La. Rev. Stat. § 46:1802 — LA Code / Code revised-statutes / Title 46 / Section 1802
Definitions
Status: in_force

As used in this Chapter:

(1) "Accessory" includes an accessory after the fact and also a principal, as those terms are defined by the Louisiana Criminal Code.

(2) "Board" means the Crime Victims Reparations Board.

(3) "Child" means an unmarried person under eighteen years of age, and includes a natural child, adopted child, stepchild, child born outside of marriage, any of the above who is a student not over twenty-three years of age, and a child conceived prior to but born after the personal injury or death of the victim.

(4) "Claimant" means a victim or a dependent of a deceased victim, or the legal representative of either, an intervenor, the healthcare provider who provides healthcare services associated with a forensic medical examination as defined in R.S. 15:622, or in the event of a death, a person who legally assumes the obligation or who voluntarily pays the medical or the funeral or burial expenses incurred as a direct result of the crime.

(5) "Collateral source" means a source of benefits for pecuniary loss awardable, other than under this Chapter, which the claimant has received or which is readily available to him or her from any or all of the following:

(a) The offender under an order of restitution to the claimant imposed by a court as a condition of probation or otherwise.

(b) The United States or a federal agency, a state or any of its political subdivisions, or an instrumentality of two or more states.

(c) Social Security, Medicare, and Medicaid.

(d) Workers' compensation.

(e) Wage continuation programs of an employer.

(f) Proceeds of a contract of insurance payable to the claimant for pecuniary loss sustained by the claimant by reason of the crime.

(g) A contract providing prepaid hospital and other health care services, or benefits for disability.

(6) "Dependent" means a spouse or any person who is a dependent of a victim within the meaning of Section 152 of the United States Internal Revenue Code (26 U.S.C. 152).

(7) "Healthcare facility" means a facility or institution providing healthcare services, including but not limited to a hospital or other licensed inpatient center; ambulatory surgical or treatment center; skilled nursing facility; inpatient hospice facility; residential treatment center; diagnostic, laboratory, or imaging center; or rehabilitation or other therapeutic health setting.

(8) "Healthcare provider" means a physician or other healthcare practitioner licensed, certified, registered, or otherwise authorized to perform specified healthcare services consistent with state law.

(9) "Healthcare services" means services, items, supplies, or drugs for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease ancillary to a sexually oriented offense.

(10) "Intervenor" means a person who goes to the aid of another and is killed or injured in the good faith effort to prevent a crime covered by this Chapter, to apprehend a person reasonably suspected of having engaged in such a crime, or to aid a peace officer. "Peace officer" shall include commissioned police officers, sheriffs, deputy sheriffs, marshals, deputy marshals, correctional officers, constables, wildlife enforcement agents, and probation and parole officers.

(11) "Pecuniary loss" means the amount of expense reasonably and necessarily incurred by reason of personal injury, as a consequence of death, or a catastrophic property loss, and includes:

(a) For personal injury:

(i) Medical, hospital, nursing, or psychiatric care or counseling, and physical therapy.

(ii) Actual loss of past earnings and anticipated loss of future earnings because of a disability resulting from the personal injury or the receipt of medically indicated services by a victim related to the personal injury.

(iii) Care of a child or dependent.

(iv) Counseling or therapy for the parents or siblings of a child who is the victim of a sexual crime.

(v) Loss of support for a child victim of a sexual crime not otherwise compensated for as a pecuniary loss for personal injury.

(vi) Relocation for claimants who have to relocate as a result of the crime for reasons of personal safety or other reasons reasonably related to the crime.

(b) As a consequence of death:

(i) Funeral, burial, or cremation expenses.

(ii) Loss of support to one or more dependents not otherwise compensated for as a pecuniary loss for personal injury.

(iii) Care of a child or children enabling the surviving spouse of a victim or the legal custodian or caretaker of the deceased victim's child or children to engage in lawful employment, where that expense is not otherwise compensated for as a pecuniary loss for personal injury.

(iv) Counseling or therapy for any surviving family member of the victim or any person in close relationship to such victim.

(v) Crime scene cleanup.

(vi) Relocation for claimants who have to relocate as a result of the crime due to the death of the victim.

(c) As to catastrophic property loss, the loss must be so great as to cause overwhelming financial effect on the victim or other claimant and shall be restricted to loss of abode.

(d) Any other expense associated with the collection and securing of crime scene evidence.

(12) "Pecuniary loss" does not include loss attributable to pain and suffering.

(13) "Reparations" means payment of compensation in accordance with the provisions of this Chapter for pecuniary loss resulting from physical injury, death, or catastrophic property loss by reason of a crime enumerated in this Chapter.

(14) "Sexually oriented criminal offense" shall have the same meaning as sex offense as defined in R.S. 15:541(24).

(15) "Victim" means:

(a) Any person who suffers personal injury, death, or catastrophic property loss as a result of a crime committed in this state and covered by this Chapter. This includes any person who is a victim of human trafficking as defined by R.S. 14:46.2, a victim of trafficking of children for sexual purposes as defined by R.S. 14:46.3, or a victim of any offense involving commercial sexual exploitation including but not limited to R.S. 14:81.1, 81.3, 82, 82.1, 82.2, 83, 83.1, 83.2, 83.3, 83.4, 84, 85, 86, 89.2, 104, 105, and 282.

(b) A Louisiana resident who is a victim of an act of terrorism, as defined in 18 U.S.C. 2331, occurring outside the United States.

(c) A Louisiana resident who suffers personal injury or death as a result of a crime described in R.S. 46:1805, except that the criminal act occurred outside of this state. The resident shall have the same rights under this Chapter as if the act had occurred in this state upon a showing that the state in which the act occurred does not have an eligible crime victims reparations program and the crime would have been compensable had it occurred in Louisiana. In this Subparagraph, "Louisiana resident" means a person who maintained a place of permanent abode in this state at the time the crime was committed for which reparations are sought.

Added by Acts 1982, No. 250, §1, eff. July 17, 1982; Acts 1984, No. 844, §2, eff. July 13, 1984; Acts 1985, No. 542, §1; Acts 1989, No. 258, §1; Acts 1991, No. 409, §1; Acts 1995, No. 421, §1; Acts 1997, No. 935, §1; Acts 2004, No. 26, §14; Acts 2010, No. 772, §1; Acts 2014, No. 564, §4; Acts 2015, No. 229, §4, eff. June 23, 2015; Acts 2022, No. 487, §2; Acts 2023, No. 193, §3.
La. Rev. Stat. § 46:448 — LA Code / Code revised-statutes / Title 46 / Section 448
Emergency assistance information and referral
Status: in_force

A. As used in this Section:

(1) "Office of children and family services" shall mean the office of children and family services, Department of Children and Family Services, state of Louisiana.

(2) "Emergency assistance" shall mean any service, food, clothing, shelter, money grant, or any other assistance available to people who find their ability to obtain the necessities of life threatened by fire, flood, death, or other sudden and necessitous circumstances.

(3) "Governmental agency" shall mean any political subdivision department, office, agency, board, corporation, or other instrumentality funded in whole or in part by local, state, or federal funds that provides some form of emergency assistance in this state.

(4) "Private agency" shall mean any department, office, agency, board, corporation, or other instrumentality that provides some form of emergency assistance in this state, but shall not include any private agency that chooses not to take referrals or discriminates in their assistance on the grounds of race.

B. The office of children and family services shall gather through its local offices information on all governmental and private agencies in each parish as to the type of assistance each agency can and will provide and as to what eligibility requirements, if any, these agencies apply to their assistance.

C. The office of children and family services shall designate an office in each parish which will aid people seeking emergency assistance, either in person or by telephone, to identify what assistance, if any, the person can obtain. The office of children and family services shall publicize in each parish the availability of this information.

D. Each office will report at the end of each calendar year to the assistant secretary of the office of children and family services, the total number and type of emergency assistance requests it has received and the number and type of emergency assistance requests for which no agency provides assistance in that area. The reports shall be available to the public on request.

E. The services provided pursuant to this Section shall be funded from such monies as are already provided for the office of children and family services, and to this end, shall be deemed not to require additional personnel or appropriations.

Added by Acts 1979, No. 695, §1; Acts 2013, No. 220, §20, eff. June 11, 2013; Acts 2014, No. 791, §17.
La. Rev. Stat. § 46:1803 — LA Code / Code revised-statutes / Title 46 / Section 1803
Crime Victims Reparations Board
Status: in_force

A. The Crime Victims Reparations Board is created and established under the jurisdiction of the Louisiana Commission on Law Enforcement and Administration of Criminal Justice in the office of the governor. The board shall be domiciled in Baton Rouge.

B. The board shall be composed of the executive director of the Louisiana Commission on Law Enforcement and Administration of Criminal Justice or his designee, one person, who shall be chosen and appointed by the governor, from a list of three recommendations submitted to the governor by any victim's rights advocacy organization which is recognized as a nonprofit with the Internal Revenue Service, incorporated or organized in the state of Louisiana and in good standing, and does not engage in political activity, with each organization submitting a list of three names, and nine members who shall be appointed by the governor for a term concurrent with that of the governor. However, no person nominated by any victim's rights advocacy organization shall be appointed to serve as a member of the board who has previously been confirmed by the Senate and has served as a member of the board. Each appointment shall be submitted to the Senate for confirmation. At least one member shall be appointed from each of the congressional districts in the state. Of the governor's nine appointees, at least one shall be a full voting member who shall be sixty years of age or over and shall serve as a representative of the elderly population of Louisiana.

C. A vacancy in the membership of the board shall be filled by appointment by the governor.

D. Members shall serve without compensation, but shall be paid a per diem not in excess of seventy-five dollars and shall be reimbursed for travel expenses incurred in attendance at meetings of the board and other expenses incurred on business of the board at its direction.

E. A majority of the members of the board shall constitute a quorum for the transaction of all business.

F. The members of the board shall annually elect from their membership a chairman and a vice chairman.

Added by Acts 1982, No. 250, §1, eff. July 17, 1982. Amended by Acts 1984, No. 844, §2, eff. July 13, 1984; Acts 1987, No. 332, §1; Acts 1988, No. 113, §1, eff. June 29, 1988; Acts 1995, No. 471, §1; Acts 1995, No. 1150, §1; Acts 2010, No. 961, §2.

NOTE: SEE ACTS 1984, NO. 544, §5.

NOTE: SEE ACTS 1988, NO. 113, §2 RELATIVE TO TERMS OF OFFICE.
La. Rev. Stat. § 46:1111 — LA Code / Code revised-statutes / Title 46 / Section 1111
Suit for default
Status: in_force

Upon default of payment of the scholarship as provided herein the board shall turn the matter over to the attorney general or any parish or district attorney acting for the board for prosecution and suit for the amount due, in the parish of the domicile of the recipient, the parish in which the medical school at which the recipient was last enrolled is located, or the parish of East Baton Rouge.

Added by Acts 1976, No. 130, §1.
La. Rev. Stat. § 46:460.76.4 — LA Code / Code revised-statutes / Title 46 / Section 460.76.4
Prior authorization; suspension during state of emergency
Status: in_force

A. During a state of emergency declared by the governor, the Louisiana Department of Health may suspend utilization management requirements, including but not limited to prior authorization and concurrent review requirements for the Medical Assistance Program to ensure uninterrupted access to medically necessary healthcare services, including diagnostics, treatments, medications, and supportive services.

B. Any Medicaid managed care organization, pharmacy benefit manager, or entity responsible for fee-for-service claims processing shall reimburse providers for medically necessary drugs, services, equipment, supplies, and therapies provided to Medicaid recipients during the emergency without requiring prior authorization. Any Medicaid managed care organization, pharmacy benefit manager, or entity responsible for fee-for-service claims processing shall reimburse any out-of-state provider that provided essential medical care to a Louisiana Medicaid recipient who evacuated out of state, whether voluntarily or involuntarily, without requiring prior authorization.

C. The prior authorization suspension provided for in this Section shall only apply to Medicaid recipients who reside within the designated emergency area.

D. The Medicaid managed care organizations shall notify Medicaid recipients of prior authorization suspensions, uninterrupted care access, and rights during emergencies. Notifications should be distributed through healthcare providers, community outreach, and online platforms to ensure all patients, especially vulnerable or displaced individuals, are aware of the provisions of this Section and can make informed decisions about their care.

Acts 2025, No. 440, §1.
La. Rev. Stat. § 46:1093 — LA Code / Code revised-statutes / Title 46 / Section 1093
Commission; powers, duties, functions, and responsibilities
Status: in_force

A. The commission shall have all the general powers, duties, functions, and responsibilities of a hospital service district created under the general provisions of Part I of this Chapter. Notwithstanding any other provision of law to the contrary, no tax or bonded indebtedness shall be imposed or incurred in favor of a parish hospital service district authorized in this Part unless the tax or bonded indebtedness is approved by a majority of the electors of each parish in the district voting in a special election called for that purpose.

B. In addition to the powers, duties, functions, and responsibilities granted hospital service districts created pursuant to Part I of this Chapter, the parish hospital service district created under this Part may construct or acquire a new general hospital facility in the parish or renovate an existing general hospital facility in the parish and provide for the operation of such facility.

C. The district, acting through the board of commissioners, may construct a new general hospital facility and lease such facility to any state or local agency, department, or other entity, including the Louisiana State University Health Sciences Center - health care services division, which lease shall also provide for the general operation of such general hospital facility.

Acts 2003, No. 1214, §1, eff. July 3, 2003.
La. Rev. Stat. § 46:1098.14 — LA Code / Code revised-statutes / Title 46 / Section 1098.14
Authority to issue bonds; continuation of prior obligations
Status: in_force

A. The board shall have the power to issue bonds for the purpose of constructing, acquiring, extending, and improving healthcare facilities of the district pursuant to Article VI, Section 33 of the Constitution of Louisiana and other constitutional and statutory authority supplemental thereto. Such bonds may be issued only after authorization by a majority of voters in the district voting at an election called by the board and held for that purpose.

B. Bonds or other obligations secured by Slidell Memorial Hospital on August 1, 1984, shall continue to be secured by both the hospital and the district until they are retired.

Acts 2020, No. 365, §1, eff. June 12, 2020.
La. Rev. Stat. § 46:977.3 — LA Code / Code revised-statutes / Title 46 / Section 977.3
Definitions
Status: in_force

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

(1) "Child" means a person under the age of nineteen.

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

(3) "Medical assistance" means healthcare benefits provided through the Louisiana Medicaid program or the Louisiana Children's Health Insurance Program, hereafter referred to as LaCHIP.

