human, and organizational resources.

(2) The legislature further finds that the policies of many funding programs have directed funding for needs of children and their families toward meeting crises, toward out-of-home placement, and toward services related to this focus.

(3) The legislature recognizes a need to identify all potential sources of funding for services for children and their families and to develop strategies to assure the coordinated use of such funding toward the development of a family and community-based service delivery system.

B. In order to meet these needs the legislature creates the Children's Cabinet.

Acts 1992, No. 971, §2; Acts 1998, 1st Ex. Sess., No. 5, §§2, 3, eff. April 24, 1998; Acts 2003, No. 245, §1, eff. June 5, 2003; Acts 2003, No. 1225, §6; Acts 2008, No. 780, §1.
La. Rev. Stat. § 46:1064.2 — LA Code / Code revised-statutes / Title 46 / Section 1064.2
Hospital service districts in Jefferson Parish; sale or lease of hospitals
Status: in_force

A.(1) Notwithstanding any provisions of law to the contrary, the sale of any hospital owned by a hospital service district in Jefferson Parish shall be in accordance with the provisions of this Subsection. The provisions of this Subsection shall apply to the sale of a hospital pursuant to authority granted by R.S. 33:4341 and any other authority granted by law.

(2) The governing authority of the hospital service district shall submit a proposition to approve the sale of the hospital to the voters of the hospital service district in an election held for that purpose.

(3) The hospital service district shall sell the hospital only if the proposed sale is approved by a majority of the qualified electors of the hospital service district voting on the proposition at an election held for that purpose and conducted in accordance with the Louisiana Election Code.

B. The provisions of R.S. 33:4341 shall not apply to the lease of a hospital by a hospital service district in Jefferson Parish; the governing authority of the district may, by its own action, approve the lease of a hospital.

Acts 2001, No. 379, §2; Acts 2013, No. 111, §1, eff. June 5, 2013.
La. Rev. Stat. § 46:114 — LA Code / Code revised-statutes / Title 46 / Section 114
Fraud in obtaining assistance; withholding information concerning property, income, or beneficiary, or personal circumstances
Status: in_force

NOTE: Subsections A and B and Paragraph (C)(1)(intro. para.) eff. until Oct. 1, 2027. See Acts 2025, No. 478.

A. No person shall obtain or attempt to obtain assistance from the Department of Children and Family Services or the Louisiana Department of Health by means of any false statement, misrepresentation, or other fraudulent device. If during the life, or upon the death, of any person who is receiving or has received assistance it is found that the recipient is receiving or has received assistance through misrepresentation, nondisclosure of material facts, or other fraudulent device, the amount of assistance, without interest, shall be recoverable from him or his estate as a debt due the state by court action.

B. If at any time during the continuance of public assistance to any person, the recipient thereof, or the husband or wife of the recipient with whom he or she is living, is possessed or becomes possessed of any property or income in excess of the amount declared at the time of application or reinvestigation of his case and in such amount as would affect his needs or right to receive assistance, it shall be the duty of the recipient, or the husband or wife of the recipient, to notify the Department of Children and Family Services or the Louisiana Department of Health of possession of such property or income, and the department shall, after investigation, either cancel the assistance or alter the amount thereof in accordance with the circumstances, provided, that such investigation shows that such property or income does affect the need of the recipient or his right to receive assistance. If during the life, or upon the death, of any person who is receiving or has received assistance it is found that the recipient or his spouse was possessed of any property or income in excess of the amount reported that would affect his need or right to receive assistance, any assistance paid when the recipient or his spouse was in possession of such undeclared property or income shall be recoverable, without interest, from him or his estate as a debt due the state by court action. The possession of undeclared property by a recipient or his spouse with whom he is living shall be prima facie evidence of its ownership during the time assistance was granted, and the burden to prove otherwise shall be upon the recipient or his legal representative.

C.(1) If the personal circumstances of the recipient change at any time during the continuance of assistance, he shall immediately notify the Department of Children and Family Services or the Louisiana Department of Health of the change. Personal circumstances shall include:

NOTE: Subsections A and B and Paragraph (C)(1)(intro. para.) as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.

A. No person shall obtain or attempt to obtain assistance from Louisiana Works or the Louisiana Department of Health by means of any false statement, misrepresentation, or other fraudulent device. If during the life, or upon the death, of any person who is receiving or has received assistance it is found that the recipient is receiving or has received assistance through misrepresentation, nondisclosure of material facts, or other fraudulent device, the amount of assistance, without interest, shall be recoverable from him or his estate as a debt due the state by court action.

B. If at any time during the continuance of public assistance to any person, the recipient thereof, or the husband or wife of the recipient with whom he or she is living, is possessed or becomes possessed of any property or income in excess of the amount declared at the time of application or reinvestigation of his case and in such amount as would affect his needs or right to receive assistance, it shall be the duty of the recipient, or the husband or wife of the recipient, to notify Louisiana Works or the Louisiana Department of Health of possession of such property or income, and the department shall, after investigation, either cancel the assistance or alter the amount thereof in accordance with the circumstances, provided that such investigation shows that such property or income does affect the need of the recipient or his right to receive assistance. If during the life, or upon the death, of any person who is receiving or has received assistance it is found that the recipient or his spouse was possessed of any property or income in excess of the amount reported that would affect his need or right to receive assistance, any assistance paid when the recipient or his spouse was in possession of such undeclared property or income shall be recoverable, without interest, from him or his estate as a debt due the state by court action. The possession of undeclared property by a recipient or his spouse with whom he is living shall be prima facie evidence of its ownership during the time assistance was granted, and the burden to prove otherwise shall be upon the recipient or his legal representative.

C.(1) If the personal circumstances of the recipient change at any time during the continuance of assistance, he shall immediately notify Louisiana Works or the Louisiana Department of Health of the change. Personal circumstances shall include:

(a) The members of the household.

(b) The place of residence of the recipient.

(c) The establishment of a legal or nonlegal union by the recipient.

(d) The failure of a child between the ages of sixteen and eighteen years, who is receiving aid to dependent children, to attend school regularly.

NOTE: Paragraph (C)(2) eff. until Oct. 1, 2027. See Acts 2025, No. 478.

(2) If during the life, or upon the death, of any person who is receiving assistance it is found that the recipient has received or is receiving assistance of a greater amount than he is entitled to receive as a result of his failure to notify the Department of Children and Family Services or the Louisiana Department of Health of a change of personal circumstances as set forth in this Subsection, any assistance paid during the time that the recipient was receiving assistance of a greater amount than he was entitled to receive as a result of his failure to notify the department shall be recoverable, with legal interest, from him or his estate as a debt due the state by court action.

NOTE: Paragraph (C)(2) as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.

(2) If during the life, or upon the death, of any person who is receiving assistance it is found that the recipient has received or is receiving assistance of a greater amount than he is entitled to receive as a result of his failure to notify Louisiana Works or the Louisiana Department of Health of a change of personal circumstances as set forth in this Subsection, any assistance paid during the time that the recipient was receiving assistance of a greater amount than he was entitled to receive as a result of his failure to notify the department shall be recoverable, with legal interest, from him or his estate as a debt due the state by court action.

NOTE: Subsection D and Paragraph (E)(1)(intro. para.) eff. until Oct. 1, 2027. See Acts 2025, No. 478.

D. The federal government shall be entitled to share in any amount recovered under the provisions of this Section; however, the amount recovered by the federal government shall not exceed the amount contributed by the federal government in each case. The amount due the United States shall be promptly paid or credited upon collection to the designated agency of the federal government by the Department of Children and Family Services or the Louisiana Department of Health.

E.(1) Persons receiving food stamps or Aid to Families with Dependent Children, or a successor of either program, who have been determined by the Department of Children and Family Services or the Louisiana Department of Health in an administrative hearing, or a court of competent jurisdiction after final appeal, to have fraudulently obtained such food stamps or Aid to Families with Dependent Children, or benefits or assistance from a successor of either program, shall be ineligible for further participation in the program in accordance with the following schedule:

NOTE: Subsection D and Paragraph (E)(1)(intro. para.) as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.

D. The federal government shall be entitled to share in any amount recovered under the provisions of this Section; however, the amount recovered by the federal government shall not exceed the amount contributed by the federal government in each case. The amount due the United States shall be promptly paid or credited upon collection to the designated agency of the federal government by Louisiana Works or the Louisiana Department of Health.