(4) "Premium assistance" means a component of the Louisiana Children and Youth Health Insurance Program under which the department pays on behalf of an enrollee either part of or the entire premium of employer-sponsored or individual health insurance coverage.

(5) "Program" means the Louisiana Children and Youth Health Insurance Program.

(6) "Responsible party" means a parent or person legally responsible for the welfare of a child.

(7) "Subsidized insurance" means a component of the program whereby the state provides health insurance coverage to a child at a reduced premium rate to the family.

Acts 2007, No. 407, §1, eff. July 10, 2007; Acts 2018, No. 206, §5.
La. Rev. Stat. § 46:121 — LA Code / Code revised-statutes / Title 46 / Section 121
Definitions
Status: in_force

For purposes of this Part, the following terms shall be defined as follows:

(1) "Activated military person" means a person domiciled in Louisiana for civilian purposes who names Louisiana as Home of Record (HOR) for military purposes, and who is any of the following:

(a) A member of a reserve component of the United States Army, Navy, Air Force, Space Force, Marine Corps, or Coast Guard, including the Louisiana National Guard, and called to active federal service in excess of thirty days.

(b) A member of the Louisiana National Guard and called to active state service pursuant to R.S. 29:7.

(c) Repealed by Acts 2022, No. 413, §3, eff. June 15, 2022.

(2) "Board" means the Louisiana Military Family Assistance Board.

(3) "Family member," in relation to the activated military person, means the primary next of kin or an immediate family member. Immediate family member shall include:

(a) The spouse of the person.

(b) A natural child, adopted child, stepchild, or child born outside of marriage (if acknowledged by the person or parenthood has been established by a court of competent jurisdiction) of the person, except that if such child has not attained the age of eighteen years, the term means a surviving parent or legal guardian of such child.

(c) Any other person claimed as a dependent on the federal income tax return of the activated service person.

(d) A biological or adoptive parent of the person, unless legal custody of the person by the parent has been previously terminated by reason of a court decree or otherwise under law and not restored.

(e) A brother or sister of the person, if such brother or sister has attained the age of eighteen years.

(f) Any other person, if such person was given sole legal custody of the person by a court decree or otherwise under law before the person attained the age of eighteen years and such custody was not subsequently terminated before that time.

(4) "Honorably discharged military person" means a person domiciled in Louisiana who is a veteran of the United States Army, Navy, Air Force, Space Force, Marine Corps, or Coast Guard who was on full-time active duty in the military service of the United States and received an honorable discharge and has met any of the following conditions:

(a) Completed either twenty-four months of continuous active duty or the full period of not less than ninety days for which he was ordered to active duty, other than active duty training, for which he received either an honorable discharge or a general discharge under honorable conditions.

(b) Completed at least ninety days of active duty and discharge under the specific authority of 10 U.S.C. 1171 or 1173 or a determination of having a compensable service-connected disability.

(c) Received a discharge with less than ninety days of service for a service-connected disability.

(5) "Third party administrator" shall be one or more employees of the Louisiana Department of Veterans Affairs designated by the secretary and approved by the board unless the board has entered into a cooperative agreement as provided in R.S. 46:123(C).

(6) Repealed by Acts 2022, No. 413, §3, eff. June 15, 2022.

Acts 2005, No. 151, §1, eff. June 28, 2005; Acts 2006, No. 344, §6, eff. June 13, 2006; Acts 2010, No. 256, §1; Acts 2016, No. 185, §1; Acts 2016, No. 402, §1; Acts 2017, No. 60, §1; Acts 2018, No. 206, §5; Acts 2022, No. 413, §§2, 3, eff. June 15, 2022; Acts 2025, No. 137, §6.
La. Rev. Stat. § 46:2301 — LA Code / Code revised-statutes / Title 46 / Section 2301
Creation; personnel
Status: in_force

An agency of the state to be known as the "Governor's Office of Indian Affairs" is hereby created and established in the office of the governor. Said office shall exercise the powers and duties hereinafter set forth or otherwise provided by law. The office shall be administered by an executive director, who shall be appointed by the governor to serve at his pleasure. The executive director shall employ necessary staff to carry out the duties and functions of the office as otherwise provided in this Chapter, or as otherwise provided by law.

Added by Acts 1980, No. 702, §2, eff. July 24, 1980; Acts 1987, No. 213, §1; Acts 1993, No. 275, §2, eff. July 1, 1993.

{{NOTE: SEE ACTS 1987, NO. 213, §§3, 4, 5, 6, and 7.}}

{{NOTE: SEE ACTS 1993, NO. 275, §3.}}
La. Rev. Stat. § 46:1863 — LA Code / Code revised-statutes / Title 46 / Section 1863
Immunity from liability
Status: in_force

A. A person providing services to a victim at a family justice center pursuant to the provisions of this Chapter shall not be liable for civil damages while acting in the official scope of his duties if the person, in good faith, makes a recommendation, gives an opinion, or releases or uses information for the purposes of protecting or providing services to the victim.

B. This limitation of civil liability does not apply if the person acted with gross negligence or in bad faith.

Acts 2015, No. 327, §1.
La. Rev. Stat. § 46:283 — LA Code / Code revised-statutes / Title 46 / Section 283
Determination of fitness; award of contract
Status: in_force

A. The office of children and family services shall determine the fitness and eligibility of each person who applies for a contract to provide foster care services to which the provisions of this Subpart apply.

B. The office of children and family services may award a contract for foster care services to any person who is determined to be eligible for such contracts, but no contract shall be awarded prior to such determination.

C.(1)(a) No new contract for foster care services shall be awarded to any person who has not completed a training program approved by the department, that includes but is not limited to the following areas:

(i) Obtaining needed services for foster children.

(ii) Discipline and foster children.

(iii) Legal aspects of foster care.

(iv) Working with parents and the agency.

(v) Knowledge and skills relating to the reasonable and prudent parent standard for participation by the child in age- or developmentally-appropriate activities as defined in Subsection D of this Section.

(b) The Department of Children and Family Services shall provide such training through its own personnel or by contracting with outside persons or agencies.

(2)(a) Notwithstanding the provisions of Paragraph (1) of this Subsection, in emergency situations, relatives and friends of the foster child who have applied to be foster parents and who appear to meet eligibility criteria for such foster homes may be certified by the department for one ninety-day period without such training.

(b) All other foster parent applicants may be certified in emergency situations by the department for one ninety-day period provided that such applicants have:

(i) Participated in a home visit by the department.

(ii) Met requirements for a criminal record clearance.

(iii) Completed at least one-half of the preservice training.

(c) One ninety-day extension may be granted by the department in emergency situations when it judges such extension to be in the best interests of the foster child. There shall be no more than one ninety-day extension granted under the provisions of this Section.

(d) The department may establish separate minimum training requirements for relatives of a foster child or foster parents certified to care only for a specific child or children in those homes not open to placement of other children. These minimum requirements shall include ten hours of preservice training as specified in Paragraph (C)(1), requirements for a criminal records clearance as specified in Item (C)(2)(b)(ii), participation with the department in periodic home visits and legally mandated status reviews, and annual training as prescribed in the child's service plan at the status review.

(3) The provisions of Paragraph (1) of this Subsection shall not apply to persons acting as foster parents prior to the effective date of this Subsection.

D.(1) For purposes of this Section, the following definitions shall apply:

(a) "Age- or developmentally-appropriate" means activities or items that are generally accepted as suitable for children of the same chronological age or level of maturity, or that are determined to be developmentally appropriate for a child, based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group; and in the case of a specific child, activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical, and behavioral capacities of the child.

(b) "Caregiver" means a person with whom the child is placed in foster care, or a designated official for a child residential facility licensed by the state.

(c) "Reasonable and prudent parent standard" means the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while at the same time encouraging the emotional and developmental growth of the child, that a caregiver shall use when determining whether to allow a child in foster care under the responsibility of the state to participate in extracurricular, enrichment, cultural, social, and sporting activities.

(2) Nothing in this Section shall be construed to authorize any decision that conflicts with the residual parental rights, as defined in Children's Code Article 116, of a parent of a child.

E.(1) Each caregiver shall use the reasonable and prudent parent standard in determining whether to give permission for a child living in foster care under the responsibility of the state to participate in extracurricular, enrichment, cultural, social, or sporting activities.

(2) When using the reasonable and prudent parent standard, the caregiver shall consider all of the following:

(a) The child's age, maturity, and developmental level in order to maintain the overall health and safety of the child.

(b) The potential risk factors and the appropriateness of the extracurricular enrichment, cultural, social, or sporting activity.

(c) The best interest of the child, based on information known by the caregiver.

(d) The importance of encouraging the child's emotional and developmental growth.

(e) The importance of providing the child with the most family-like living experience possible.

(f) The behavioral history of the child and the child's ability to safely participate in the proposed activity.

F. Each child in foster care shall be allowed to travel out of state with his foster parent or another department-approved adult so long as the foster parent confirms with the department in advance of the departure date that no reason exists to prevent such travel and provides a travel itinerary to the department.

G.(1) A foster caregiver who approves a foster child's participation in an age- and developmentally-appropriate extracurricular, enrichment, cultural, social, or sporting activity is not liable for harm caused to the child at such activity, provided that the caregiver has acted in accordance with the reasonable and prudent parent standard.

(2) Nothing in this Section shall be construed to remove or limit any existing liability protection afforded by law.

Added by Acts 1978, No. 741, §1. Acts 1983, No. 710, §1; Acts 1987, No. 595, §1, eff. July 9, 1987; Acts 1995, No. 696, §1, eff. June 21, 1995; H.C.R. 115, 2001 R.S; Acts 2015, No. 124, §2, eff. June 19, 2015; Acts 2015, No. 278, §2, eff. June 29, 2015; Acts 2015, No. 310, §1.
La. Rev. Stat. § 46:437.2 — LA Code / Code revised-statutes / Title 46 / Section 437.2
Legislative intent and purpose
Status: in_force

A. This Part is enacted to combat and prevent fraud and abuse committed by some health care providers participating in the medical assistance programs and by other persons and to negate the adverse effects such activities have on fiscal and programmatic integrity.

B. The legislature intends the secretary of the Louisiana Department of Health, the attorney general, and private citizens of Louisiana to be agents of this state with the ability, authority, and resources to pursue civil monetary penalties, liquidated damages, or other remedies to protect the fiscal and programmatic integrity of the medical assistance programs from health care providers and other persons who engage in fraud, misrepresentation, abuse, or other ill practices, as set forth in this Part, to obtain payments to which these health care providers or persons are not entitled.

Acts 1997, No. 1373, §1.
La. Rev. Stat. § 46:2142 — LA Code / Code revised-statutes / Title 46 / Section 2142
Immunity
Status: in_force

Any law enforcement officer reporting in good faith, exercising due care in the making of an arrest or providing assistance pursuant to the provisions of R.S. 46:2140 and 2141 shall have immunity from any civil liability that otherwise might be incurred or imposed because of the report, arrest, or assistance provided.

Acts 1985, No. 442, §1, eff. July 12, 1985.
La. Rev. Stat. § 46:446.6 — LA Code / Code revised-statutes / Title 46 / Section 446.6
Definitions; requirements of health insurers for the right of the Louisiana Department of Health and of health care providers to recover in Medicaid claims
Status: in_force

A. As used in this Section, the following words and phrases shall have the following meanings:

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

(2) "Health insurer" means any insurance company or other entity who is authorized to transact and is currently transacting health insurance business in this state. Health insurers shall include self-insured plans, group health plans as defined in Section 607(1) of the Employee Retirement Income Security Act of 1974, service benefit plans, managed care organizations, pharmacy benefit managers, and any other parties that are, by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service.

B. As a condition of conducting business in Louisiana, health insurers shall:

(1) Provide, with respect to individuals who are eligible for, or are provided medical assistance under, the Louisiana Medical Assistance Program, Title XIX of the Social Security Act, upon the request of the department, information to determine during what period an individual, his spouse, or his dependents may be, or may have been, covered by a health insurer and the nature of coverage that is or was provided by the health insurer, including the name, address, and identifying number of the plan in a manner prescribed by the department.

(2) Accept the department's right of recovery and the Medicaid recipient's assignment to the department of any right to payment from the health insurer for an item or service for which payment has been made under the Louisiana Medical Assistance Program, Title XIX of the Social Security Act.

(3) Submit payment within ninety days to the department regarding a subrogation claim for payment for any health care item or service submitted no later than three years after the date of the provision of the health care item or service.

(4) Agree not to deny a claim submitted by the department or health care provider on the basis of the date of the submission of the claim, the type or format of the claim form, or the failure to present proper documentation at the point of sale which is the basis of the claim, if all of the following conditions apply:

(a) The health insurer receives all information needed to adjudicate the claim in a format, or on a form, which is standard to the health insurance industry, including but not limited to a UB 92 form, HCFA 1500 form, or a HIPAA complaint electronic transmission.

(b) The claim is for a service which meets the terms, conditions, limitations, and exclusions of the insurer's contract with the insured or with the insured's respective group.

(c) The claim is submitted by the department within a three-year period beginning on the date the item or service was furnished.

(d) Any action by the department to enforce its rights with respect to such claim is commenced within six years of the department's submission of such claim.

(5) Agree that the prevailing party in any legal action to enforce this Section is entitled to attorney fees as well as related collection fees and costs incurred in the enforcement of this Section.

(6) Notwithstanding the provisions of Subparagraph (4)(a) of this Subsection, agree not to deny claims submitted by the department due to a lack of preauthorization, unless review after the service has been rendered indicates that the service would have been deemed not to be medically necessary.

C. Health care providers shall have a right to recovery for the difference between the health insurer's original obligation for services provided to the insured and the amount the health care provider received from Medicaid, provided that the amount of the original obligation exceeds the amount paid by Medicaid.

D. The Louisiana Department of Health shall provide notice to each appropriate health care provider after payments are received from a health insurer. Notwithstanding any contractual prescriptive period for filing of claims by the health provider to the health insurer, reimbursement to the Louisiana Department of Health of monies paid erroneously under the Louisiana Medical Assistance Program under this Section shall constitute an admission of an obligation to the health care provider for the difference as described in Subsection C of this Section. An insurer shall only be liable for such payment if the provider files the claim with the insurer within sixty days of receipt of notice from the Louisiana Department of Health, and the claim meets the requirements of Paragraph (B)(4) of this Section. The health insurer shall pay any obligation on the claim within sixty days of the receipt of the claim.

E. No health insurer shall be liable for any payments under this Section that exceed the maximum benefits payable under the applicable insurance contract, regardless of whether such maximum was reached subsequent to the date that a claim described in Subsection D of this Section was originally submitted to Medicaid.

Acts 2007, No. 147, §1; Acts 2008, No. 517, §1; Acts 2014, No. 791, §17.
La. Rev. Stat. § 46:442 — LA Code / Code revised-statutes / Title 46 / Section 442
Medicaid provider claims; period for filing
Status: in_force

A. In administering the Medicaid program of this state, the Louisiana Department of Health shall not limit the period within which a healthcare provider may submit a claim for payment for a covered service rendered to a Medicaid program enrollee to less than three hundred sixty-five days from the date the service was provided.

B. In accordance with the applicable provisions of this Part and Part VI-A of this Chapter, if a payment for a claim is recouped by the department, a contractor of the department, or any other entity acting at the direction or under the authority of the department due to a determination by the department more than three hundred sixty-five days from the date the service was provided that the claim was improperly billed but the services were reasonable and necessary, the department shall ensure that the provider is afforded additional time to re-file a corrected claim for that portion of the amount recouped to the extent permitted by federal law.

Acts 2015, No. 21, §1; Acts 2016, No. 467, §1.
La. Rev. Stat. § 46:979 — LA Code / Code revised-statutes / Title 46 / Section 979
Department responsibility
Status: in_force

A. The department shall adopt and promulgate rules and regulations in accordance with the Administrative Procedure Act that provide for maximizing Medicaid funding and rates for those hospitals that provide either of the following:

(1) Inpatient services to fragile newborns or critically ill children in either a Level III Regional Neonatal Intensive Care Unit or a Level I Pediatric Intensive Care Unit, which units have been in operation on or before January 1, 2003.

(2) A Medicaid utilization rate of twenty-five percent of total inpatient days or greater.

B. The department shall minimize the impact of budget adjustments made pursuant to R.S. 39:75 or as authorized in the General Appropriation Act upon hospitals qualifying for Medicaid rate maximization under this Section.

Acts 2003, No. 813, §1; Acts 2005, No. 154, §2, eff. June 28, 2005; Acts 2007, No. 243, §1; Acts 2008, No. 566, §1, eff. June 30, 2008.
La. Rev. Stat. § 46:286.12 — LA Code / Code revised-statutes / Title 46 / Section 286.12
Purpose
Status: in_force

Foster parents are recognized as primary care givers to abused and neglected children who have been removed from their homes of origin. The Department of Children and Family Services shall implement and promote the support of these rights through the policy and practice of the Department of Children and Family Services.

Acts 2006, No. 439, §1.
La. Rev. Stat. § 46:288.2 — LA Code / Code revised-statutes / Title 46 / Section 288.2
Definitions
Status: in_force

As used in this Subpart, the following terms shall have the following meanings:

(1) "Court" means the court that exercised juvenile jurisdiction over the child in need of care proceedings involving the youth prior to his eighteenth birthday.

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

(3) "Youth" means an individual who was adjudicated as a child in need of care, was in foster care in the department's custody on the day before his eighteenth birthday, and is at least eighteen years of age but less than twenty-one years of age.

Acts 2019, No. 400, §2, eff. June 19, 2019.
La. Rev. Stat. § 46:288.1 — LA Code / Code revised-statutes / Title 46 / Section 288.1
Short title
Status: in_force

This Subpart shall be known and may be cited as the "Extended Foster Care Program Act".

Acts 2019, No. 400, §2, eff. June 19, 2019.
La. Rev. Stat. § 46:301 — LA Code / Code revised-statutes / Title 46 / Section 301
Legislative findings; Supplemental Nutrition Assistance Program educational component; reporting requirements
Status: in_force

A. The legislature finds and declares the following:

(1) The program formerly known as "food stamps" was renamed the Supplemental Nutrition Assistance Program (SNAP) in October 2008. SNAP is administered at the federal level by the United States Department of Agriculture Food and Nutrition Service (FNS) and at the state level by the Louisiana Department of Health, hereafter referred to as the "department".

(2) SNAP is the cornerstone of the federal food assistance programs and provides crucial support to needy households and to those making the transition from public assistance to work.

(3) By federal policy, SNAP benefits may be used only for the purchase of nonalcoholic beverages and food which is not hot at the point of sale and may not be used to purchase any nonfood items.

(4) The population of Louisiana has historically encompassed one of the highest proportions of SNAP recipients in the nation.

(5) Federal regulations allow states to administer educational services within the SNAP program. Such services are known as SNAP Education, and are designed to teach food budgeting, proper nutrition, and healthy food choices to SNAP recipients.

(6) It is the public policy of this state to support basic health, human welfare, education, and self-sufficiency among its most vulnerable citizens. Effective educational efforts, including nutrition education, are necessary for this state to promote better health and break its historic cycle of generational poverty.

(7) A nurturing family affords a child his best opportunity to enjoy lifelong health and well-being. Therefore, any program which promotes better health for children must encourage family strengthening and greater parental involvement in the lives of their children if the program is to fulfill its purpose.

B. In addition to any SNAP Education services conducted by contractors of the department, the department shall provide printed nutrition education resource materials directly to the heads of all SNAP beneficiary households. The department may develop or utilize materials at its discretion in order to satisfy the provisions of this Subsection, provided that such materials include the Core Nutrition Messages, or any successor resources, developed by FNS. The department shall provide such materials to every head of a SNAP beneficiary household at the following intervals:

(1) At the first issuance of a SNAP electronic benefits transfer card subsequent to the initial determination of eligibility.

(2) In the first correspondence from the department subsequent to a redetermination of eligibility.

(3) Any interval which the department deems advantageous and feasible.

C. In administering the SNAP Education program of this state, the department and all subcontractors and affiliates of such program shall:

(1) Utilize the Core Nutrition Messages, or any successor resources, developed by FNS.

(2) Coordinate outreach and educational efforts to the greatest possible extent with those of the Women, Infants, and Children (WIC) Program of this state.

D. On or before March first annually, the department shall submit to the House Committee on Health and Welfare and the Senate Committee on Health and Welfare a comprehensive report on the SNAP Education Program. The report shall include but not be limited to the following items:

(1) Analysis and commentary on major health challenges faced by low-income Louisiana families.

(2) Data on SNAP Education participants, including a description of the ideal target population, actual number of participants served, geographic distribution of participants, and participant demographics.

(3) A description of program operations, including details on selection of participants, service delivery, and activities conducted by all SNAP Education program contractors and subcontractors.

(4) A description of any partnership with the WIC Program and efforts undertaken in collaboration with that program.

(5) Analysis of program outcomes and other significant impacts to SNAP Education service recipients.

(6) Public policy recommendations for enhancing the SNAP Education program and for supporting better health and nutrition generally among low-income families of this state.

Added by Acts 2011, No. 258, §1, eff. August 15, 2011; Acts 2012, No. 243, §1, eff. August 1, 2012; Acts 2018, No. 206, §5; Acts 2025, No. 478, §12, eff. Oct. 1, 2025.

NOTE: Redesignated from R.S. 46:236.1 by Acts 2014, No. 533, §2(B) and Acts 2014, No. 622, §2(B), eff. Aug. 1, 2014.
La. Rev. Stat. § 46:460.9 — LA Code / Code revised-statutes / Title 46 / Section 460.9
Waivers for victims of domestic violence
Status: in_force

A. The secretary shall waive, for as long as necessary, pursuant to a determination of good cause, any public assistance program requirement that will create obstacles for a victim of domestic violence to escape a domestic violence situation, including but not limited to time limits on receipt of assistance, work, training or educational requirements, limitations of TANF requirements, residency requirements, and any other program requirements which will create obstacles for such victim to escape violence or penalize that victim for past, present, and potential for abuse. However, a victim of domestic violence shall develop a plan that specifies the necessary actions, goals, and services that may enable the victim to become free of a domestic violence situation. Such plan shall be made a component of the participant's Family Success Agreement.

B. Any information obtained pursuant to this Section regarding a victim of domestic violence shall be used solely for the purposes provided for in Subsection A of this Section or for referral to supportive services and shall not be released to any third party, including a governmental agency unless such agency is authorized to obtain such information by another provision of law.

Acts 1997, No. 1248, §2, eff. July 1, 1997; Acts 2003, No. 58, §1.
La. Rev. Stat. § 46:2302 — LA Code / Code revised-statutes / Title 46 / Section 2302
Powers, duties, functions
Status: in_force

The office shall have the following powers and duties:

(1) To administer the programs relative to Louisiana Indians.

(2) To collect facts and statistics and conduct special studies of conditions pertaining to the employment, health, education, financial status, recreation, social adjustment, or other conditions affecting the welfare of the Indian people.

(3) To provide for a mutual exchange of ideas and information on national, state, and local levels.

(4) To make recommendations to the governor and to the legislature for needed improvements and additional resources to promote the welfare of the Indians in the state.

(5) To coordinate the services of all agencies in the state serving the Indians and to require reports from such state agencies and institutions.

(6) To serve as the official negotiating agent of the state upon which federally recognized tribes in the state of Louisiana may serve notice of any request to negotiate state tribal compacts.

(7) To make recommendations to the governor for the composition of the negotiating team for the state.

(8) To make recommendations regarding proposed compacts and submit them to the governor for his approval and signature.

(9) To prepare and submit an annual report to the legislature and to the governor.

(10) To adopt and promulgate rules and regulations that are deemed necessary to implement the provisions of this Chapter in accordance with the provisions of the Administrative Procedure Act.

Added by Acts 1980, No. 702, §2, eff. July 24, 1980; Acts 1987, No. 213, §1; Acts 1993, No. 275, §2, eff. July 1, 1993.

{{NOTE: SEE ACTS 1993, NO. 275, §3.}}
La. Rev. Stat. § 46:1134 — LA Code / Code revised-statutes / Title 46 / Section 1134
Application consideration; evaluation
Status: in_force

The board of commissioners or its designee shall receive, consider, evaluate, and allow or disallow all applications for scholarships made by eligible applicants. The board of commissioners or its designee shall conduct a full investigation of the ability and qualifications of each applicant. The board of commissioners shall provide that an affirmative action program for the selection of recipients be established which shall include that no discrimination occur on the basis of race, creed, sex, age, or ethnic origin. The board of commissioners shall establish and publish rules on the selection process of the recipient which shall preclude the appearance of and the possibility of nepotism. The board of commissioners shall notify each applicant selected to receive a scholarship of his selection and shall also notify the dean of the nursing school or office of financial assistance at the school where the student is registered.

Acts 1988, No. 54, §1; Acts 2023, No. 33, §1, eff. June 1, 2023.
La. Rev. Stat. § 46:1416 — LA Code / Code revised-statutes / Title 46 / Section 1416
Special, temporary, or continued care for children
Status: in_force

Any institution, society, agency, corporation, facility, person or persons, or any other group licensed in accordance with the provisions of this Chapter may receive children from their parents or legal guardians or from the courts for special, temporary, or continued care.

Acts 1985, No. 286, §1.
La. Rev. Stat. § 46:1353 — LA Code / Code revised-statutes / Title 46 / Section 1353
Notice to parent or guardian; reporting requirements to parent, legal custodian; seventy-two hours of safe harbor
Status: in_force

A. As soon as possible but not more than seventy-two hours following a runaway youth's admission into an approved runaway and homeless youth residence program or facility, the staff of the program or facility shall immediately notify the runaway youth's parent, guardian, or legal custodian of the runaway youth's admission, unless there are compelling circumstances why the parent, guardian, or legal custodian should not be notified. When such circumstances exist or in instances where abuse or neglect is suspected, the director or his designee shall immediately render a report in accordance with the procedures contained in R.S. 14:403.

B. Where the program or facility obtains oral consent from the parent, guardian, or legal custodian of the runaway youth, the youth may remain in the facility or program for a period of fifteen days thereafter pending the facility's or program's receipt of a signed written consent form from the parent, guardian, or legal custodian.

C. Except as provided in Subsection B of this Section, a runaway youth over the age of eleven may elect to remain in the facility for a period of seventy-two hours before being returned to the home environment provided that:

(1) The runaway youth is not known to have committed nor is under investigation for the commission of a delinquent or criminal act.

(2) A good faith attempt is made to notify the individuals specified in Subsection A of this Section in the manner provided in that Subsection.

D. A runaway youth over the age of eleven admitted to an approved runaway and homeless youth residential program or facility licensed by the Department of Children and Family Services shall be provided seventy-two hours of safe harbor unless otherwise designated by order of a court exercising juvenile jurisdiction regarding custody of the runaway youth, or unless the child is in the custody of a state agency which may elect to remove the child earlier without a court order.

E. Upon request by the youth, the youth will be allowed to return to the home environment at any time.

F. In instances where the parent, guardian, or legal custodian cannot be located within seventy-two hours following a runaway youth's admission into the facility or program, the staff shall continue to make reasonable efforts to contact the parent, guardian, or legal custodian. The facility or program is authorized to provide care for the youth, for a period not to exceed twenty-one days, until the parent, guardian, or legal custodian is contacted and gives oral or written consent in accordance with the provisions of Subsection B of this Section or accepts physical custody of the youth.

G. Whenever a report has been filed by the facility or program in accordance with the provisions in R.S. 14:403, the facility or program shall be legally authorized to provide care for the runaway youth pending a determination by the Department of Children and Family Services or a court exercising juvenile jurisdiction regarding custody of the runaway youth.

Acts 1989, No. 803, §1, eff. July 11, 1989; Acts 1990, No. 370, §1, eff. July 10, 1990; Acts 1999, No. 1087, §1, eff. July 9, 1999.
La. Rev. Stat. § 46:1841 — LA Code / Code revised-statutes / Title 46 / Section 1841
Legislative intent
Status: in_force

In recognition of the civic and moral duty of victims and witnesses of crime to cooperate fully and voluntarily with law enforcement and prosecutorial agencies, and in further recognition of the continuing importance of such citizen cooperation to state and local law enforcement efforts and the general effectiveness and well-being of the criminal justice system of this state, the legislature declares its intent, in this Chapter, to ensure that all victims and witnesses of crime are treated with dignity, respect, courtesy, and sensitivity, and that the rights extended in this Chapter to victims and witnesses of crime are honored and protected by the law enforcement agencies, prosecutors, and judges in a manner no less vigorous than the protection afforded the criminal defendants.

Acts 1985, No. 794, §1; Acts 1995, No. 532, §1.
La. Rev. Stat. § 46:17 — LA Code / Code revised-statutes / Title 46 / Section 17
Indigent defined; collection of charges by state-owned hospitals
Status: in_force

A. As used in this Title, the following definition shall apply.

"Indigent" means any person who meets the state definition of indigent who would have qualified for indigent care in any general hospital owned and operated by the state of Louisiana prior to arrest and who is housed in any parish or municipal jail or detention facility or state prison, shall be treated in the nearest general hospital owned and operated by the state of Louisiana.