E.(1) Persons receiving food stamps or Aid to Families with Dependent Children, or a successor of either program, who have been determined by Louisiana Works or the Louisiana Department of Health in an administrative hearing, or a court of competent jurisdiction after final appeal, to have fraudulently obtained such food stamps or Aid to Families with Dependent Children, or benefits or assistance from a successor of either program, shall be ineligible for further participation in the program in accordance with the following schedule:

(a) For a period of six months upon the first occasion of such determination.

(b) For a period of one year upon the second occasion of such determination.

(c) Permanently upon the third occasion of such determination.

(2) During the period of ineligibility no household shall receive increased benefits under those programs as a result of its having been disqualified under this Subsection.

(3) Persons receiving medical assistance under provisions of Title XIX of the Social Security Act who have been determined by the Louisiana Department of Health to have fraudulently obtained such medical assistance may be suspended from the medical assistance program for twelve months.

Amended by Acts 1952, No. 29, §1; Acts 1956, No. 184, §1; Acts 1960, No. 299, §1; Acts 1979, No. 769, §4; Acts 1980, No. 769, §1; Acts 1982, No. 494, §1; Acts 1988, No. 427, §1, eff. July 9, 1988; Acts 2018, No. 206, §5; Acts 2025, No. 478, §12, eff. Oct. 1, 2025, §13, eff. Oct. 1, 2027.
La. Rev. Stat. § 46:437.4 — LA Code / Code revised-statutes / Title 46 / Section 437.4
Claims review and administrative sanctions
Status: in_force

A.(1) Pursuant to rules and regulations promulgated in accordance with the Administrative Procedure Act, the secretary shall establish a process to review a claim made by a health care provider to determine if the claim should be or should have been paid as required by federal or state law or by rule.

(2) Claims review may occur prior to or after payment is made to a health care provider.

(3) The secretary may withhold payment to a health care provider during claims review if necessary to protect the fiscal integrity of the medical assistance programs.

(4) The administrative rules promulgated by the department to implement the claim review process established pursuant to this Subsection shall provide for procedures to ensure that providers receive or retain the appropriate reimbursement amount for claims in which the department determines that services delivered have been improperly billed but were reasonable and necessary.

B. The secretary may establish various types of administrative sanctions pursuant to rules and regulations promulgated in accordance with the Administrative Procedure Act which may be imposed on a health care provider or other person who violates any provision of this Part or any other applicable federal or state law or rule related to the medical assistance programs.

C.(1) The department shall conduct a hearing in compliance with the Administrative Procedure Act at the request of a person who wishes to contest an administrative sanction imposed on him by the secretary.

(2) A party aggrieved of an order may seek judicial review only in the Nineteenth Judicial District Court for the parish of East Baton Rouge.

(3) Judicial review of the order shall be conducted in compliance with the Administrative Procedure Act.

D. All state rules and regulations issued on or before August 15, 1997, shall be deemed to have been issued in compliance with and under the authority of this Section.

Acts 1997, No. 1373, §1; Acts 2016, No. 467, §1.
La. Rev. Stat. § 46:326 — LA Code / Code revised-statutes / Title 46 / Section 326
Duties of the department
Status: in_force

A. The department shall submit to FNS applications for any waiver, exemption, or other formal authorization and any state plan amendment as may be necessary to implement the program provided for in this Subpart. Such submissions by the department to FNS shall provide for all of the following:

(1) Reinstatement in the parish where the program is established of the limit on receipt of SNAP benefits of three months in a three-year period for ABAWDs.

(2) Establishment of benefit extensions in six-month increments for customers who meet workforce training or education requirements of the program.

(3) Any other functions as may be necessary for the department to establish and operate the program in a manner that conforms with applicable federal and state laws and regulations.

B. The department shall enter into any cooperative endeavor agreements, contracts, and other arrangements with any other government agency or any community partner as may be necessary to ensure adequate availability of workforce training to customers in the parish in which the program is established.

C. The department shall institute all departmental policies and procedures necessary to ensure that the process for SNAP benefits eligibility redetermination in the parish where the program is established meets all of the following requirements:

(1) Eligibility redetermination for each customer occurs no less frequently than once every six months.

(2) Eligibility redetermination for each customer shall include a procedure for collecting and verifying documentation from the customer of his engagement in a workforce training or education activity as provided in R.S. 46:324.

D.(1)(a) The department shall transmit notice in writing to all ABAWDs in the parish where the program is established indicating that continuation of benefits beyond the three-month limit that is to be reinstated will be conditioned upon engagement by customers in acceptable workforce training or education activities.

(b) The department may transmit to ABAWDs in the parish where the program is established duplicates of the notice provided for in Subparagraph (a) of this Paragraph, and may take any other actions it deems necessary to provide ABAWDs with adequate notification of the changes in SNAP benefits eligibility to be instituted through the program.

(2) The department shall transmit to each customer a form that provides a clear description of requirements for continuation of benefits eligibility to be instituted through the program, and a space in which the customer may affirmatively acknowledge that he understands these requirements.

(3) During the operation of the program, the department shall promptly notify each customer of any decision concerning his eligibility for SNAP benefits made pursuant to the redetermination process provided for in Subsection C of this Section.

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

Acts 2014, No. 622, §1; Acts 2018, No. 206, §5; Acts 2025, No. 478, §12, eff. Oct. 1, 2025.
La. Rev. Stat. § 46:1808 — LA Code / Code revised-statutes / Title 46 / Section 1808
Procedure by the board; public hearings; right to counsel
Status: in_force

A. Upon receipt of one or more applications for reparations resulting from the same crime, the board shall examine the application to determine that it is complete and shall schedule all of such claims for consideration at the same time. If the board determines that a hearing is necessary to a decision in the matter, it shall fix the day, time, and place thereof and shall notify the claimant or claimants and such other persons as have indicated a desire to be present or that the board desires to hear. The notice shall be in writing and shall be mailed by certified mail at least ten days prior to the day fixed for the hearing.

B. Hearings shall be open to the public unless in a particular case the board determines that all or part of the hearing should be closed, taking into consideration the fact that an accused has not been convicted or that a closed hearing is in the best interest of the victim. The applicant may appear and be heard and present evidence on his own behalf or through counsel or legal representative. Any person who has a substantial interest in the proceedings, as determined by the board, may appear before the board and shall have the right to introduce evidence and cross examine witnesses.

C. The members of the board and the attorney representing the board, if any, may question and cross examine witnesses. The board may bring before it physicians or other experts to examine any claimant. The board may receive in evidence any statement, document, information, or matter that it believes may contribute to the purposes of the hearing or to any of its deliberations, whether or not a hearing is held and whether or not any of them would be admissible in court.

Added by Acts 1982, No. 250, §1, eff. July 17, 1982.
La. Rev. Stat. § 46:1815 — LA Code / Code revised-statutes / Title 46 / Section 1815
Recovery from the criminal
Status: in_force

A. Whenever any person is convicted of a crime and an order for the payment of reparations is or has been made under this Chapter for a personal injury, death, or catastrophic property loss resulting from the act or omission constituting the crime for which conviction was had, the attorney general, within one year after the date on which the judgment of conviction becomes final, may institute a civil action against the convicted person for the recovery of all or any part of the reparations payment. The suit shall be instituted in the district court having jurisdiction in the parish in which such person resides or is found or, in Orleans Parish, in the civil district court for that parish. The court shall have jurisdiction to hear, determine, and render judgment in any such action. Any amount recovered under this Subsection shall be deposited in the state treasury and, after meeting the requirements of Article VII, Section 9 of the Constitution of Louisiana, credited to the Crime Victims Reparations Fund hereinafter created. If an amount greater than that paid pursuant to the order for payment of reparations is recovered and collected in any such action, the board shall pay the balance to the claimant.

B. The board shall provide the attorney general with such information, data, and reports as he may require to institute actions in accordance with this Section.

Added by Acts 1982, No. 250, §1, eff. July 17, 1982.
La. Rev. Stat. § 46:460.76.3 — LA Code / Code revised-statutes / Title 46 / Section 460.76.3
Claim information; third-party liability
Status: in_force

A. The department shall provide all known information about any health insurer or other third party that is legally liable for payment of all or part of a claim for healthcare services furnished under the Medicaid state plan to an enrollee on the Medicaid Eligibility Verification System.

B.(1) A managed care organization shall provide notification to the department no later than two business days from the date the managed care organization verifies or has knowledge of the existence of any health insurer or other third party that is legally liable for payment of all or part of a claim for healthcare services furnished under the Medicaid state plan to an enrollee when the health insurer or other liable third party is not reflected on the Medicaid Eligibility Verification System. The notification shall include, at minimum, all of the following information about the health insurer or other liable third party:

(a) The name, address, and phone number of the health insurer or other liable third party.