B. Notwithstanding any provision of law to the contrary, neither the parish nor municipality shall be responsible for the cost of such services rendered in the state hospital. However, nothing contained herein shall preclude any such hospital from collecting or attempting to collect reasonable charges for treatment or services from those persons housed in any parish or municipal jail or detention facility or state prison considered to have the ability or resources to pay such costs.

C. No state agency or official, or other person acting on behalf of such agency or official, shall attempt to collect charges for treatment rendered in a state hospital to any parish or municipal jail inmate, from the parish or municipal governing authority for charges which accrue after July 17, 1991, when there are no third-party payors responsible for the charges. However, the provisions of this Subsection shall not be construed so as to create or sustain a cause of action on behalf of any person or governmental subdivision to recover monies already paid for the treatment of such inmates.

Acts 1990, No. 315, §1, eff. July 9, 1990; Acts 1991, No. 618, §1, eff. July 17, 1991.
La. Rev. Stat. § 46:1253 — LA Code / Code revised-statutes / Title 46 / Section 1253
Duties
Status: in_force

It shall be the duty of the secretary of the Department of Public Safety and Corrections to:

(1) Define and set up a minimum basic juvenile probation and parole service to the courts and a minimum basic juvenile intake service to the district attorneys.

(2) Devise appropriate forms, develop policies and procedures, and to set up standards for the statewide services to be rendered to the courts and district attorneys upon request.

(3) Effect the purposes of this Chapter by long-range planning for the improvement of services rendered to the courts and district attorneys under the provisions thereof.

Added by Acts 1952, No. 118, §3. Amended by Acts 1972, No. 682, §1; Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1982, No. 541, §1; Acts 1984, No. 567, §2, eff. Jan. 1, 1985; Acts 1985, No. 965, §2; Acts 1986, No. 332, §1; Acts 1988, No. 607, §2, eff. July 14, 1988.
La. Rev. Stat. § 46:2363 — LA Code / Code revised-statutes / Title 46 / Section 2363
Waiver
Status: in_force

The right of a person who is deaf or hard of hearing to the services of an interpreter/transliterator may not be waived except by a person who is deaf or hard of hearing who requests a waiver. The failure of the person who is deaf or hard of hearing to request the services of an interpreter/transliterator is not deemed a waiver of that right.

Added by Acts 1982, No. 135, §1; Acts 2017, No. 146, §11.
La. Rev. Stat. § 46:3 — LA Code / Code revised-statutes / Title 46 / Section 3
Trustees or administrators shall not be interested in contracts with or sales to charitable institutions; penalties
Status: in_force

A. No member of the board of trustees, nor any administrator of any charitable institution of the state, shall receive any appointment in the institution, nor shall any member of the boards of trustees, or administrators, nor any officer appointed by either of them, be concerned directly or indirectly in any contract, in the furnishing of supplies, or in the purchase or sale of any article of property or value for or on account of these institutions.

B. Whoever violates the provisions of this Section shall be fined or imprisoned, or both, at the discretion of the court.

Acts 2018, No. 206, §5.
La. Rev. Stat. § 46:460.63 — LA Code / Code revised-statutes / Title 46 / Section 460.63
Physician participation; conditions for termination
Status: in_force

A. With respect to credentialing of a physician whose license is in probationary status pursuant to action by the Louisiana State Board of Medical Examiners, no managed care organization shall terminate participation by that physician in the organization's provider network based solely upon the probationary status of his license or disqualify the physician from initial credentialing based solely upon the probationary status of his license.

B. No managed care organization shall terminate participation by a physician in the organization's provider network unless such action is taken pursuant to an established credentialing committee procedure.

Acts 2016, No. 250, §1.
La. Rev. Stat. § 46:1053 — LA Code / Code revised-statutes / Title 46 / Section 1053
Commission; qualification of members; appointment; vacancies; compensation; removal of commissioners; certain powers
Status: in_force

A. Any hospital service district formed or created under the provisions of this Chapter shall be governed by a board of five commissioners, hereafter referred to as commission, who shall be qualified voters and residents of the district. The commission shall be appointed by the police jury of the parish. Two of the first commissioners so appointed shall serve for two years, two for four years and one for six years.

B.(1) In the parish of St. Mary for Hospital Service Districts Numbers 1 and 2, the governing authority thereof may increase the number of commissioners to not more than seven members; in the parish of St. Helena, the governing authority thereof may increase the number of commissioners to not more than six members.

(2) In any district in which there are six commissioners, three of the first commissioners so appointed shall serve two years, two four years, and one six years. In any district in which there are seven commissioners, three of the first commissioners so appointed shall serve two years, three shall serve four years, and one shall serve six years.

(3) Notwithstanding any provision of this Section to the contrary, at the expiration of the terms of office of the commissioners of Hospital Service District Number 2 of St. Mary Parish serving on July 1, 1991, the successors shall be appointed for a term of four years in the same manner as the predecessor appointees were selected, and no commissioner shall serve for more than two consecutive four year terms.

(4)(a) In the parish of Iberia, the Iberia Parish Hospital Service District No. 1 shall be governed by a commission composed of nine members who shall be registered voters, residents, and domiciled in the district. Seven members of the commission shall be appointed by the governing authority of Iberia Parish to serve four-year terms. The two additional members provided for by this Paragraph shall be appointed by the medical executive committee of Iberia Medical Center to serve four-year terms. The medical executive committee shall make any such appointments prior to the expiration of the expiring term or within thirty days after receipt of written notice from the governing authority of Iberia Parish that any such term is about to expire, whichever occurs later. The medical staff members eligible for service on the board of commissioners of Iberia Parish Hospital Service District No. 1 shall be physicians who are fully credentialed and in good standing with the medical executive committee. The medical executive committee shall use all reasonable means to involve as many of the physician medical staff members as possible in the process of selecting and making such appointments.

(b)(i) The terms of the members of the board of commissioners in office on July 1, 2001, shall expire as provided by law. Notwithstanding the provisions of Subparagraph (a) of this Paragraph or any other provision of this Section, the successor of each such member shall be appointed for a term established by the Iberia Parish Council. However, no such term shall exceed four years and the terms of not more than three such successors shall expire in any one year.

(ii) Upon the expiration of the terms established by the Iberia Parish Council for the successors appointed as provided in Item (i) of this Subparagraph, no member of the board of commissioners shall serve more than three consecutive terms. However, service as a result of appointment or election to fill an unexpired term shall not be considered for such purposes.

(iii) Notwithstanding the provisions of Subparagraph (a) of this Paragraph or any other provision of this Section, nothing shall be construed to affect the currently serving members of the board of commissioners of Iberia Parish Hospital Service District No. 1. However, upon expiration of the term of office of the commission member whose term expires on or about November 23, 2019, or the resignation of such member, whichever occurs first, the successor shall be appointed by the medical executive committee of Iberia Medical Center. Upon expiration of the term of office of the physician commission member whose term expires on or about December 27, 2021, or the resignation of such member, the successor shall also be appointed by the medical executive committee of Iberia Medical Center. These two members shall be designated and recognized as the two commission seats to be filled by appointment of the physician medical staff of Iberia Medical Center.

(c) A vacancy that occurs prior to the expiration of a term shall be filled for the remainder of the unexpired term in the same manner as the predecessor appointee was selected.

C.(1)(a) At the expiration of their respective terms of office, the successors to such appointees shall be appointed within thirty days for six-year terms. The police juries shall fill vacancies in the same manner as the predecessor appointees were selected.

(b) Notwithstanding the provisions of this Paragraph, upon the expiration of a term of office of a commissioner of Hospital Service District No. 3 of Vermilion Parish, the term of office of his successors to the board of commissioners of said district shall be two years.

(2)(a) The parish governing authority of the parish in which the district is located may permit a per diem to each member of the commission in an amount of not less than twenty-five dollars nor more than forty dollars for each day of his attendance at meetings of the commission, not to exceed twelve meetings per year payable out of the funds of the hospital service district.

(b) Notwithstanding any other provision of law to the contrary, the parish governing authority of St. Mary Parish may permit a per diem to each member of the board of commissioners of Hospital Service District No. 2 of the parish of St. Mary in the amount provided in this Subsection for each day of attendance at meetings of the commission, not to exceed twenty-four meetings per year.

(c) The Caddo Parish governing authority may permit a per diem to each member of the commission of the North Caddo Hospital Service District in an amount of not less than twenty-five dollars nor more than one hundred dollars for each day of his attendance at meetings of the commission, not to exceed twelve meetings per year payable out of the funds of the hospital service district.

(d) The governing authorities of Calcasieu Parish and Cameron Parish may permit a per diem to each member of the commission of the Calcasieu Cameron Hospital Service District in an amount of not less than twenty-five dollars nor more than three hundred dollars for each day of his attendance at meetings of the commission, not to exceed twelve meetings per year payable out of the funds of the hospital service district.

(e) The governing authorities of Madison Parish may permit a per diem to each member of the commission of the Madison Parish Hospital Service District in an amount of not less than forty dollars nor more than seventy-five dollars for each day of attendance at meetings of the commission, not to exceed twenty-four meetings per year payable out of the funds of the hospital service district.

(f) Notwithstanding any other provision of law to the contrary, the governing authority of St. Charles Parish may permit a per diem to each member of the commission of a hospital service district in the parish in an amount of not less than forty dollars nor more than sixty dollars for each day of attendance at meetings of the commission, not to exceed twelve meetings per year.

(g) Notwithstanding any other provision of law to the contrary, the governing authority of Concordia Parish may permit a per diem to each member of the Concordia Parish Hospital Service District No. 1 in an amount not to exceed three hundred dollars for each day of attendance at meetings of the commission, not to exceed twelve meetings per year.

(h) Notwithstanding any other provision of law to the contrary, the governing authority of St. Landry Parish may permit a per diem to each member of the commission of Hospital Service District No. 1 of St. Landry Parish in an amount of not less than forty dollars nor more than one hundred dollars for each day of attendance at meetings of the commission, not to exceed twelve meetings per year, payable out of the funds of the hospital service district.

(i) Notwithstanding any other provision of law to the contrary, the governing authority of Vermilion Parish may permit a per diem to each member of the commission of Vermilion Parish Hospital Service District No. 3 in an amount not to exceed one hundred twenty-five dollars for each day of attendance at meetings of the commission, not to exceed twelve regular meetings per year and four special meetings per year, payable out of the funds of the hospital service district.

(j) In lieu of the per diem provided for in Subparagraph (a) of this Paragraph, the governing authority of Ouachita Parish may permit the payment of a salary to each member of the commission of the Ouachita Parish hospital service district within which the G. B. Cooley Hospital is situated in an amount not to exceed one hundred fifty dollars per month, payable from funds of the district.

(3) Any member of the commission may be removed from office for cause and his appointment rescinded by two-thirds vote of the elected membership of the parish governing authority which appointed him.

D.(1) The governing authority of the parish of Washington may increase to ten the number of commissioners for the Washington Parish Hospital Service District Number One. One commissioner shall be appointed from each of the eight wards in that district. One additional member shall be appointed from Ward Three. The other additional member shall be an active medical staff member of the Riverside Medical Center who is a resident of the district and who shall be recommended to the parish governing authority by the medical staff of the Riverside Medical Center for appointment. The term of the medical staff member shall be two years.

(2) Notwithstanding any other provision of this Section to the contrary, the governing authority of Washington Parish may permit a per diem to each member of the commission in an amount not to exceed seventy-five dollars for each day of his attendance at meetings of the commission not to exceed twelve regular meetings per year and twelve emergency meetings per year, payable out of funds of the hospital service district.

E. In the parish of Ouachita, the Ouachita Parish Hospital Service District within which is situated the G. B. Cooley Hospital, shall be governed by a board composed of seven members. One of the first additional commissioners so appointed shall serve for two years, and one for four years; thereafter, their terms shall be as provided in Subsection C of this Section.

F. In the parish of Richland, the Richland Parish Hospital Service District, within which is situated the Richland Parish Hospital, shall be governed by a board of commissioners composed of seven members. These two additional members shall be medical doctors. One of the first additional commissioners so appointed shall serve for two years, and one for four years; thereafter, their terms shall be as provided in Subsection C of this Section. The Richland Parish Hospital Service District Number 1-B, within which is situated the Richardson Medical Center in Rayville, shall be governed by a board of commissioners consisting of six members. One of the members shall be a physician selected by the staff of the Richardson Medical Center. Notwithstanding any other provision to the contrary, the parish governing authority of Richland Parish may permit a per diem to each member of the board of commissioners of the Richland Parish Hospital Service District in an amount of not less than twenty-five dollars nor more than fifty dollars for each day of his attendance at meetings of the commission, not to exceed twenty-four meetings per year payable out of the funds of the hospital service district.

G. The Hospital Service District Number One of the parish of Avoyelles shall be governed by a board of commissioners composed of seven members. One of the first additional commissioners so appointed shall serve for two years, and one for four years; thereafter, their terms shall be as provided in Subsection C of this Section.

H. In the parish of Allen, the governing authority thereof may increase the number of commissioners to not more than seven members. One of the first additional commissioners so appointed shall serve for two years, and one for four years; thereafter, their terms shall be as provided in Subsection C of this Section.

I. In the parish of Bienville, the governing authority thereof may increase the number of commissioners for the hospital service district therein to not more than seven. Of the commissioners so appointed, three shall serve an initial term of three years, three others shall serve an initial term of four years, and the other member shall serve an initial term of six years.

J.(1) In the parish of Union, the East Union Parish Hospital Service District shall be governed by a board composed of seven commissioners appointed in such a manner that there shall be a resident of each of Wards One, Two, Five, Six, Seven, and Eight of the parish and one at-large member. Such at-large member shall be appointed by the board and shall serve an initial term of two years. The member from Ward One shall serve an initial term of four years. Thereafter, their terms shall be as provided in Subsection C of this Section.

(2) Board members serving on the effective date of this Subsection shall serve until the expiration of their terms, and their successors shall be appointed in such a manner that there shall be a resident of each of Wards Two, Five, Six, Seven, and Eight, all to serve terms as provided in Subsection C of this Section.

K.(1) In the parish of Vermilion, Hospital Service District No. 1 shall be governed by a commission composed of eight members. Each chief of the medical staff at the Abrom Kaplan Memorial Hospital shall be a member of the commission during his term in office. The other additional members provided for by this Paragraph shall be appointed for initial terms of six years each by the police jury of the parish of Vermilion and thereafter shall serve four-year terms.