(b) The policyholder information, including the policyholder name, policy number, and group number.

(c) The scope of coverage, if the scope of coverage is limited.

(d) The effective date of coverage.

(e) Any other information required by the department.

(2) The department may promulgate rules or may include requirements in the Medicaid managed care organization manual as necessary for the implementation of this Section.

(3) The department shall cause the information contained in the notification to be reflected in the Medicaid Eligibility Verification System no later than three business days from receiving a notice pursuant to this Subsection.

C. A managed care organization shall not deny, pend, reject, or recoup a claim solely on the basis of the existence of a liable third party or primary coverage that is through other health insurance unless all of the following information related to the other health insurance is available on the Medicaid Eligibility Verification system that is maintained by the department:

(1) The name, address, and phone number of the liable third party or health insurance issuer.

(2) The policyholder information, including the policyholder name, policy number, and group number.

(3) The effective date of coverage by the liable third party or health insurance issuer and the scope of coverage of the liable third party or health insurance issuer, if the scope of coverage is limited.

D. A managed care organization shall provide written or electronic notification to a provider no later than five business days after the managed care organization receives payment from a liable third party for healthcare services rendered by the healthcare provider. Such notice shall include the following:

(1) A copy of the explanation of benefits provided to the managed care organization as a result of payment being made to the managed care organization for the healthcare services rendered by the healthcare provider.

(2) The name, address, and phone number of the health insurer or other liable third party.

(3) The policyholder information, including the policyholder name, policy number, and group number.

(4) The effective date of coverage.

(5) The scope of coverage, if the scope of coverage is limited.

E. The department shall withhold payment to the managed care organization in an amount to be determined by the department not less than twenty-five thousand dollars or greater for each violation of the provisions of this Section by a managed care organization. However, upon a finding by the department that the managed care organization has committed multiple violations of this Section or has engaged in a pattern of violations, the minimum amount shall be at least one hundred thousand dollars.

Acts 2025, No. 293, §1, eff. June 11, 2025.
La. Rev. Stat. § 46:1301 — LA Code / Code revised-statutes / Title 46 / Section 1301
Services to autistic persons; center of excellence for autism spectrum disorder; responsibility
Status: in_force

A. The Louisiana Department of Health shall be responsible for providing services to autistic persons, with the exception of those delineated by Part I of Chapter 8 of Title 17 of the Louisiana Revised Statutes of 1950 and provided for by the Department of Education or the local school board or otherwise mandated by law to be provided by the Department of Education or the local school board. The Louisiana Department of Health shall be responsible for:

(1) The establishment of a center of excellence for autism spectrum disorder within the office for citizens with developmental disabilities. This center may be operated by the office through formal agreements with the Department of Education and other appropriate public and private agencies including but not limited to Louisiana State University Health Sciences Center-New Orleans, Louisiana State University Health Sciences Center-Shreveport, and St. Mary's Residential Training School in Alexandria, or others. This center should be the core of activities providing services to autistic citizens including but not limited to early diagnosis and intervention and individualized programs involving school, home, and community throughout the life span of autistic citizens. The center shall give assistance to private and public agencies providing services to autistic citizens and their families. The center shall become a resource and training facility for educators and others charged with educating autistic citizens. The center, as well as any facilities constructed as a part of the center upon the appropriation of funds, shall be located in Caddo Parish.

(2) Providing and/or coordinating all services to autistic citizens, other than those delineated by Part I of Chapter 8 of Title 17 of the Louisiana Revised Statutes of 1950 or otherwise mandated by law to be provided by the Department of Education.

(3) Coordination through formal agency agreements between the Louisiana Department of Health, its agencies, and the Department of Education to plan, develop, and implement longitudinal services to the autistic citizen.

(4) Coordination through formal agency agreements with the Division of Vocational Rehabilitation for the development and operation of community based vocational programs, job placement, follow up, and additional support services.

(5) The provision of living options in the community to include programming to meet the needs of each individual such as supervised apartment living and small group homes in the community.

(6) Development of community based support programs including case management, parent training, home programming and medical services.

(7) Continued support through formal agency agreements for the Department of Education's programs to train personnel who are providing services to autistic persons. This includes, but is not limited to, in-service training consisting of workshops and institutes.

(8) Encouragement and cooperation in the development of university preservice training programs to prepare preservice personnel who may provide services to autistic persons. These courses should have authorized access to autistic programs for course work and practicum.

(9) Increased and continuing efforts to support the Department of Education through formal agency agreements in providing effective educational services for children of ages three through twenty-one and to provide such services after age twenty-one.

(10) Coordination with the Louisiana Society for Autistic Children as representative of the parents of autistic children in the implementation of the provisions of this Chapter.

B. The services provided or coordinated by the Louisiana Department of Health shall be evaluated by the House and Senate committees on health and welfare at the end of the first fiscal year of the program and at the end of each subsequent fiscal year during which the program is continued. Such evaluation shall be designed to determine the effectiveness of the program in achieving its objectives.

C. A report of the evaluation shall be made to the legislature upon which recommendations for continued funding or termination of the program shall be based.

Acts 1988, 1st Ex. Sess., No. 1, §3, eff. Mar. 28, 1988; Acts 1989, No. 159, §3; Acts 2008, No. 154, §1; Acts 2018, No. 612, §14, eff. July 1, 2020; Acts 2019, No. 404, §1, eff. July 1, 2020.
La. Rev. Stat. § 46:352 — LA Code / Code revised-statutes / Title 46 / Section 352
Definitions
Status: in_force

As used in this Part, the following definitions apply:

(1) "Public assistance" means any of the following:

NOTE: Paragraph (1)(a) eff. until Oct. 1, 2027. See Acts 2025, No. 478.

(a) Cash benefits of the Family Independence Temporary Assistance Program administered by the Department of Children and Family Services.

NOTE: Paragraph (1)(a) as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.

(a) Cash benefits of the Family Independence Temporary Assistance Program administered by Louisiana Works.

(b) Nutrition assistance benefits of the Supplemental Nutrition Assistance Program administered by the Louisiana Department of Health.

(c) Medical assistance pursuant to Title XIX of the Social Security Act through the program commonly known as Medicaid administered by the Louisiana Department of Health.

(d) Child care assistance through the Child Care Assistance Program administered by the Louisiana Department of Education.

(2) "State partners" means the following state entities, collectively:

(a) Louisiana Works.

(b) The Department of Children and Family Services.

(c) The Louisiana Department of Health.

(d) The Louisiana Department of Education.

(e) The Louisiana Community and Technical College System.

Acts 2018, No. 271, §1; Acts 2022, No. 506, §1, eff. June 16, 2022; Acts 2025, No. 478, §12, eff. Oct. 1, 2025, §13, eff. Oct. 1, 2027.
La. Rev. Stat. § 46:433 — LA Code / Code revised-statutes / Title 46 / Section 433
Bond; account; oath and letters
Status: in_force

A. The curator shall be accountable at whatever intervals are specified by the court and the court shall have the right to require a bond or whatever other security is deemed necessary by the court to ensure the faithful performance of the curator's duties. The curator, upon being appointed, shall take an oath and letters of authority may be issued to him.

B. Failure by the curator to render an account satisfactory to the court shall be sufficient cause for the curator's dismissal and the appointment of another curator.

Added by Acts 1950, No. 166, §1. Amended by Acts 1956, No. 177, §1; Acts 1960, No. 61, §1; Acts 1961, No. 15, §1; Acts 2018, No. 206, §5; Acts 2025, No. 478, §12, eff. Oct. 1, 2025.
La. Rev. Stat. § 46:1132 — LA Code / Code revised-statutes / Title 46 / Section 1132
Scholarships; amount; number
Status: in_force

Each board desiring to award scholarships shall establish a policy setting out the maximum amount and number. This policy may be amended by the board as necessary. The number of scholarships granted and the amount of each scholarship granted pursuant to this Chapter shall not exceed the number and amount set forth in the policy.

Acts 1988, No. 54, §1.
La. Rev. Stat. § 46:2140 — LA Code / Code revised-statutes / Title 46 / Section 2140
Law enforcement officers; duties
Status: in_force

A. If a law enforcement officer has reason to believe that a family or household member or dating partner has been abused and the abusing party is in violation of a temporary restraining order, a preliminary or permanent injunction, or a protective order issued pursuant to R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2131 et seq., R.S. 46:2151, R.S. 46:2171 et seq., Children's Code Article 1564 et seq., Code of Civil Procedure Articles 3604 and 3607.1, or Code of Criminal Procedure Articles 30, 327.1, 335.1, 335.2, and 871.1, the officer shall immediately arrest the abusing party.

B. If a law enforcement officer has reason to believe that a family or household member or dating partner has been abused, and the abusing party is not in violation of a restraining order, a preliminary or permanent injunction, or a protective order, the officer shall immediately use all reasonable means to prevent further abuse, including:

(1) Arresting the abusive party with a warrant or without a warrant pursuant to Code of Criminal Procedure Article 213, if probable cause exists to believe that a felony has been committed by that person, whether or not the offense occurred in the officer's presence.

(2) Arresting the abusive party in case of any misdemeanor crime which endangers the physical safety of the abused person whether or not the offense occurred in the presence of the officer. If there is no cause to believe there is impending danger, arresting the abusive party is at the officer's discretion.

(3) Assisting the abused person in obtaining medical treatment necessitated by the battery; arranging for, or providing, or assisting in the procurement of transportation for the abused person to a place of shelter or safety.

(4) Notifying the abused person of his right to initiate criminal or civil proceedings; the availability of the protective order, R.S. 46:2136; and the availability of community assistance for domestic violence victims.

C.(1) When a law enforcement officer receives conflicting accounts of domestic abuse or dating violence, the officer shall evaluate each account separately to determine if one party was the predominant aggressor.

(2) In determining if one party is the predominant aggressor, the law enforcement officer may consider any other relevant factors, but shall consider the following factors based upon his or her observation:

(a) Evidence from complainants and other witnesses.

(b) The extent of personal injuries received by each person.

(c) Whether a person acted in self-defense.

(d) An imminent threat of future injury to any of the parties.

(e) Prior complaints of domestic abuse or dating violence, if that history can be reasonably ascertained by the officer.

(f) The future welfare of any minors who are present at the scene.

(g) The existence of a temporary restraining order, a preliminary or permanent injunction, or a protective order issued pursuant to R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2131 et seq., R.S. 46:2151, R.S. 46:2171 et seq., Children's Code Article 1564 et seq., Code of Civil Procedure Articles 3604 and 3607.1, or Code of Criminal Procedure Articles 30, 327.1, 335.1, 335.2, and 871.1. The officer shall presume that the predominant aggressor is the person against whom the order was issued.

(3)(a) If the officer determines that one person was the predominant aggressor in a felony offense, the officer shall arrest that person. The arrest shall be subject to the laws governing arrest, including the need for probable cause as otherwise provided by law.

(b) If the officer determines that one person was the predominant aggressor in a misdemeanor offense, the officer shall arrest the predominant aggressor if there is reason to believe that there is impending danger or if the predominant aggressor is in violation of a temporary restraining order, a preliminary or permanent injunction, or a protective order issued pursuant to R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2131 et seq., R.S. 46:2151, R.S. 46:2171 et seq., Children's Code Article 1564 et seq., Code of Civil Procedure Articles 3604 and 3607.1, or Code of Criminal Procedure Articles 30, 327.1, 335.1, 335.2, and 871.1. If there is no threat of impending danger or no violation of a temporary restraining order, a preliminary or permanent injunction, or a protective order, the officer may arrest the predominant aggressor at the officer's discretion, whether or not the offense occurred in the presence of the officer. An arrest pursuant to the provisions of this Subparagraph shall be subject to the laws governing arrest, including the need for probable cause as otherwise provided by law. The exceptions provided for in this Section shall apply.

(4) As used in this Subsection:

(a) "Dating violence" has the meaning as defined in R.S. 46:2151(C).

(b) "Domestic abuse" has the meaning as defined in R.S. 46:2132(3).

Acts 1985, No. 442, §1, eff. July 12, 1985; Acts 2003, No. 750, §6; Acts 2004, No. 882, §1; Acts 2014, No. 317, §3; Acts 2015, No. 85, §1.
La. Rev. Stat. § 46:1428 — LA Code / Code revised-statutes / Title 46 / Section 1428
Immunization information; influenza
Status: in_force

A. Each licensed specialized provider or child-placing agency, before November first of each year, shall make available to each child's parent or legal guardian and to each youth aged eighteen or above information relative to the risks associated with influenza and the availability, effectiveness, known contraindications, and possible side effects of the influenza immunization. Such information shall include the causes and symptoms of influenza, the means by which influenza is spread, and the places where a parent or legal guardian may obtain additional information and where a child or youth may be immunized against influenza. Such information shall be updated annually if new information on such disease is available.

B.(1) The Louisiana Department of Health shall develop and provide information on influenza immunization to the Department of Children and Family Services. The Department of Children and Family Services shall provide such information to each licensed specialized provider or child-placing agency, which shall make the information available to each child's parent or legal guardian and to each youth aged eighteen or above pursuant to Subsection A of this Section.

(2) The Louisiana Department of Health and the Department of Children and Family Services shall determine respectively the most cost-effective and efficient means of distributing such information.

C. The Department of Children and Family Services, in consultation with the Louisiana Department of Health, shall establish by rules and regulations all guidelines and procedures for carrying out the provisions of this Section in accordance with the Administrative Procedure Act.

D. Nothing in this Section shall be construed to require any specialized provider or child-placing agency, the Department of Children and Family Services, or the Louisiana Department of Health to provide or pay for immunizations against influenza.

Acts 2009, No. 343, §1; Acts 2013, No. 179, §1, eff. Jan. 1, 2014; Acts 2014, No. 868, §5, eff. Oct. 1, 2014; Acts 2016, No. 502, §1.
La. Rev. Stat. § 46:2184 — LA Code / Code revised-statutes / Title 46 / Section 2184
Definitions
Status: in_force

For purposes of this Chapter, "sexual assault" means any nonconsensual sexual contact including but not limited to any act provided in R.S. 15:541(24) or obscenity (R.S. 14:106).

Acts 2015, No. 242, §3.
La. Rev. Stat. § 46:2365 — LA Code / Code revised-statutes / Title 46 / Section 2365
Determination of interpreter's/transliterator's qualifications
Status: in_force

A. Before appointing an interpreter/transliterator, the appointing authority shall make a preliminary determination based on the needs of the person who is deaf or hard of hearing and upon the recommendation of the Louisiana Commission for the Deaf. If the interpreter/transliterator is not able to facilitate effective communication with the person who is deaf or hard of hearing, the appointing authority shall provide another qualified interpreter/transliterator.

B. Upon request of the person for whom the interpreter/transliterator is appointed, or on the appointing authority's own motion, an interpreter/transliterator may be removed for the inability to communicate with the person who is deaf or hard of hearing, or if, for reasonable cause, another interpreter/transliterator is so desired by the person who is deaf or hard of hearing for whom the interpreter/transliterator is serving.

Added by Acts 1982, No. 135, §1; Acts 2017, No. 146, §11.
La. Rev. Stat. § 46:1804 — LA Code / Code revised-statutes / Title 46 / Section 1804
Eligibility to apply for reparations
Status: in_force

A. A person who believes he is a victim of a crime enumerated in R.S. 46:1805, or his legal representative, or in the case of death, a dependent or the legal representative of a dependent, or the rightful claimant as defined in R.S. 46:1802(4), shall be eligible to make application to the board for reparations and shall be eligible for an award of reparations in accordance with the provisions of this Chapter.

B. During the sentencing for a crime, the judge shall inform the victim of the crime, or his legal representative, or in the case of death, a dependent or the legal representative of a dependent or the rightful claimant, of the potential eligibility for an award of reparations. The judge shall also provide the contact information for the Crime Victims Reparations Board to such persons for submitting an application to the board for an award of reparations.

Added by Acts 1982, No. 250, §1, eff. July 17, 1982. Acts 1995, No. 421, §1; Acts 2012, No. 396, §1.
La. Rev. Stat. § 46:1098.12 — LA Code / Code revised-statutes / Title 46 / Section 1098.12
Sale of ownership or control of hospital
Status: in_force

Notwithstanding any other law to the contrary, the board may sell to any person an ownership interest in the district hospital that results in the acquiring person holding less than fifty percent interest in the ownership or control of the hospital. The provisions of R.S. 33:4341 shall not apply to any sale pursuant to the authority granted in this Section.

Acts 2020, No. 365, §1, eff. June 12, 2020.
La. Rev. Stat. § 46:1098.4 — LA Code / Code revised-statutes / Title 46 / Section 1098.4
Board nominations by Slidell Memorial Hospital
Status: in_force

The board members from the Slidell Memorial Hospital medical staff shall be nominated and appointed as follows:

(1) Two practicing medical staff members of Slidell Memorial Hospital shall be nominated by the medical staff of the hospital. One nominee shall be the current chief of the medical staff or his medical staff designee, and the other shall be a staff member who regularly treats patients at the hospital and who has the majority of his practice at Slidell Memorial Hospital. Both physician nominees shall have long-standing professional ties to Slidell Memorial Hospital. Medical staff nominees are not required to reside within the geographical boundaries of the district.