(2) Notwithstanding any other provision of law to the contrary, the governing authority of Vermilion Parish may permit a per diem to each member of the commission in an amount not to exceed two hundred dollars for each day of his attendance at meetings of the commission not to exceed twenty-four regular meetings per year and twelve special meetings per year, payable out of funds of the hospital service district.

L.(1) The Vermilion Parish Hospital Service District No. 2 shall be governed by a board of commissioners composed of seven members. One member shall be appointed by the parish governing authority from among the physicians who are residents of the district. If no physician is willing to serve, then the parish governing authority may appoint any person who is otherwise eligible to fill the office. Members appointed from among the physicians of the district and members appointed in place of such member shall serve two-year terms. All other members shall serve four-year terms.

(2) Notwithstanding any other provision of this Section to the contrary, the governing authority of Vermilion Parish may permit a per diem to each member of the commission in an amount not to exceed one hundred twenty-five dollars for each day of his attendance at meetings of the commission not to exceed twenty-four regular meetings per year and twelve special meetings per year, payable out of funds of the hospital service district.

M.(1) Notwithstanding any other provisions of this Chapter, any hospital service district formed or created in the parish of Terrebonne under the provisions of this Chapter shall be governed by a board composed of not less than five nor more than eleven commissioners, hereafter referred to as the commission or the board of commissioners, and the parish governing authority shall establish the exact number of commissioners and appoint them.

(2)(a) Insofar as possible the initial commissioners shall be appointed with staggered terms so that a substantially equal number of commissioners are appointed for one-, two-, and three-year initial terms and if eleven commissioners are appointed, four commissioners shall serve for a term of one year, four commissioners shall serve for a term of two years, and three commissioners shall serve for a term of three years.

(b)(i) Notwithstanding any other provision of law to the contrary, the terms of the eleven members of the board of commissioners of Hospital Service District No. 1 of Terrebonne Parish serving on the effective date of this Subparagraph shall be as provided in Item (ii) of this Subparagraph.

(ii)(aa) Of the five commissioners whose terms are set to expire in 2012, the terms of two of such commissioners shall be extended by one year as determined by lot at the first meeting of the board after the effective date of this Subparagraph.

(bb) The terms of the remaining three commissioners whose terms are set to expire in 2012 shall expire in 2012.

(cc) The terms of the three commissioners whose terms are set to expire in 2013 shall be extended by one year.

(dd) The terms of the three commissioners whose terms are set to expire in 2011 shall expire in 2011.

(3)(a) Upon the expiration of the term of a commissioner as provided in Subparagraph (2)(b) of this Subsection, a successor shall be appointed by the parish governing authority for a term of four years.

(b) No person who has been appointed to serve as a commissioner for more than two and one-half terms in three consecutive terms, which period of service began on or after August 15, 1997, shall be appointed for a succeeding term.

(c) All commissioners shall be subject to removal only upon a showing of just cause by the parish governing authority.

(4) If a vacancy occurs for any other reason, a successor commissioner shall be appointed by the parish governing authority for the remainder of the unexpired term.

(5) A commissioner shall hold office until his successor has been appointed and may succeed himself when so appointed by the parish governing authority subject to the limitation provided in Subparagraph (3)(b) of this Subsection.

(6) Each commissioner shall be a registered voter with a minimum of two years prior residency within the parish.

(7) Any board of commissioners in the parish of Terrebonne may contract with the Terrebonne Parish governing authority under the provisions of the Local Services Law and other constitutional and statutory authority with respect to the planning, financing, construction, maintenance, and operation of Terrebonne General Hospital, including but without limitation the issuance of bonds by the hospital district as authorized by law for financing any portion of project cost and the expenditure of hospital bond funds of the parish of Terrebonne, on such terms and conditions as the board of commissioners and the governing authority shall determine to be in the public interest.

(8) The board of commissioners may appoint a hospital director and otherwise provide for the administration of any facilities under its control without the approval of the medical staff as elsewhere required in this Chapter but in so doing may consult with the medical staff or others as the commissioners deem appropriate.

(9) The terms and provisions of any agreement between the board of commissioners, as the governing authority of the hospital district, and the governing authority of the parish of Terrebonne, shall control over other provisions of this Chapter with respect to the planning, financing, construction, maintenance, and operation of Terrebonne General Hospital unless prohibited by law.

N.(1)(a) The governing authority of the parish of Caddo may increase the number of commissioners for the North Caddo Hospital Service District therein to nine. The three additional commissioners so appointed shall each serve an initial term of up to four years.

(b) The initial terms of the three additional commissioners so appointed pursuant to Subparagraph (1)(a) of this Subsection shall terminate as follows: one shall terminate on July 1, 2003, one on July 1, 2004, and one on July 1, 2005.

(c) The commissioners so appointed shall draw lots at the first meeting of the board to determine which commissioner shall serve for each of such initial terms.

(2)(a) The commissioners serving on June 18, 2003, shall continue to serve until the expiration of their current terms; thereafter, each successor of such members shall be appointed to a term of six years. However, if upon the effective date of this Subparagraph the successor to the member whose term expires on July 1, 2003, as provided in Subparagraph (1)(b) of this Subsection, has been appointed to fill such vacancy, such member shall serve a six-year term.

(b) In the event that a commissioner's position on the board should become vacant by reason of death, resignation, or otherwise, prior to the expiration of his term, such vacancy shall be filled for the remainder of the unexpired term.

O. The Acadia-St. Landry Hospital Service District shall be governed by a board of commissioners composed of six members. The additional commissioner herein provided for shall be appointed from the active medical staff serving the district. Notwithstanding the provisions of Subsection C of this Section, the additional commissioner so appointed shall serve a term of two years and his successors shall serve terms of two years. The terms of all other commissioners shall be as otherwise provided in this Section.

P. Notwithstanding any other provision to the contrary, the parish governing authority of Iberia Parish may permit a per diem to each member of the commission in an amount of not less than twenty-five dollars nor more than forty dollars for each day of his attendance at meetings of the commission not to exceed thirty-six meetings per year, payable out of the funds of the hospital service district.

Q.(1) Concordia Parish Hospital Service District Number One shall be governed by a board of commissioners composed of seven members. The two additional commissioners provided for by this Subsection shall be appointed initially by the governor. Each such appointment by the governor shall be submitted to the Senate for confirmation. One of the additional commissioners shall be appointed to serve an initial term of two years and one to an initial term of four years. The initial additional members appointed pursuant to this Subsection may be removed from office for cause and the appointment rescinded by the governor.

(2) Upon expiration of the term of each of the initial two additional commissioners appointed pursuant to this Subsection, the successors of one of such additional commissioners shall be appointed by the police jury of the parish and shall serve six-year terms and be subject to removal as provided in Subsection C of this Section. Each of the successors of the remaining additional commissioner shall be designated as the physician member. The medical staff of the Riverland Medical Center shall elect an active member of the medical staff at the medical center to serve as the physician member. The term of the physician member shall be two years. The physician member is subject to the requirements of Subsection A of this Section that commissioners be qualified voters and residents of the district.

R. The Catahoula Parish Hospital Service District Number One shall be governed by a board of commissioners composed of seven members. The two additional commissioners provided for by this Subsection shall be appointed by the governing authority of Catahoula Parish, shall serve initial terms of six years each, and thereafter shall serve six year terms as provided in Subsection C of this Section.

S. The Catahoula Parish Hospital Service District Number Two shall be governed by a board of commissioners composed of seven members. The two additional members provided for by this Subsection shall be appointed by the governing authority of Catahoula Parish and shall serve initial terms of two years each, and their successors thereafter shall serve six-year terms as provided in Subsection C of this Section.

T. The Lower South Cameron Memorial Hospital Service District shall be governed by a board of commissioners composed of seven members. The two additional members provided for by this Subsection shall be appointed by the governing authority of Cameron Parish and shall serve initial terms of two years each, and their successors thereafter shall serve six-year terms as provided in Subsection C of this Section.

U.(1) The Natchitoches Parish Police Jury may increase the membership of the board of commissioners of the Natchitoches Parish Hospital Service District to not more than seven members. The two additional members provided for by this Subsection shall be appointed by the police jury for initial terms of six years each and their successors shall serve six-year terms.

(2) Notwithstanding any other provision of law to the contrary, one of the members appointed to the Natchitoches Parish Hospital Service District shall be a member of the governing authority of Natchitoches Parish.

V.(1) The Pointe Coupee Parish Hospital Service District Number One, or the Pointe Coupee Parish Health Services District Number One if the hospital service district is so renamed as provided in R.S. 46:1051(D), shall be governed by a board of commissioners composed of nine members. The additional commissioners provided for by this Subsection shall be appointed by the governing authority of Pointe Coupee Parish. Two of the additional commissioners so appointed shall serve initial terms of two years each, and two shall serve initial terms of four years each; thereafter, their successors shall serve six-year terms as provided in Subsection C of this Section.

(2) Notwithstanding any other provision of law to the contrary, two of the members appointed to the board of commissioners of the district may be members of the governing authority of Pointe Coupee Parish.

W. The Rayne Branch Hospital Service District of the parish of Acadia shall be governed by a board of commissioners composed of seven members. The two additional members provided for by this Subsection shall be appointed by the governing authority of Acadia Parish and shall serve initial terms of six years each, and their successors thereafter shall serve six-year terms as provided in Subsection C of this Section.

NOTE: SUBSECTION X AS PER ACTS 1988, NO. 396, §1 AND ACTS 1988, NO. 768, §1:

X. The Plaquemines Parish Hospital Service District Number One shall be governed by a board of commissioners composed of nine members, one from each councilmanic district of Plaquemines Parish. Each such member shall be a qualified voter and resident of the district and shall be appointed by the Plaquemines Parish Council from nominations by the president of Plaquemines Parish. Such members shall serve terms concurrent with the terms of the Plaquemines Parish Council.

NOTE: SUBSECTION X AS PER ACTS 1988, NO. 876, §1:

X. The board of commissioners of the Plaquemines Parish Hospital Service District Number One shall be composed of nine commissioners, one from each of the Plaquemines Parish council districts, who shall be qualified voters and residents of the district, nominated by the parish president or parish council, and appointed by the Plaquemines Parish Council.

Y.(1) The Hospital Service District Number One of East Baton Rouge Parish shall be governed by a board of commissioners composed of nine members.

(2) The two members added to the board by Act 149 of the 2002 First Extraordinary Session shall be appointed by the parish governing authority and shall serve initial terms of four years each, and their successors shall serve four-year terms.

(3) The terms of the members of the board of commissioners in office on the effective date of this Paragraph shall expire as provided by law. The successors of each such member shall be appointed for four-year terms.

(4) At least one member of the board of commissioners shall be a practicing physician who resides in the district.

Z. The Merryville Hospital Service District of Beauregard Parish shall be governed by a board of commissioners composed of seven members. The two additional members provided for by this Subsection shall be appointed by the mayor and board of aldermen of the town of Merryville and shall serve initial terms of two years each, and their successors shall serve six-year terms.

AA. Notwithstanding any provision of this Section to the contrary, the Hospital Service District Number One of St. Landry Parish shall be governed by a board of commissioners composed of seven members. One additional commissioner provided for by this Subsection shall be appointed by the St. Landry Parish Police Jury and shall serve six-year terms and the other additional commissioner shall be the chief of the medical staff of the hospital located within said service district and shall serve a term concurrent with his term as chief of staff.

BB.(1) In the parish of Jackson, the Jackson Parish Hospital Service District shall be governed by a commission composed of five members who possess the qualifications provided in Paragraph (2) of this Subsection. The commission members shall be appointed by a majority vote of the police jury of the parish for six-year terms.

(2) The commission members shall be qualified voters and residents of Jackson Parish and shall possess the following qualifications:

(a) One commission member shall possess financial expertise and be an officer or owner of a bank or group of banks in the parish.

(b) One commission member shall possess legal expertise and be a licensed attorney in good standing in the parish who is not employed by the district attorney's office.

(c) One commission member shall possess medical expertise and be a licensed healthcare professional who practices at the hospital service district hospital in the parish.

(d) One commission member shall possess business or accounting expertise, practice his profession in the parish, and be a licensed certified public accountant or hold a master's degree in business administration.

(e) One commission member shall possess managerial expertise and be employed by a manufacturer located in the parish which has more than two hundred employees and manufactures products made from pulp wood or other fibrous materials.

CC. Hospital Service District No. 1 of Assumption Parish shall be governed by a board of commissioners composed of seven members. The two additional members provided for by this Subsection shall be appointed by the parish governing authority and shall serve initial terms of two years. Such initial terms shall not begin prior to January 1, 1996. Successors to the two additional members shall serve six-year terms.

DD.(1) The Claiborne Parish Hospital Service District Number Three shall be governed by a board of commissioners composed of nine members. The governing authority of Claiborne Parish shall appoint the commissioners as follows:

(a) One member appointed from police jury district numbers one and two.

(b) One member appointed from police jury district numbers three and four.

(c) One member appointed from police jury district numbers five and six.

(d) One member appointed from police jury district numbers seven and eight.

(e) One member appointed from police jury district numbers nine and ten.

(f) Two members appointed, at large, from Claiborne Parish.

(g) Two physicians practicing medicine within Claiborne Parish.

(2) The terms of the initial seven non-physician members shall be determined by lot at the first meeting with one commissioner serving for one year, two commissioners serving for two years, two commissioners serving for three years, and two commissioners serving for four years. Their successors shall each serve four-year terms.

(3) The terms of the initial two physicians shall be determined by the governing authority of Claiborne Parish, prior to the first meeting of the district, with one physician serving for one year and the other physician serving for two years, and their successors shall each serve two-year terms.

(4) All vacancies or replacements shall be filled by appointment by the governing authority of Claiborne Parish. Nothing in this Subsection shall impair or affect the operation of any hospital service district in Claiborne Parish.

EE. In the parish of Beauregard, the Hospital Service District Number Two shall be governed by a board of commissioners composed of ten members. The additional members provided for by this Subsection shall be appointed by the governing authority and shall serve staggered initial terms with two commissioners appointed for two years, two for three years, and one for four years. Thereafter, such additional commissioners shall serve six-year terms as provided in Subsection C of this Section.

FF. Notwithstanding any other provision of law to the contrary and in addition to any other authority granted by law, the governing authority of a parish having a population in excess of twenty thousand eight hundred but not more than twenty-two thousand persons based on the latest federal decennial census may appoint a physician who is an active member of the hospital medical staff of the district to the board of commissioners for a parish hospital service district. Notwithstanding any other provision of law to the contrary, the physician so appointed shall be designated as the physician member of the board of commissioners.