(2) The appointing authority shall appoint as members of the board the two nominees of the medical staff.

(3)(a) Notwithstanding any other provision of law to the contrary, a licensed physician who is a member or former member of the board of commissioners elected pursuant to this Section, is not prohibited from contracting, subcontracting with another provider who contracts, owning an interest in an entity that contracts, or accepting employment with Slidell Memorial Hospital, provided that the contract is related to the licensed physician's practice of medicine or expertise as a licensed physician. However, such licensed physician shall recuse himself from participating in any transaction before the board relating to any contracts permitted by this Paragraph and entered into by him, by a provider with which he subcontracts, or by any entity in which he owns an interest.

(b) All contracts permitted by this Section, entered into while the physician is a member of the board of commissioners, shall be disclosed to the Louisiana Board of Ethics within thirty days of the execution of the contract. The disclosure shall include the parties to the contract, the purpose of the contract, and the date the contract was executed.

Acts 2020, No. 365, §1, eff. June 12, 2020.
La. Rev. Stat. § 46:2742 — LA Code / Code revised-statutes / Title 46 / Section 2742
Case mix reimbursement
Status: in_force

A. The Louisiana Department of Health shall establish a case mix reimbursement methodology for nursing homes.

B. No later than October 1, 2010, the department shall promulgate rules and regulations in accordance with the Administrative Procedure Act to provide for a case mix reimbursement system. The rules and regulations shall include, at a minimum, the following:

(1) A payment commensurate with the resource requirements of patients through the use of an acuity-based system such as Resource Utilization Groups III (RUGs III) or an acuity-based system with nursing resource predictability comparable to RUGs. The payment and resource requirements shall be adjusted quarterly based on the case mix score for all patients of the nursing facility. Individual nursing facility rates shall be adjusted quarterly based on the overall case mix. The direct care costs, as determined in this Section, shall be re-established when the rates are re-based in accordance with the provisions of this Section.

(2) A payment for direct care costs at a level to achieve quality outcomes for patients and which is no less than one hundred twelve and four-tenths percent of the median of direct care costs for all facilities. The system establishes a spending floor of no more than ninety-four percent of the median direct care costs. If the department implements, through properly promulgated rules, reductions decreasing the average rate established under this system before any inflationary adjustments, the direct care spending floor shall be decreased in accordance with Subsection C of this Section.

(3) Incentives to encourage the admission and care of heavy-care patients.

(4) A rate for administrative and operating costs that is no less than one hundred and seven and one-half percent of the median administrative and operating costs of all facilities that provides facilities the resources to:

(a) Recruit qualified employees.

(b) Expand training and education.

(c) Implement competency standards.

(d) Develop the organizational capacity to implement quality management systems and practice guidelines.

(5) A rental system for payment of property costs that:

(a) Differentiates payment based upon the size, age, and condition of the facility. The system establishes a minimum of three hundred square feet per licensed bed and a maximum of four hundred and fifty square feet per licensed bed provided that the maximum square feet per licensed bed may be waived for consideration of private rooms.

(b) Provides the capital for renovation, improvement, and replacement of facilities by establishing a minimum rate of return of nine and one-quarter percent, a maximum annual depreciation rate of one and one-quarter percent and a maximum depreciable life of thirty years. The system will utilize current construction costs, indexed for inflation, adjusted by the facility's age and renovations and improvements to determine the facility's value.

(c) Encourages investment in physical plant upgrades and renovations by reducing the effective age, on a quarterly basis, of the facility for physical plant upgrades and renovations placed in service during the quarter. The reduction in the effective age will result in the facility value increasing by the cost of the renovation.

(d) Encourages long-term ownership by limiting the minimum occupancy penalty to no more than eighty-five percent of the licensed bed capacity and by reimbursing on the basis of the facility value as opposed to reimbursing on accounting cost.

(6) A rate pass-through for property taxes, property insurance, and provider fees.

(7) Utilization of the most current cost reports which shall be either audited or given an estimated audit adjustment factor based on historical audits for rate rebasing, at a minimum, biennially.

(8) Utilization of inflation factors that are predictive of actual nursing home cost increases during the rate year. At a minimum, the inflation factor to be applied shall be the Skilled Nursing Home without Capital Market Basket Index, published by Data Resources Incorporated, or a comparable index, if this index ceases to be published. The inflation factors shall be applied to the costs from the mid-point of the cost report year and projected to the mid-point of the rate year.

(9) A method for providing interim adjustments to the rates for unanticipated changes in costs.

(10) A provision for cost reports that shall be prepared in accordance with the cost reporting instructions adopted by the Medicare program using the definition of allowable and non-allowable costs contained in the Medicare/Medicaid provider reimbursement manual, with the exception that the department shall determine due dates and extensions.

(11) Rebasing of rates shall occur, at a minimum, biennially.

C. In the event the Louisiana Department of Health is required to implement reductions in the nursing home program as a result of a budget shortfall, a budget reduction category shall be created. This category shall reduce the statewide average Medicaid rate, without changing the parameters established in this Section, by reducing the reimbursement rate paid to each nursing home using an equal amount per patient per day. The direct care spending floor shall be decreased one percentage point for each thirty-cent reduction in the average Medicaid rate computed under this system not to be reduced to below ninety percent of the median.

D. Repealed by Acts 2018, No. 612, §22, eff. July 1, 2020.

Acts 2001, No. 694, §1, eff. July 1, 2001; Acts 2006, No. 848, §1; Acts 2009, No. 244, §1, eff. July 1, 2009; Acts 2010, No. 150, §1, eff. July 1, 2011; Acts 2010, No. 891, §1; Acts 2018, No. 612, §22, eff. July 1, 2020; Acts 2019, No. 404, §1, eff. July 1, 2020; Acts 2022, No. 271, §5.
La. Rev. Stat. § 46:2305 — LA Code / Code revised-statutes / Title 46 / Section 2305
Native American Commission; creation; membership; compensation
Status: in_force

A. The Native American Commission is hereby created within the Governor's Office of Indian Affairs. The commission shall serve in an advisory capacity to the Governor's Office of Indian Affairs.

B. The following shall each appoint one member:

(1) Adai Caddo Indians of Louisiana.

(2) Bayou Lafourche Band of Biloxi-Chitimacha-Choctaw.

(3) Chitimacha Tribe of Louisiana.

(4) Choctaw-Apache Tribe of Ebarb.

(5) Clifton Choctaw Tribe of Louisiana.

(6) Coushatta Tribe of Louisiana.

(7) Four-Winds Cherokee Tribe.

(8) Grand Caillou/Dulac Band.

(9) Isle de Jean Charles Band of Biloxi-Chitimacha-Choctaw Tribe.

(10) Jena Band of Choctaw Indians.

(11) Louisiana Band of Choctaw Indians.

(12) Natchitoches Tribe of Louisiana.

(13) Point au Chien Tribe.

(14) Tunica-Biloxi Tribe of Louisiana.

(15) United Houma Nation.

C. The following members shall serve as ex officio members:

(1) The director of the Governor's Office of Indian Affairs.

(2) The secretary of the Department of Veterans Affairs or designee.

(3) The state archeologist or his designee.

D. The commission may add state-recognized tribes and federally recognized tribes to its membership as tribes are officially granted state or federal recognition.

E. All appointments shall be made for four years except in cases where appointees are unable to complete their terms. If a member is unable to complete his term, the appointing entity shall appoint a member for the length of the unexpired term.

F. The commission shall elect as officers a chairperson, vice chairperson, and secretary from its membership. All officers shall serve for two years. The commission shall create its own bylaws. The commission shall meet at least once every quarter, and may meet more often as determined by the chairman.

G. A majority of the voting membership shall constitute a quorum. All official business of the commission shall require the affirmative vote of not less than a majority of the members present. Voting by proxy is prohibited.

H. Commission members shall not receive compensation or a per diem for their services or attendance at council meetings, except for those travel-related expenses already provided for by their agency.

I. The commission shall be domiciled in East Baton Rouge Parish.

J. The commission shall do the following:

(1) Advise the Governor's Office of Indian Affairs regarding issues pertaining to Native Americans.

(2) Identify the needs and concerns of the Native Americans in Louisiana and bring such needs and concerns to the attention of the Governor's Office of Indian Affairs.

(3) Make recommendations to the Governor's Office of Indian Affairs to address the needs and concerns of Native Americans in Louisiana.

(4) Establish criteria for state tribe recognition and recommend criteria to the Governor's Office of Indian Affairs and legislature for adoption and implementation.

(5) Review applications for the Office of Indian Affairs Scholarship and recommend scholarship awardees to the Governor's Office of Indian Affairs.

(6) Promote Native American culture, awareness, and education across the state.

(7) Promote Native American Heritage Month in Louisiana.

(8) Conduct a comprehensive review of all state departments and agencies to identify obstacles to the effective delivery of governmental services by all service providers at all levels of government to Native Americans, propose methods for removing those obstacles, and submit such proposals to the appropriate governmental entity or entities.

K. The commission shall have authority to request consultation or information, or both, from any state department or agency serving Native Americans. The department or agency shall give priority to the request and shall provide the data or assistance as requested. The commission shall maintain the confidentiality of any information or records provided, as required by laws relative to such information and records.

L. The Governor's Office of Indian Affairs shall assist as needed in providing staff support for the council, including but not limited to the scheduling of meetings.

M. Legislation may be recommended by the commission to the Governor's Office of Indian Affairs only upon approval by a two-thirds vote of the commission members present. The commission shall not recommend legislation that would impair ownership interests in any immovable property or any mineral rights associated therewith.

N. The commission shall annually issue a report of its findings and recommendations to the governor and legislature.

Acts 2018, No. 102, §1.
La. Rev. Stat. § 46:1906 — LA Code / Code revised-statutes / Title 46 / Section 1906
Delinquents and children in need of services; custody, supervision, and services
Status: in_force

A. With respect to children who have been adjudicated delinquent or in need of services in a Families in Need of Services case, by a court of competent jurisdiction and in addition to the provisions of R.S. 46:1905, the department shall:

(1) Accept legal custody on the day of disposition of all children placed in its custody by the court pursuant to the applicable provisions of the Louisiana Children's Code and Part I of Chapter 6 of Title 13; and

(2) Provide services pursuant to this Chapter over such children as are placed on probation or determined to be in need of services in a Families in Need of Services case by the court pursuant to the applicable provisions of the Louisiana Children's Code, Part I of Chapter 6 of Title 13, and Chapter 11 of this Title.

B.(1) Subject to appropriation, the department shall pay to any nonstate-owned facility for feeding and maintaining each child who is adjudicated delinquent or in need of services in a Families in Need of Services case and committed to the department by a court to be held in a nonsecure environment, and who is held in such nonsecure facility due to the inability of the department to place the child, the same daily amount as is paid by the department for keeping and feeding individuals committed to the department and confined in local or parish jails.

(2) Subject to appropriation, the department shall pay to any nonstate-owned facility for feeding and maintaining each child who is adjudicated delinquent and committed to the department by a court to be held in a secure environment, and who is held in such a secure facility for any reason, an amount equal to ninety percent of the current weighted average of the amount paid state detention facilities, determined to be $96.43 for the year 2001, to be adjusted yearly on July first, pursuant to the Consumer Price Index.

(3) Subject to appropriation, each nonstate-owned facility shall file a monthly report with the department and shall be paid for the charges set forth in the provisions of this Subsection on a monthly basis by the department.

(4) No local governing authority shall be required to pay any nonstate-owned facility for feeding and maintaining any child who has been adjudicated delinquent or in need of services in a Families in Need of Services case and placed in the department's custody.

(5) Nothing herein shall be construed as preventing the department from entering into agreements with nonstate-owned facilities or preventing local governing authorities from selecting payment amounts or procedures different from the provisions contained in this Section.

C. With respect to children between the ages of twelve and nineteen who have been placed in the custody of the local juvenile detention facility, each child shall be immunized with the hepatitis B vaccine during the intake process at any state or nonstate-owned facility. The Vaccines for Children Program through the office of public health shall be responsible for providing and dispensing the hepatitis B vaccine to each facility as provided for in R.S. 46:977. The office of public health shall utilize the Louisiana Immunization Network for Kids (LINKS) to track the hepatitis B vaccination, as well as all other vaccinations given to juveniles while in the custody of local juvenile detention facilities. Detainees released before completion of the series of three immunizations shall be referred to health units or other providers for completion of the series of doses.

Added by Acts 1974, No. 558, §1, emerg. eff. July 12, 1974. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1984, No. 567, §9, eff. Jan. 1, 1985; Acts 1987, No. 171, §1; Acts 2001, No. 1018, §1, eff. June 27, 2001; Acts 2004, No. 624, §1; Acts 2022, No. 271, §5.
La. Rev. Stat. § 46:460.81 — LA Code / Code revised-statutes / Title 46 / Section 460.81
Right of providers to independent review; applicability
Status: in_force

A. If a provider's claim is subject to an adverse determination evidenced in a remittance advice or other written or electronic notice from a managed care organization, then the provider shall have a right to an independent review of the adverse action taken by the managed care organization. Such independent review shall be governed by the provisions of this Subpart and any applicable rules and regulations promulgated by the department pursuant to the Administrative Procedure Act. The provisions of this Subpart shall not otherwise prohibit or limit any alternative legal or contractual remedy available to a provider to contest the partial or total denial of a claim for payment for healthcare services. Any contractual provision executed between a provider and a managed care organization which seeks to limit or otherwise impede the appeal process as set forth in this Subpart shall be null, void, and deemed to be contrary to the public policy of this state.

B. The provisions of this Subpart shall not apply to any adverse determination associated with a claim filed with a managed care organization prior to January 1, 2018, regardless of whether the claim is re-filed after that date. For all adverse determinations related to claims filed on or after January 1, 2018, the state shall not mandate that the provider and managed care organization resolve the claim payment dispute through arbitration.

C. An adverse determination involved in litigation or arbitration or not associated with a Medicaid enrollee shall not be eligible for independent review under the provisions of this Subpart.

D. Notwithstanding any other provision of law, a mental health rehabilitation services provider shall have the right to an independent review of an adverse determination taken by a managed care organization that results in a recoupment of the payment of a claim based upon a finding of waste or abuse.

Acts 2017, No. 349, §2; Acts 2021, No. 204, §2, eff. Jan. 1, 2022.
La. Rev. Stat. § 46:2171.1 — LA Code / Code revised-statutes / Title 46 / Section 2171.1
Jurisdiction
Status: in_force

Any district court in the state of Louisiana which is empowered to hear civil matters shall have jurisdiction over proceedings appropriate to it under this Chapter.

Acts 2014, No. 355, §2.
La. Rev. Stat. § 46:937.1 — LA Code / Code revised-statutes / Title 46 / Section 937.1
Eligibility; services provided
Status: in_force

NOTE: Subsection A eff. until one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier. See Acts 2013, No. 384, §§5 and 9.

A. Eligibility for this program shall be initially determined on the basis of the comprehensive assessment required by R.S. 46:937. No person shall receive services under this program without such services being authorized on the basis of the comprehensive assessment results.

NOTE: Subsection A as amended by Acts 2013, No. 384, §5, eff. when one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier.

A. Eligibility for the frail elderly program shall be initially determined on the basis of the comprehensive assessment required by R.S. 46:937. No person shall receive services under this program without such services being authorized on the basis of the comprehensive assessment results.

NOTE: Paragraph (B)(1) eff. until one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier. See Acts 2013, No. 384, §§5 and 9.

B.(1) Services to be provided under this program shall be limited to those services provided in the person's home or those services intended to maintain the person's ability to live at home. These shall include but need not be limited to the social, nutrition, and support services currently provided by the councils on aging, such as home-delivered meals, respite care, homemaker services, and chore assistance.

NOTE: Paragraph (B)(1) as amended by Acts 2013, No. 384, §5, eff. when one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier.

B.(1) Services to be provided under the frail elderly program shall be limited to those services provided in the person's home or those services intended to maintain the person's ability to live at home. These shall include but need not be limited to the social, nutrition, and support services currently provided by the councils on aging, such as home-delivered meals, respite care, homemaker services, and chore assistance.

(2) The program shall also include minor home repairs and routine maintenance. Minor home repairs and routine maintenance shall be limited to those repairs and maintenance items performed at no charge that do not require a building permit and which are intended to maintain the person's ability to live at home as well as to provide for the person's comfort and safety. Any persons providing minor home repair or routine maintenance services through this program shall not be subject to any applicable state licensing laws unless such persons are performing plumbing repairs. Any person performing plumbing repairs shall either possess a valid license to perform such repairs or furnish proof that he previously possessed such license and the license was not revoked or suspended for cause. However, all repair work must be performed in accordance with applicable building codes.