Acts 1988, No. 396, §1; Acts 1988, No. 768, §1; Acts 1988, No. 876, §1; Acts 2019, No. 396, §1Acts 1990, No. 358, §1; Acts 1991, No. 339, §1; Acts 1991, No. 407, §1; Acts 1992, No. 475, §1; Acts 1992, No. 917, §1; Acts 1993, No. 4, §1; Acts 1993, No. 9, §1, eff. May 18, 1993; Acts 1993, No. 494, §3, eff. June 10, 1993; Acts 1995, No. 6, §1, eff. May 25, 1995; Acts 1995, No. 12, §1, eff. May 25, 1995; Acts 1995, No. 582, §1; Acts 1995, No. 934, §1; Acts 1995, No. 1174, §1; Acts 1995, No. 1267, §1; Acts 1996, 1st Ex. Sess., No. 79, §1; Acts 1997, No. 1083, §2; Acts 2000, 1st Ex. Sess., No. 9, §1, eff. April 14, 2000; Acts 2001, No. 360, §1; Acts 2001, No. 687, §1, eff. July 1, 2001; Acts 2002, 1st Ex. Sess., No. 18, §1; Acts 2002, 1st Ex. Sess., No. 37, §1, eff. April 18, 2002; Acts 2002, 1st Ex. Sess., No. 149, §1, eff. April 24, 2002; Acts 2003, No. 400, §§1 and 2, eff. June 18, 2003; Acts 2004, No. 592, §1, eff. July 1, 2004; Acts 2005, No. 313, §1, eff. June 29, 2005; Acts 2008, No. 98, §1; Acts 2011, No. 47, §1; Acts 2011, No. 286, §1, eff. June 28, 2011; Acts 2013, No. 138, §1; Acts 2014, No. 811, §24, eff. June 23, 2014; Acts 2017, No. 139, §1; Acts 2017, No. 149, §1; Acts 2017, No. 156, §1, eff. Feb. 1, 2019; Acts 2018, No. 52, §1; Acts 2018, No. 94, §1; Acts 2018, No. 153, §1, eff. May 15, 2018; Acts 2019, No. 62, §1, eff. June 3, 2019; Acts 2019, No. 346, §1; Acts 2022, No. 321, §§1, 2, eff. June 10, 2022; Acts 2023, No. 122, §1; Acts 2023, No. 232, §1, eff. July, 1, 2023; Acts 2025, No. 430, §1.

NOTE: See Acts 2003, No. 562.

NOTE: See Acts 2006, No. 536.
La. Rev. Stat. § 46:1002 — LA Code / Code revised-statutes / Title 46 / Section 1002
Vocational testing and counseling; purpose; duties of the office of children and family services
Status: in_force

A. The Department of Children and Family Services, office of children and family services, shall provide, in each of its regional offices, vocational testing and counseling on the subjects of higher education and employment for those individuals in long-term foster care at the youngest age deemed appropriate to process the information.

B. Through vocational testing, the office of children and family services shall seek to identify areas of potential interest and potential employment that are specific to an individual in foster care and, to this end, the office shall:

NOTE: §1002 (Section Heading) and Subsections A and (B)(intro. para.) as amended by Acts 2025, No. 477, eff. Oct. 1, 2027.

§1002. Vocational testing and counseling; purpose; duties of Louisiana Works

A. Louisiana Works shall provide, in each of its regional offices, vocational testing and counseling on the subjects of higher education and employment for those individuals in long-term foster care at the youngest age deemed appropriate to process the information.

B. Through vocational testing, Louisiana Works shall seek to identify areas of potential interest and potential employment that are specific to an individual in foster care and, to this end, the office shall:

(1) Conduct a minimum of three, one-hour long counseling sessions annually with each individual, covering the subjects of potential employment both during and after high school, as well as possibilities for education beyond high school.

(2) Encourage and assist individuals in long-term foster care to find part-time work while they are still in high school as a means of discovering their interests and capabilities, as well as fostering a sense of independence.

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

C. The office of children and family services shall adopt all necessary rules and regulations to carry out the provisions of this Chapter.

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

C. Louisiana Works shall adopt all necessary rules and regulations to carry out the provisions of this Chapter.

Acts 2005, No. 82, §1; Acts 2025, No. 477, §15, eff. Oct. 1, 2027.
La. Rev. Stat. § 46:1352 — LA Code / Code revised-statutes / Title 46 / Section 1352
Definitions
Status: in_force

In this Chapter:

(1) "Approved runaway and homeless youth residential program or facility" means any residential program or facility licensed by the division of licensing and certification of the Department of Children and Family Services as a child residential care provider including a community home, a group home, a residential home, an adult residential facility possessing a waiver for the housing of juveniles, or an emergency shelter.

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

(3) "Director" means the administrator of an approved runaway and homeless youth facility or program.

(4) "Homeless youth" means a person under the age of twenty-one who is without a place of shelter where supervision and care are available.

(5) "Runaway youth" means a person under the age of eighteen years who is absent from his legal residence without the consent of his parent, guardian, or legal custodian.

(6) "Youth" means "runaway youth" and "homeless youth".

Acts 1989, No. 803, §1, eff. July 11, 1989; Acts 1999, No. 1087, §1, eff. July 9, 1999.
La. Rev. Stat. § 46:2574 — LA Code / Code revised-statutes / Title 46 / Section 2574
Report
Status: in_force

[Effective Date: Section terminated June 30, 1991.]

The task force shall submit a report of its findings, and recommendations, including proposed legislation if necessary, to the governor, the president of the Senate, and the speaker of the House of Representatives no later than March 30, 1991.

Acts 1989, No. 294, §1, eff. June 27, 1989; Acts 1990, No. 417, §1, eff. July 18, 1990.

{{NOTE: R.S. 46:2576 (ACTS 1989, NO. 294) PROVIDED TERMINATION DATE FOR TASK FORCE AS 6/30/90. ACTS 1990, NO. 417, EFF. 7/18/90 PROVIDED TERMINATION DATE OF 6/30/91.}}
La. Rev. Stat. § 46:2352 — LA Code / Code revised-statutes / Title 46 / Section 2352
Creation; board membership; terms; compensation
Status: in_force

A. The Louisiana Commission for the Deaf, hereinafter referred to as "the commission", is hereby created and established within the Louisiana Department of Health. The commission shall function as a program of the state and serve as the principal agency of the state providing leadership to promote the general welfare of d/Deaf, DeafBlind, and hard of hearing individuals. The secretary shall appoint a director in accordance with R.S. 46:2354.

B. The commission shall be governed by a board which is hereby created as a separate and distinct body to support the work of the commission and to advocate on behalf of d/Deaf, DeafBlind, and hard of hearing communities and their families. The secretary shall promulgate rules to establish the roles and responsibilities of the board. The board shall consist of eighteen members as follows:

(1) The assistant secretary of the Louisiana Department of Health, office of behavioral health, or his designee.

(2) The president of the Louisiana Association of the Deaf or his designee.

(3) The president of the Louisiana Registry of Interpreters for the Deaf or his designee.

(4) The superintendent of the Louisiana School for the Deaf or his designee.

(5) The secretary of the Department of Children and Family Services or his designee.

(6) The superintendent of education or his designee.

(7) The secretary of Louisiana Works or his designee.

(8) The speaker of the House of Representatives or his designee.

(9) The president of the Senate or his designee.

(10) The secretary of the Louisiana Department of Health or his designee.

(11) The executive director of the office of disability affairs or his designee.

(12) In addition, the governor shall appoint seven lay members to the board, two of whom shall be deaf persons, one of whom shall be hard of hearing, one of whom shall be a parent of a deaf person, one of whom shall be a person who is DeafBlind, and two of whom shall be professionals who work with deaf persons. Each appointment by the governor shall be subject to Senate confirmation.

C. A person shall be eligible for appointment to the board if his or her position, knowledge, or experience qualifies him or her to represent the concerns, needs, and recommendations of the d/Deaf, DeafBlind, and hard of hearing communities. All appointments shall be made for four years, except that if a vacancy occurs, the appointment shall be made only for the length of the unexpired term.

D. The board shall meet and organize immediately after members are appointed and shall elect from its membership a chairperson, who shall serve for two years, and any other officers it deems necessary. The board may establish rules and regulations for its own procedure and for the administration of the affairs of the commission. The board shall meet at least once in each quarter of the fiscal year and may meet more often as deemed necessary by the chairperson.

E.(1) Members of the board shall receive no salary for their services but shall be reimbursed for actual travel and other expenses incurred in the performance of their duties in accordance with travel regulations of the division of administration. Officers of the board shall be reimbursed for necessary and other expenses incurred in the performance of their duties.

(2) A board member may receive services offered by the commission to the extent services are provided under the same terms and conditions as received by any d/Deaf, DeafBlind, or hard of hearing individual in this state. A board member receiving services offered by the commission shall not participate or have any involvement in any commission transaction or business matter regarding the provision of services received by the board member.

NOTE: Subsection (F)(intro. para.) eff. until one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier. See Acts 2022, No. 128.

F. Upon request of the board, the directors of the following agencies shall make themselves available for consultation and shall provide information regarding the services available to the deaf through their respective agencies:

NOTE: Subsection (F)(intro. para.) as amended by Acts 2022, No. 128, eff. when one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier.

F. Upon request of the board, the directors of the following agencies, and the secretary in the case of the Department of Elderly Affairs, shall make themselves available for consultation and shall provide information regarding the services available to the deaf through their respective agencies:

(1) The Mental Health Advocacy Service.

(2) The Louisiana Department of Health, office of aging and adult services.

(3) The Louisiana Department of Health, office for citizens with developmental disabilities.

(4) The governor's office of elderly affairs.

(5) The Louisiana Department of Health medical assistance program.

(6) The Governor's Office of Homeland Security and Emergency Preparedness.

G. The board may request consultation or information, or both, from any state department or agency serving d/Deaf, DeafBlind, or hard of hearing persons.

Added by Acts 1980, No. 629, §2; Acts 1992, No. 447, §4, eff. June 20, 1992; Acts 1993, No. 542, §1; Acts 1993, No. 712, §4, eff. June 21, 1993; Acts 1995, No. 924, §1; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2009, No. 384, §5, eff. July 1, 2010; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2010, No. 939, §8, eff. July 1, 2010; Acts 2013, No. 384, §5, eff. if one of the 20 depts. is abolished or an additional dept. is authorized by the electorate; Acts 2014, No. 791, §17; Acts 2022, No. 128, §1; Acts 2022, No. 128, §2, see Act; Redesignated from R.S. 46:2351.

NOTE: Former R.S. 46:2352 redesignated as R.S. 46:2353 by Acts 2022, No. 128, §1.
La. Rev. Stat. § 46:51.1.1 — LA Code / Code revised-statutes / Title 46 / Section 51.1.1
Child support programs; foster care; rights; responsibilities
Status: in_force

A.(1) If a child is removed from a parent's or another individual's custody or voluntarily placed into foster care by the parent or the individual, the parent or individual shall be deemed to have made an assignment to the department of his entire right, title, and interest to any support obligation the parent or individual may have in his own behalf or on behalf of any family member receiving foster care services which has accrued at the time of the placement of the child in foster care and which accrues during the time the child is in foster care without necessity of signing any documents.

(2) Voluntary child support payments made to the parent or individual at the time of placement of the child in foster care or during the time the child is in foster care shall be deemed to have been assigned to the department, unless the assignment is contrary to a valid court order. The department may thereafter collect the support payments by appropriate process.

B.(1) The parent or individual shall also be deemed to have consented to all of the following:

(a) The designation of the department as payee in an initial or amended order of support.

(b) The appointment of the child support enforcement administrator as the parent's or individual's true and lawful attorney-in-fact to act in the parent's or individual's name, place, and stead to perform the specific act of endorsing any and all drafts, checks, money orders, or other negotiable instruments representing support payments which are received on behalf of the parent or individual.

(2) The department shall be an indispensable party to any proceeding involving a support obligation or arrearage owed pursuant to this Section.

C. No parent or individual who has had a child removed from the parents' custody or voluntarily placed in foster care shall be permitted to enter into a contract for the collection of support pursuant to R.S. 51:1441 et seq. Any such contract shall be considered a violation of public policy and shall be void.

D. Nothing in this Section shall be construed to require the child support enforcement program to violate 45 CFR 302.51 or 45 CFR 302.52.

E. The provisions of this Section shall apply retroactively to all support rights assigned, whether by written assignment or by operation of law, prior and subsequent to June 11, 2019.

Acts 2019, No. 241, §1, eff. June 11, 2019.
La. Rev. Stat. § 46:439.2 — LA Code / Code revised-statutes / Title 46 / Section 439.2
Qui tam action procedures
Status: in_force

A. The following procedures shall be applicable to a qui tam action:

(1) The complaint shall be captioned: State of Louisiana Ex Rel.: [insert name of qui tam plaintiff(s)] v. [insert name of defendant(s)]". The qui tam complaint shall be filed with the appropriate state or federal district court.

(2) A copy of the qui tam complaint and written disclosure of substantially all material evidence and information each qui tam plaintiff possesses shall be served upon the state in accordance with the applicable rules of civil procedure.

(3) When a person brings an action in accordance with this Subpart, no person or entity other than the state may intervene or bring a related action based on the facts underlying the pending action.

(4)(a) The complaint and information filed with the court shall be made under seal, shall remain under seal for at least ninety days from the date of filing, and shall be served on the defendant when the seal is removed.

(b) For good cause shown, the state may move the court for extensions of time during which the petition remains under seal. Any such motions may be supported by affidavits or other submissions in camera and under seal.

B.(1) If the state elects to intervene in the action, the state shall not be bound by any act of a qui tam plaintiff. The secretary or the attorney general shall control the qui tam action proceedings on behalf of the state and the qui tam plaintiff may continue as a party to the action, subject to the limitations set forth in this Section and R.S. 46:439.3. For prescription purposes, any government complaint in intervention, whether filed separately or as an amendment to the qui tam plaintiff's complaint, shall relate back to the filing date of the complaint, to the extent that the claim of the government arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the qui tam plaintiff's complaint.

(2) Upon a showing by the state during the course of the litigation by the qui tam plaintiff that the action would interfere with or unduly delay the state's prosecution of the case, or it would be repetitious, irrelevant, or for the purposes of harassment, the court may, in its discretion, impose limitations on the qui tam plaintiff's participation, including but not limited to all of the following:

(a) Limiting the number of witnesses the qui tam plaintiff may call.