NOTE: Paragraph (B)(3) eff. until one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier. See Acts 2013, No. 384, §§5 and 9.

(3) All other services provided through this program shall be subject to any applicable state licensing laws and to such service standards as may be promulgated by the office.

NOTE: Paragraph (B)(3) as amended by Acts 2013, No. 384, §5, eff. when one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier.

(3) All other services provided through the frail elderly program shall be subject to any applicable state licensing laws and to such service standards as may be promulgated by the department.

C.(1) Participating voluntary councils on aging may establish a referral service for home repair and maintenance work. Such referral service shall provide the names of reputable, licensed contractors and repairmen who are willing to provide repair services for a fee. The council and any director or employee shall be immune from any civil liability that might otherwise be incurred or imposed as a result of a referral of a particular contractor absent willful and wanton misconduct.

(2) Participating voluntary councils on aging may recruit and coordinate volunteers to provide minor home repair and maintenance services as described in Subsection B of this Section which do not require the use of a licensed technician or a building permit.

Acts 1992, No. 358, §1, eff. June 17, 1992; Acts 1995, No. 1134, §1, eff. June 29, 1995; Acts 2013, No. 384, §5, eff. when one of the 20 executive branch depts. is abolished or a const. amend. authorizing creation of an additional dept. becomes effective, whichever is earlier.
La. Rev. Stat. § 46:2406 — LA Code / Code revised-statutes / Title 46 / Section 2406
Comprehensive state plan for child abuse prevention
Status: in_force

A. The board shall make recommendations to the cabinet regarding the comprehensive state plan for child abuse prevention programs.

B. The cabinet shall transmit the comprehensive state plan for child abuse prevention programs funded through the Children's Trust Dedicated Fund Account to the governor, the president of the Senate, and the speaker of the House of Representatives every five years beginning on January 1, 2018, and shall review the plan for necessary changes annually.

C. The plan shall include but not be limited to the following:

(1) An analysis of service and program needs.

(2) Specific proposals for plan implementation, including efficient use of the Children's Trust Dedicated Fund Account staff, funds, and resources on the state level and improvement in the coordination and integration of state goals, activities, and funds for programs for child abuse prevention.

D. The board shall recommend rules to the cabinet that establish procedures for preparation and adoption of the plan.

E. Prior to adoption of the state plan, the cabinet shall submit the plan it proposes to adopt to the Senate and House committees on health and welfare for approval as provided in R.S. 49:966. The comprehensive state plan shall be subject to approval as provided in R.S. 49:966.

F. The board shall review the state plan at least biennially and make recommendations to the cabinet regarding any needed revision.

G. The Department of Children and Family Services, the Department of Public Safety and Corrections, and the Department of Education shall participate and cooperate in the development of the state plan as deemed necessary by the cabinet.

Acts 1987, No. 932, §1, eff. July 20, 1987; Acts 2017, No. 237, §2; Acts 2021, No. 114, §18, eff. July 1, 2022.
La. Rev. Stat. § 46:284 — LA Code / Code revised-statutes / Title 46 / Section 284
Confidentiality of records of investigation; penalty
Status: in_force

A. Any information derived from the investigation required by this Subpart, including the source of information, and any conclusions or recommendations based on the information shall be confidential, shall not be transmitted outside of the office of community services, and shall not be transmitted within that office except to the extent necessary for the purpose of evaluating the application. Such information shall be made available, upon request of the applicant, to the applicant or his designee, except as prohibited from disclosure by R.S. 46:56.

B. Whoever violates any provision of this Section shall be punished by imprisonment for not more than six months or a fine of not more than five hundred dollars, or both.

Added by Acts 1978, No. 741, §1. Acts 1995, No. 696, §1, eff. June 21, 1995.
La. Rev. Stat. § 46:2610 — LA Code / Code revised-statutes / Title 46 / Section 2610
Community-based, school-based, and regionally based sanctions and services grant program
Status: in_force

A. The legislature hereby finds that the state's over-reliance on juvenile incarceration, especially in large correctional institutions, is contrary to the best interests and well-being of juveniles and frequently inconsistent with the state and federal law requiring intervention by the least restrictive method. The legislature further finds that the lack of available alternatives within local communities is a significant factor in the over-incarceration of juveniles in such large correctional facilities.

B. To address such lack of available alternatives to the incarceration of juveniles, the legislature declares it to be the policy of the state of Louisiana to assist in the development and establishment of a community-based, school-based, and regionally based system of progressive intensive sanctions and treatment programs and services for juveniles who have committed or are at risk of committing delinquent acts.

C. The purposes of this Section shall be to assist in the provision of appropriate preventive, diversionary, and dispositional alternatives for juveniles, encourage coordination of the elements of the juvenile services system, and provide an opportunity for local involvement in developing community-based, school-based, and regionally based programs for juveniles so that the following objectives may be obtained:

(1) Improved deterrence of juvenile crime by providing immediate, effective, and more cost-effective sanctions that emphasize accountability for the juvenile offender for his actions and reduce the pattern of repeat offending.

(2) Preservation of the family unit whenever the best interests of the juvenile are served and such preservation does not place the juvenile at imminent risk.

(3) Limitation on intervention to those actions which are necessary and the utilization of the least restrictive yet most effective and appropriate resources.

(4) Encouragement of active family participation, except when the best interests of the juvenile indicates otherwise.

(5) Treatment in the community rather than commitment to a distant correctional facility, except when the best interests of the juvenile indicates otherwise.

(6) Assistance in the development of alternatives to secure temporary custody for juveniles who do not require secure detention.

(7) Encouragement of a public and private partnership in the design and delivery of services for juveniles.

(8) Encouragement of parental responsibility and the provision of community-based sanctions and services for juveniles and their families, holding child and family accountable for their behavior.

(9) Encouragement of the principles and practices of balanced and restorative justice.

D.(1) To be eligible for participation in this services grant program, a parish or municipal governing authority, a court or other governmental entity, or a school system shall adopt a plan for their jurisdiction based on the principles of the comprehensive strategy and balanced and restorative justice and as required by the guidelines to be prepared and promulgated by the cabinet and approved by the legislature. The applicant entity shall submit its plan to the cabinet at such times and in advance of such deadlines as defined by the cabinet. In the event a single state entity is created pursuant to R.S. 46:2757, oversight and administration of this program shall be transferred to said entity.

(2) Plans may also be submitted jointly by two or more parishes, municipal governments, courts, or school boards within any regional service area.

E. After approval of an applicant's plan, an applicant may submit, at times specified by the cabinet, a proposal for funding one or more community-based, school-based, or regionally based sanctions or pre-dispositional and post-dispositional services that are consistent with the applicant's plan and that are nationally validated exemplary or promising programs as indicated in the guidelines promulgated by the cabinet or, after its creation, the department.

F. A parish or municipal governing authority, court or other governmental entity, or a school system may contract with an independent, private for-profit or not-for-profit organization to provide the community-based, school-based, or regionally based services contained in the applicant's plan; however, the request for funding of one or more of the approved services or programs shall contain a statement regarding the existence of such contract and its terms.

G.(1) To receive funding for a grant, applicants must provide a cash match based on a percentage of total cost not to exceed twenty percent as indicated in the schedule of match percentages to be provided by the cabinet in its programmatic guidelines.

(2) Funding requests for approved plans submitted jointly by two or more parishes, municipal governments, courts, or school boards within a regional service area shall be given preference for funding should funds be limited.

H. Each recipient shall report quarterly to the director of the cabinet such data as may be required by the cabinet or the department to measure progress on stated objectives and to evaluate programs and services provided by each recipient.

Acts 2003, No. 1225, §6.
La. Rev. Stat. § 46:460.10 — LA Code / Code revised-statutes / Title 46 / Section 460.10
Drug testing for certain adult recipients of public assistance; legislative policy; procedures
Status: in_force

A. The legislature hereby reaffirms the legitimate government function of promoting the safety and welfare of children and adults. The legislature declares that the best interests of a significant portion of the state's population are served by ensuring that they are free of the physical and mental impairments associated with drug dependence. The legislature further reaffirms its compelling interest in providing safeguards to eliminate the misappropriation of entitlement benefits. The legislature hereby directs the secretary of the Department of Children and Family Services in consultation with the secretary of the Louisiana Department of Health and the commissioner of administration to establish a mandatory drug testing program for certain adults in the Temporary Assistance for Needy Families Block Grant Program.