(b) Limiting the length of a witness' testimony.

(c) Limiting the qui tam plaintiff's cross-examination of a witness.

(d) Otherwise limiting the participation of the qui tam plaintiff in the litigation.

(3) If requested by the state and notwithstanding the objection of the qui tam plaintiff, the court may dismiss the qui tam action provided the qui tam plaintiff has been notified by the state of the filing of the motion to dismiss and the court has provided the qui tam plaintiff a contradictory hearing on the motion.

(4)(a) Whether or not the state proceeds with the action, upon a showing by the state that certain actions of discovery by the qui tam plaintiff would interfere with the investigation or proceedings of a criminal or civil matter arising out of the same facts, the court may stay such discovery for a period of not more than sixty days. The court shall conduct an in-camera showing in accordance with this Subparagraph. The court may extend the sixty-day period upon a further showing, in-camera, that the state has pursued the criminal or civil investigation or proceedings with reasonable diligence and any proposed discovery in the qui tam action will interfere with the ongoing criminal or civil investigation or proceedings.

(b) When a qui tam plaintiff proceeds with the action, the court, without limiting the status and rights of the qui tam plaintiff, may nevertheless permit the secretary or the attorney general to intervene at a later date upon a showing of good cause.

(5) The state may settle the qui tam action with the defendant notwithstanding the objection of the qui tam plaintiff if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under the circumstances. The court may conduct the hearing in camera upon a showing of good cause.

C. Repealed by Acts 2011, No. 185, §2.

D. A defendant shall have thirty days from the time a qui tam complaint is served on him to file a responsive pleading.

E. If the state elects not to proceed with the action, the qui tam plaintiff shall have the right to conduct the action. At the state's request, the qui tam plaintiff and the defendant shall serve the state with all pleadings in the action and supply the state with copies of all deposition transcripts at the state's expense.

F. Repealed by Acts 2025, No. 206, §2.

Acts 1997, No. 1373, §1; Acts 2007, No. 14, §1, eff. June 18, 2007; Acts 2009, No. 426, §1; Acts 2011, No. 185, §§1, 2; Acts 2025, No. 206, §§1, 2.
La. Rev. Stat. § 46:460.53 — LA Code / Code revised-statutes / Title 46 / Section 460.53
Contract amendments; public notice
Status: in_force

A. The department, prior to executing any amendment to a professional, personal, consulting, or social services contract that provides for managed care under the Louisiana Medical Assistance Program through the use of a managed care organization, primary care case management, prepaid inpatient health plan, or prepaid ambulatory health plan, all as defined in 42 CFR 438.2, shall publish on a publicly accessible page of the department's website a copy of the entire proposed contract amendment and provide a public comment period of no less than thirty days.

B. If the department finds that an imminent peril to the public health, safety, or welfare requires immediate execution of a proposed contract amendment without otherwise publishing the proposed contract amendment as required in Subsection A of this Section, the department may execute the proposed contract amendment upon publishing a copy of the contract amendment and a written statement that details the reason for finding that an imminent peril to the public health, safety, or welfare requires adoption of the executed amendment.

Acts 2019, No. 319, §1.
La. Rev. Stat. § 46:236.3 — LA Code / Code revised-statutes / Title 46 / Section 236.3
Enforcement of support by income assignment
Status: in_force

A. For purposes of this Section, the following words have the meaning ascribed to them by this Section unless the context clearly indicates a different meaning:

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

NOTE: Paragraph (A)(2) eff. until Oct. 1, 2027. See Acts 2025, No. 477.

(2) "Department" means the Department of Children and Family Services, office of children and family services, child support enforcement section.

NOTE: Paragraph (A)(2) as amended by Acts 2025, No. 477, eff. Oct. 1, 2027.

(2) "Department" means the Department of Children and Family Services, office of child support.

(3) "Income" means any form of singular or periodic payment to an individual, regardless of source, including but not limited to wages, salary, interest, commission, compensation as an independent contractor, disability income, unemployment compensation, workers' compensation, bonuses, judgments, settlements, annuity and retirement benefits, and any other payments made by any person, private entity, federal or state government, any unit of local government, school district, or any entity created by public act.

(4) "Obligee" means the person for whom support has been ordered, or the person whose support rights have been assigned to the department or for whom the department is providing support enforcement services, or the department.

(5) "Obligor" means the person ordered to pay support.

(6) "Payor" means the payor of any income to a person ordered to pay support, or any financial institution in which the obligor has assets.

(7) "Support" means child support, spousal support, and medical support established by a court order and any amounts ordered under R.S. 46:236.5.

B.(1) Upon entry of any court order for the establishment or modification of support, the court shall order an immediate income assignment, which shall be effectuated immediately by providing a written notice to the payor or payors of income, unless there is a written agreement between the parties or the court finds good cause not to require immediate income assignment. This income assignment may be effectuated by providing a written notice to any payor or payors of income, advising the payor to withhold an amount for current support, any judgments entered for the costs of genetic testing, plus an additional amount, to be determined by the obligee, toward any arrearage.

(2)(a) For purposes of this Subsection, a "written agreement" means a written alternative arrangement signed by both the custodial parent and the noncustodial parent, and signed by the state in cases in which there is an assignment of support rights to the state.

(b) For purposes of this Subsection, "good cause" exists if the court or the department finds that implementing an immediate income assignment would not be in the best interests of the child or finds proof of timely payment of previous support awards within the immediate past twelve consecutive months.

C.(1) In any case in which the department is not providing services and in which an immediate income assignment has not been issued, the case shall be subject to immediate income assignment upon a delinquency of an amount equal to one month's support. To effectuate an income assignment under this Subsection, the obligee shall provide the obligor written notice that there is a delinquency and that the obligee intends to seek the issuance of an income assignment order. The notice shall include a form petition to stay service. The notice shall be served by any method provided by law for service of process. The cost of such service shall be paid by the person for whom support has been ordered.

(2) The person ordered to pay support may prevent an income assignment order from being served by filing a petition to stay service with the clerk of court within fifteen days after the notice.

(3)(a) Upon receipt of a petition to stay service, the clerk of court shall certify the petition and forward it to the appropriate court, which shall set a hearing on the petition within forty-five days.

(b) The court shall notify the person ordered to pay support and the person for whom support has been ordered or the department or its representative of the time and place of the hearing on the petition to stay service.

(4) If the obligor does not file a petition to stay service, any payor or payors of income may be served with a notice to withhold an amount for current support, plus an additional amount toward any arrears, to be determined by the court.

D.(1) In any case in which the department is providing services and in which an income assignment has not been issued, the case shall be subject to an immediate income assignment upon a delinquency of an amount equal to one month's support. In such cases, the department may provide a written notice to the payor or payors of income to withhold an amount for the current support, plus an additional amount, determined by the department, toward any arrears. Subsequently, the department shall provide the obligor with a notice advising that an arrearage exists and that a notice of an immediate income assignment has been served on the payor of income. The notice may be by certified mail, regular mail, transmission by electronic means, or personal or domiciliary service upon the payor or payors of income. The notice to the obligor may be served at the obligor's last known address. The cost of service of the notice upon the payor and notice to the obligor shall be borne by the department.

(2) The obligor may contest the effectuation of the income assignment by filing a petition to stay service with the court within fifteen days after receipt of the notice. The petition to stay shall stop the income assignment. The grounds to stay service shall be limited to a dispute concerning the existence or amount of the delinquency. The hearing on the petition to stay shall be scheduled within thirty days of filing the petition. If the court rules against the obligor, he shall pay all court costs, including reimbursing the department the cost of service to the payor and notice to the obligor.

E.(1)(a) Upon receipt of a notice to withhold, the payor of income shall withhold from the income of the obligor the amount ordered for support, as it becomes due, together with an additional sum, determined by the obligee, subject to the limitations provided by R.S. 13:3881, to discharge the past due amount, and shall continue the withholding each pay period or each singular or periodic payment until further order of the court or until the requirements in Subparagraph (b) of this Paragraph have been met. The payor of income shall implement withholding no later than the first pay period or first singular or periodic payment that occurs following receipt of the notice of income assignment and shall remit amounts withheld within seven days.

(b) An income assignment may be terminated by the obligor by complying with all of the following:

(i) Provide the payor and the obligee with an affidavit for the termination of the income assignment order which states current support is no longer due and no arrears are present and due.

(ii) The affidavit or a true copy thereof must be sent within three days after the affidavit is executed, by certified mail to last known addresses of both the payor and the obligee. The affidavit or a true copy thereof must be filed with the court which issued the income assignment order. The obligee has thirty days from the date the affidavit was executed to notify both the payor and the obligor, by certified mail, of an objection to the termination.

(iii) If the payor does not timely receive an objection to the affidavit for the termination of the income assignment order from the obligee, the payor shall stop withholding from the obligor's income no later than the first pay period or first singular or periodic payment that occurs thirty days after the affidavit was executed.

(iv) If the payor timely receives notice of the obligee's objection to the affidavit for the termination of the income assignment order, the payor shall continue withholding income according to the assignment order until further order of the court.

(v) If the payor receives an objection to the obligor's affidavit for the termination of the assignment from the obligee after the income assignment has been terminated pursuant to this Subsection and within ninety days from the date the affidavit for the termination was executed by the obligor, the income assignment order shall be reinstated by the payor no later than the first pay period or first singular or periodic payment of income.

(vi) The nonprevailing party shall pay all court costs and attorney fees of the prevailing party if a court order to terminate the income assignment is requested because of an objection made by the obligee.

(2) If the income seized is from disposable earnings, the sum shall not exceed the percentage of disposable earnings subject to seizure as defined in R.S. 13:3881 for the payment of a support obligation.

(3) The total amount withheld, including the name and social security number of the obligor, shall be forwarded within seven days as provided in the income assignment order. If the payor is withholding more than one support payment for a person ordered to receive support or the department or its representative per pay period or per singular or periodic payment of income, the payor may combine the payments into one check each pay period or singular or periodic payment of income, but shall identify the amount withheld from each person ordered to pay support and the date on which the money was withheld. In all cases in which the department is providing services, the payor shall include the case number or numbers, as indicated on the notice to withhold, with each check submitted.

(4) The payor may deduct a five-dollar processing fee from the income of the person ordered to pay support per each pay period or per singular or periodic payment during which the income assignment order is in effect.

(5) When two or more orders to withhold income for support are received, the orders shall be prorated; however, the total amount withheld for all support orders shall not exceed the percentage of disposable earnings subject to seizure as defined in R.S. 13:3881 for the payment of a support obligation. If there are insufficient funds available to satisfy all orders, the orders for current support shall be given priority on a pro rata basis.

(6)(a) For the purpose of this Paragraph, "lump-sum payment" means a single payment made all at once from any source, in lieu of recurring payments that would be received by an obligor over a period of time.

(b)(i) When a payor intends to issue a lump-sum payment in the amount of three hundred dollars or more to an obligor, the payor shall notify the department at least fifteen days prior to its issuance of the lump-sum payment. Nothing in this Paragraph shall prevent a payor from reporting a lower lump-sum payment at the payor's discretion.

(ii) Notice of the lump-sum payment shall be provided in a method approved by the department. The department shall provide information regarding all approved methods on its website.

(c) If, after fifteen days from the date the payor notifies the department, the payor has not received any verification from the department as to any withholdings of the lump-sum payment, then the payor may dispense the lump-sum payment in full to the obligor.

(d) The provisions of this Paragraph apply only when the department is providing support enforcement services.

(e) A payor who complies with the requirements of this Paragraph shall not be subject to the penalties provided for in Subsection K of this Section.

F. When the court renders judgment in an action brought pursuant to this Section, attorney fees and court costs may be awarded to the prevailing party.

G. Any person whose income is assigned under the provisions of this Section shall advise the court of any change in his employment during the effective period of assignment and shall advise the court of the name and address of any new payor of any singular or periodic payment of income. The information required herein shall be filed with the clerk of court on a form which shall be developed and distributed by the Department of Children and Family Services. The payor of a person whose income is assigned under the provisions of this Section shall inform the assignee in writing within ten days when the obligor terminates employment or the payment of income terminates and provide the obligor's last known address and the name and address of the obligor's new employer, if known. Any person who violates the provisions of this Subsection may be found guilty of contempt of court.

H. A support order issued pursuant to this Section shall be given preference to any other garnishment proceeding.

I.(1) The notice to withhold shall operate as an assignment and shall be binding, fourteen days after mailing or other transmission, or from the department by administrative order of income assignment, upon any existing or future employers or payors of income of the person ordered to pay support.

(2) Notwithstanding any provision of this Section, a payor may choose to receive notices to withhold in an electronic format from the department in accordance with the provisions of 42 U.S.C. 654a(g)(1)(A).

J. No payor shall discharge, discipline, or otherwise penalize any person ordered to pay support because of the duty to withhold income.

K. When a payor willfully fails to withhold or pay over income pursuant to a valid income assignment order or willfully discharges, disciplines, or otherwise penalizes a person ordered to pay support, or otherwise fails to comply with any duties imposed by this Section, the court, upon due notice and hearing:

(1) Shall enter judgment against the payor and direct the issuance of an execution for the total amount that the payor failed to withhold or pay over.

(2) May impose a fine against the payor, up to fifty dollars per day, for the failure to withhold or pay over the support in accordance with the provisions of the income assignment notice.

(3) May order reinstatement of or restitution to the person ordered to pay support, or both, where the person has been discharged, disciplined, or otherwise penalized by the payor as prohibited in this Section.

L.(1) When a person failing to comply with an order of support derives income from self-employment, commission, or from any payor not subject to the jurisdiction of the court, or any other type of employment which makes the application of Subsection E of this Section impractical, the court may require the person to enter into bond to the court in the amount of the past due support plus a sum fixed by the court to ensure the payment of support as it becomes due for a period of not less than three months, with sureties approved by the court, conditioned upon the person making payment as previously ordered.

(2) The court may order the cancellation of the bond upon proof of full payment of past due and current support pursuant to the support order as follows:

(a) The court may order cancellation of a bond issued pursuant to an initial order twelve months after proof of full payment of past due and current support payments.

(b) The court may order the cancellation of a bond issued pursuant to a second or subsequent order twenty-four months after proof of full payment of past due and current support payments.

M. Any person who willfully initiates a false proceeding under this Section or who willfully fails to comply with the requirements of this Section shall be punished as in cases of contempt of court.

N. The rights, remedies, duties, and penalties created by this Section are in addition to and not in substitution for any other rights, remedies, duties, and penalties created by any other law.