B. The secretary of the Department of Children and Family Services shall cause to be instituted a mandatory drug testing program for certain adult participants, to be determined by the secretary in consultation with the secretary of the Louisiana Department of Health and the commissioner of administration, in the Temporary Assistance for Needy Families Block Grant Program. No participant shall be tested if such testing is prohibited by federal law. No sanction shall be imposed on an adult participant if such sanction is prohibited by federal law. Such testing program shall provide procedural safeguards to ensure the protection of the constitutional rights of the program participants and provide that testing shall be done by state certified laboratories.

C. The required drug testing program shall require a participant to complete an education and rehabilitation program upon the initial identification of such participant as an illegal drug user verified by a positive test result as a prerequisite to continued receipt of benefits. Further, the drug testing program shall provide for the suspension of participation in such entitlement program for a participant subsequently identified by a verified positive test result as an illegal drug user; however, in no event shall participation in such entitlement program be suspended while the participant is taking part in the education and rehabilitation program or until an education and rehabilitation program is available to the participant. The secretary of the Department of Children and Family Services in conjunction with the secretary of the Louisiana Department of Health and the commissioner of administration shall provide a program of education and rehabilitation for participants so identified as illegal drug users. Such program shall include regulations governing the reentry of a suspended recipient into the entitlement program based on subsequent testing results and completion of education and rehabilitation programs. Such program shall also include the provision of inpatient services for any participant identified as an illegal drug user if it is determined that such inpatient services are necessary for successful rehabilitation.

D. The secretary of the Department of Children and Family Services in consultation with the secretary of the Louisiana Department of Health and the commissioner of administration shall promulgate rules and regulations to implement the provisions of this Section in accordance with the Administrative Procedure Act. Such rules and regulations shall provide that the cost of testing participants for the presence of illegal drugs and the treatment of such participants pursuant to the provisions of this Section shall be borne by the department or departments that grant the applicable public assistance.

E. The secretary shall prepare a written statistical report on the program and submit the report to the legislature on or before January 1, 1999 and annually thereafter.

NOTE: §460.10 as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.

§460.10. Drug testing for certain adult recipients of public assistance; legislative policy; procedures

A. The legislature hereby reaffirms the legitimate government function of promoting the safety and welfare of children and adults. The legislature declares that the best interests of a significant portion of the state's population are served by ensuring that they are free of the physical and mental impairments associated with drug dependence. The legislature further reaffirms its compelling interest in providing safeguards to eliminate the misappropriation of public assistance benefits. The legislature hereby directs the secretary of Louisiana Works, in consultation with the secretary of the Louisiana Department of Health and the commissioner of administration, to establish a mandatory drug testing program for certain adults in the Temporary Assistance for Needy Families Block Grant Program.

B.(1) The secretary of Louisiana Works shall cause to be instituted a mandatory drug testing program for certain adult participants, to be determined by the secretary in consultation with the secretary of the Louisiana Department of Health and the commissioner of administration, in the Temporary Assistance for Needy Families Block Grant Program. However, no participant shall be tested if such testing is prohibited by federal law. No sanction shall be imposed on an adult participant if such sanction is prohibited by federal law.

(2) The testing program shall provide procedural safeguards to ensure the protection of the constitutional rights of the program participants and provide that testing shall be done by state certified laboratories.

C.(1) The required drug testing program shall require a participant to complete an education and rehabilitation program upon the initial identification of the participant as an illegal drug user verified by a positive test result as a prerequisite to continued receipt of benefits. Further, the drug testing program shall provide for the suspension of participation in the public assistance program for a participant subsequently identified by a verified positive test result as an illegal drug user. However, in no event shall participation in the public assistance program be suspended while the participant is taking part in the education and rehabilitation program or until an education and rehabilitation program is available to the participant.

(2)(a) The secretary of Louisiana Works, in conjunction with the secretary of the Louisiana Department of Health and the commissioner of administration, shall provide a program of education and rehabilitation for participants so identified as illegal drug users.

(b) The program shall include regulations governing the reentry of a suspended participant into the public assistance program based on subsequent testing results and completion of education and rehabilitation programs.

(c) The program shall also include the provision of inpatient services for any participant identified as an illegal drug user if it is determined that such inpatient services are necessary for successful rehabilitation.

D. The secretary of Louisiana Works, in consultation with the secretary of the Louisiana Department of Health and the commissioner of administration, shall promulgate rules and regulations to implement the provisions of this Section in accordance with the Administrative Procedure Act. Such rules and regulations shall provide that the cost of testing participants for the presence of illegal drugs and the treatment of such participants pursuant to the provisions of this Section shall be borne by the department or departments that grant the applicable public assistance.

E. The secretary of Louisiana Works shall prepare a written statistical report on the program and submit the report to the legislature on or before January 1, 1999, and annually thereafter.

Acts 1997, No. 1459, §1; Acts 2025, No. 478, §13, eff. Oct. 1, 2027.

NOTE: ACTS 1997, NO. 1459, §4, PROVIDES FOR EFFECTIVENESS UPON ALLOCATION OF FUNDS.
La. Rev. Stat. § 46:14 — LA Code / Code revised-statutes / Title 46 / Section 14
Discouraging the abuse of state charity hospital aid
Status: in_force

The department may study abuse of state charity hospital aid, and may take necessary measures to discourage the abuse.

Amended by Acts 1978, No. 786, §6, eff. July 17, 1978.
La. Rev. Stat. § 46:2116.1 — LA Code / Code revised-statutes / Title 46 / Section 2116.1
Definitions
Status: in_force

As used in this Chapter, the following terms shall have the meaning ascribed to them in this Section, unless the context clearly requires otherwise:

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

(2) "Person with significant disabilities" means a person with loss of sensory or motor functions interfering with activities of daily living to the extent that the person requires assistance with nonmedical personal care needs, domestic or cleaning needs, dressing and undressing, moving into and out of bed, ambulation, related services including but not limited to meal preparation, laundry, and grocery shopping, and other similar activities of daily living.

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

(4) "State personal assistance services" means goods and services which are required by a person with significant disabilities age eighteen or older to increase a person's independence or substitute for a person's dependence on human assistance.

Acts 1987, No. 781, §1; Acts 1990, No. 653, §1, eff. July 19, 1990; Acts 2006, No. 617, §1; Acts 2010, No. 939, §8, eff. July 1, 2010; Acts 2014, No. 493, §1, eff. June 5, 2014; Acts 2018, No. 206, §7.
La. Rev. Stat. § 46:2148 — LA Code / Code revised-statutes / Title 46 / Section 2148
State domestic violence coalition; appeal hearing prior to disciplinary action; notification requirements; mandatory representation
Status: in_force

A. The state domestic violence coalition of Louisiana shall not take any action against a member of the coalition or domestic violence services provider that would adversely affect the member's or provider's ability to furnish shelter or supportive services to the victims of domestic abuse and their families in Louisiana unless all of the following conditions are satisfied:

(1) No less than thirty days prior to the disciplinary action being imposed, the state domestic violence coalition provided to the member or domestic violence services provider written notice containing a description of the proposed disciplinary action, the facts setting forth the basis for the proposed disciplinary action, and a statement that the member or provider has the right to request an appeal hearing before the state domestic violence coalition.

(2) If the member or domestic violence services provider requested an appeal hearing, the state domestic violence coalition gave the member or provider written notice of the scheduled appeal hearing and the opportunity to present arguments or evidence in support of the member's or provider's position.

B.(1) No later than forty-eight hours after any disciplinary action is taken by the coalition against any member of the coalition or domestic violence services provider, the state domestic violence coalition of Louisiana shall give written notice to the Department of Children and Family Services, the House and Senate committees on health and welfare, and the representative and senator for any district for which the member or provider renders services.

(2) The written notification required by this Section shall contain, at a minimum, a description of the disciplinary action and the facts setting forth the basis for the disciplinary action. However, the written notification and any other disclosure shall not contain any privileged communications or records and shall be communicated to the parties listed in Paragraph (1) of this Subsection in strict compliance with the provisions of R.S. 46:2124.1.

C. For the purposes of this Section, "shelter", "state domestic violence coalition", and "supportive services" have the same meaning assigned in 42 U.S.C. 10402.

Acts 2015, No. 328, §1.
La. Rev. Stat. § 46:1356 — LA Code / Code revised-statutes / Title 46 / Section 1356
Limitation of liability
Status: in_force

No person shall have a cause of action against any director, employee, or agent, including any volunteer, of an approved runaway and homeless youth facility or program as a result of an act or failure to act while admitting, releasing, or caring for a youth, unless such act or failure to act was a result of gross negligence or intentional misconduct by the director, employee, agent, or any volunteer.

Acts 1989, No. 803, §1, eff. July 11, 1989.