O. A payor who complies with a notice to withhold issued in accordance with this Section shall not be subject to civil liability to any person or agency with regard to the payor's withholding of support from the obligor's income.

Acts 1990, No. 743, §1, eff. July 24, 1990; Acts 1991, No. 503, §2; Acts 1993, No. 145, §2; Acts 1995, No. 426, §1; Acts 1995, No. 480, §1; Acts 1997, No. 1250, §1, eff. July 1, 1997; Acts 1998, 1st Ex. Sess., No. 7, §1, eff. April 24, 1998; Acts 1999, No. 563, §1; Acts 2001, No. 564, §1; Acts 2001, No. 859, §1, eff. June 26, 2001; Acts 2003, No. 1068, §2, eff. July 2, 2003; Acts 2004, No. 510, §1, eff. June 25, 2004; Acts 2008, No. 444, §3; Acts 2010, No. 358, §1; Acts 2010, No. 686, §1, eff. June 29, 2010; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2012, No. 64, §1; Acts 2012, No. 255, §7; Acts 2015, No. 80, §2, eff. Oct. 1, 2015; Acts 2016, No. 102, §1; Acts 2018, No. 206, §5; Acts 2025, No. 477, §15, eff. Oct. 1, 2027.
La. Rev. Stat. § 46:235 — LA Code / Code revised-statutes / Title 46 / Section 235
Distribution of funds in violation of provisions
Status: in_force

No state funds appropriated for public assistance shall be distributed or paid out in violation of the above provisions.

Acts 1962, No. 28, §3.
La. Rev. Stat. § 46:236.12 — LA Code / Code revised-statutes / Title 46 / Section 236.12
Plan for parental participation of support; required work activities
Status: in_force

A.(1) In addition to any provision of this Subpart, and particularly the provisions of R.S. 46:236.6 and 236.7, when an obligor owes past-due support with respect to a child receiving state assistance, the department or the district attorney may request that a court issue an order requiring the obligor to pay support in accordance with an approved plan for parental participation of support.

(2) If the obligor is not incapacitated or disabled, the plan for parental participation of support shall include a requirement that the obligor engage in a work activity.

B. For purposes of this Section:

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

(1) "Department" means the child support enforcement section, office of children and family services, Department of Children and Family Services.

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

(1) "Department" means the office of child support, Department of Children and Family Services.

(2) "Past-due support" means the amount of court-ordered support for the support and maintenance of a child which has not been paid in accordance with the terms and conditions of the support order.

(3) "Plan for parental participation of support" means a plan approved by the court for the payment of support by the obligor.

(4) "State assistance" means assistance under a state program funded under Title IV-A of the Social Security Act.

(5) "Work activity" means such activities, as defined in 42 U.S.C. 607(d), as the court deems appropriate.

Acts 1997, No. 464, §1; Acts 2012, No. 255, §7; Acts 2025, No. 477, §15, eff. Oct. 1, 2027.
La. Rev. Stat. § 46:154 — LA Code / Code revised-statutes / Title 46 / Section 154
Financial assistance to other persons
Status: in_force

Assistance may be granted, under rules and regulations of the department, to other persons who have physically resided in this state for at least three years during the nine years immediately preceding application, the last year of which shall be continuous. In severe hardship cases of former longtime residents of the state, the Louisiana Department of Health may waive two of the required years of state residence.

Amended by Acts 1960, No. 487, §1; Acts 1966, No. 352, §2; Acts 1978, No. 786, §6, eff. July 17, 1978.
La. Rev. Stat. § 46:53 — LA Code / Code revised-statutes / Title 46 / Section 53
Transfer of appropriations to department by other state agencies, public or private entities, including any health care provider; procedure; purpose; expenditures
Status: in_force

A. Any state agency may, with the approval of the Division of Administration, transfer to the department any portion of its appropriation that may be available for federal matching funds in accordance with any program established by the department for public welfare purposes.

B.(1) The funds collected or collectible during each fiscal year by the department under the authority of this Section from a state agency and the United States of America shall be deposited in a special account in the state treasury to the credit of the state agency that transferred a portion of its appropriation to the department for the purpose of seeking matching funds from the United States of America. The funds thus credited shall be available for use by the state agency for the purposes of:

(a) Employing necessary personnel and for other expenses incurred in connection with the proper administration of the collection or acquisition of such funds by the state agency from the federal government or any agency thereof.

(b) Purchasing new equipment for use by the state agency.

(c) Making major repairs at any facility owned by the state agency.

(d) Operating expenses and maintenance of any facility owned by the state agency.

(e) Providing day care services for persons with intellectual disabilities.

(f) Any purpose authorized by law.

(2) Any funds remaining unexpended and unencumbered in any such special account at the end of each fiscal year shall be retained in such special account.

C. Expenditures to be made under the authority of this Section shall be made only upon approval of the secretary of the other state department, the secretary of the department, and the Division of Administration, and otherwise shall be subject to the laws and regulations relating to budgeting by state agencies and the budgetary controls provided for by Title 39 of the Louisiana Revised Statutes of 1950, as amended, insofar as said laws and regulations are not inconsistent with the purposes of this Section.

D-F. Repealed by Acts 2001, No. 491, §2, eff. June 21, 2001.

Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1991, No. 617, §1; Acts 1992, No. 793, §1; Acts 2001, No. 491, §2, eff. June 21, 2001; Acts 2014, No. 811, §24, eff. June 23, 2014.
La. Rev. Stat. § 46:52 — LA Code / Code revised-statutes / Title 46 / Section 52
Duties of the secretary
Status: in_force

The secretary, as the executive and administrative officer of the department, shall faithfully conduct and discharge all administrative and executive functions in the carrying out of this Chapter.

The secretary shall submit to the legislature an annual financial statement accounting for all funds appropriated for the department, for the purposes of this Chapter and for public welfare purposes, for the specific purposes for which they are appropriated and also a financial statement accounting for all federal funds allotted to the state by the federal government for the purposes of the department. He shall publish annually a full report of the operations and administration of the department under the provisions of this Chapter and for other public welfare purposes together with recommendations and suggestions, and these reports shall be submitted to the governor.

Acts 1978, No. 786, §6, eff. July 17, 1978.
La. Rev. Stat. § 46:10 — LA Code / Code revised-statutes / Title 46 / Section 10
Compromise of claim not to affect rights of the hospital
Status: in_force

No compromise of any claim referred to in R.S. 46:9, whether made before or after the filing of suit, shall affect the right of any of the charity hospitals of this state or of any veterans administration hospital in the state to recover the fees and charges, if any, that may be due the hospital for treatment, from any party or parties who may be liable for them under any law of this state.

Amended by Acts 1972, No. 20, §1.
La. Rev. Stat. § 46:1251 — LA Code / Code revised-statutes / Title 46 / Section 1251
Juvenile probation; parole and intake services
Status: in_force

A. The Department of Public Safety and Corrections shall provide a minimum basic juvenile probation and parole service to any court of the state with juvenile jurisdiction upon request of the court and may provide a minimum basic juvenile intake service to any district attorney of the state upon request of the district attorney.

B. The intake service provided hereunder shall be limited to examining and evaluating complaints that a child is a delinquent or is a child in need of supervision and advising the district attorney whether the best interests of the child would be served by the initiation of proceedings under the Children's Code, the signing of an informal adjustment agreement, referral to the Department of Children and Family Services, referral to a public or private agency for assistance, or any other legally permissible course of action. The personnel assigned to perform these duties shall not assume any prosecutorial functions except for the filing of a petition as authorized by the Children's Code.

Added by Acts 1952, No. 118, §1. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1982, No. 541, §1; Acts 1984, No. 567, §2, eff. Jan. 1, 1985; Acts 1985, No. 965, §2; Acts 1986, No. 332, §1; Acts 1991, No. 467, §3; Acts 2021, No. 158, §6.
La. Rev. Stat. § 46:1418 — LA Code / Code revised-statutes / Title 46 / Section 1418
Complaints
Status: in_force

A. It shall be the duty of the department, through its duly authorized agents, to investigate all complaints, except complaints concerning the prevention or spread of communicable diseases, including complaints alleging child abuse, against any specialized provider as defined in this Chapter. The department may take such action as is authorized by this Chapter. Any complaint received concerning the prevention or spread of communicable diseases shall be immediately referred to the state health officer through the nearest parish health unit for investigation and disposition.

B. The department shall receive, record, and dispose of complaints in accordance with rules and regulations promulgated under the provisions of this Chapter.

Acts 1985, No. 286, §1; Acts 1990, No. 242, §2; Acts 2014, No. 868, §5, eff. Oct. 1, 2014.
La. Rev. Stat. § 46:978 — LA Code / Code revised-statutes / Title 46 / Section 978
Short title; legislative intent
Status: in_force

A. This Chapter shall be known and may be cited as the "Health Care Reform Act of 2007".

B. It is the intent of the legislature that the state shall lead the initiative to improve health care outcomes in Louisiana by developing and implementing a health care delivery system that provides a continuum of evidence-based, quality driven health care services. This health care delivery system shall be known as Louisiana Health First and shall consist of a medical home system of care. The medical home system of care shall incorporate the use of health information technology and quality measures to facilitate a safe, patient-centered, quality driven, evidence-based, accessible, and sustainable health care system to Medicaid recipients and low-income uninsured citizens.

Acts 2003, No. 813, §1; Acts 2005, No. 154, §2, eff. June 28, 2005; Acts 2007, No. 243, §1.
La. Rev. Stat. § 46:1654 — LA Code / Code revised-statutes / Title 46 / Section 1654
Effect of transfer
Status: in_force

Upon the transfer of functions, any pending or unfinished business shall be taken over and completed by the Louisiana Board of Institutions or the Board of Parole and the Bureau of Probation and Parole with the same power and authority had by the agency from which the functions are transferred. The Louisiana Board of Institutions shall be the successor in every way to the agency from which such functions are transferred, subject to the specific provisions of this Chapter, and every act done in the exercise of such functions by the Board shall be deemed to have the same force and effect under any provisions of law in effect as if done by the agency from which such functions are transferred. Whenever any agency from which functions are transferred or designated by any law or contract or other document, such reference or designation shall be deemed to apply to the Louisiana Board of Institutions; provided that to the extent necessary to prevent the impairment of the contractual obligations of any agency heretofore existing, or of the State of Louisiana, the existence, organization and functions of any such agency shall be excluded from the provisions of this Section, and like exclusion shall be made whenever necessary to prevent any violation of the provisions, terms or conditions of any gift, donation, deed, will, trust or other instrument or disposition by which property of any nature or description has been vested in any agency affected by this Section, or the diversion from the purposes for which such property was donated, deeded, devised or bequeathed, or otherwise vested in any such agency; provided, further, that the provisions of this Section shall not be construed or applied in such a way as to prevent full compliance by the state or any agency thereof with the requirements of any Act of the Congress of the United States or any regulations made thereunder by any officer or agency of the Federal Government, by which Federal aid or other financial assistance from the United States has been made available to this state of any subdivision or agency thereof, anything contained in this Section to the contrary notwithstanding.
La. Rev. Stat. § 46:2426 — LA Code / Code revised-statutes / Title 46 / Section 2426
Operational costs for citizen review boards
Status: in_force

A. Operational costs for the local and state citizen review board may be provided by the state legislature.

B. The state citizen review board may receive additional state or federal funds for the board's activities.

Added by Acts 1983, No. 610, §1; eff. July 1, 1984.
La. Rev. Stat. § 46:2370 — LA Code / Code revised-statutes / Title 46 / Section 2370
Compensation
Status: in_force

An interpreter/transliterator appointed under this Chapter is entitled to a reasonable fee for his services, including waiting time and reimbursement for necessary travel and subsistence expenses. The Louisiana Commission for the Deaf may pay the fee for such services which shall be based on the fee schedule for interpreters/transliterators established by the commission, however, in any judicial proceeding the fee shall be fixed by the court. Reimbursement for necessary travel and subsistence expenses shall be at rates provided by law for state employees generally.

Added by Acts 1982, No. 135, §1; Acts 1985, No. 1021, §1.
La. Rev. Stat. § 46:2116.4 — LA Code / Code revised-statutes / Title 46 / Section 2116.4
Appeal procedure; judicial review
Status: in_force

Any person who is aggrieved by a decision of the department with regard to a request for provision of personal assistance services may appeal said decision within thirty days in accordance with the provisions of R.S. 46:107. Such appeal shall be conducted in accordance with the Administrative Procedure Act and shall be subject to judicial review.

Acts 1987, No. 781, §1.
La. Rev. Stat. § 46:2633 — LA Code / Code revised-statutes / Title 46 / Section 2633
Traumatic Brain and Spinal Cord Injury Trust Fund
Status: in_force

A. There is hereby established a special fund in the state treasury to be known as the Traumatic Brain and Spinal Cord Injury Trust Fund which shall consist of monies collected from an additional fee imposed on all motor vehicle violations for driving under the influence, reckless operation, and speeding in this state. In addition, the legislature may make annual appropriations to the trust fund for the purpose set forth in this Chapter to the extent that state general funds are available.

B.(1)(a) Beginning January 1, 1994, in addition to all fines, fees, costs, and punishment prescribed by law, there shall be imposed an additional fee of twenty-five dollars on driving under the influence offenses, five dollars on reckless driving operation offenses, and five dollars on speeding offenses.

(b) Beginning July 1, 2000, the additional fees imposed pursuant to Subparagraph (a) of this Paragraph shall be as follows:

(i) A fee of five dollars on reckless driving offenses.

(ii) A fee of five dollars on speeding offenses.

(iii) A fee of twenty-five dollars on first convictions of operating a vehicle while intoxicated offenses.

(iv) A fee of fifty dollars on second convictions of operating a vehicle while intoxicated offenses.

(v) A fee of one hundred dollars on third convictions of operating a vehicle while intoxicated offenses.

(vi) A fee of two hundred fifty dollars on fourth or subsequent convictions of operating a vehicle while intoxicated offenses.

(2) In the event that payment arrangements for other fines, fees, costs, and punishments are made to provide an offender the opportunity to make restitution over an extended period of time, the fee imposed under Paragraph (1) shall be collected in priority after costs of court.

C. All monies collected under this Chapter shall be forwarded by the officer of the court who collects the same to the state treasurer within thirty days after the penalty or forfeiture is collected. After deposit in the Bond Security and Redemption Fund as required by Article VII, Section 9(B) of the Constitution of Louisiana, an amount equal to that deposited as required by Subsection A of this Section shall be credited to the Traumatic Brain and Spinal Cord Injury Trust Fund account under the Louisiana Department of Health, office of aging and adult services. All unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund. The monies in this fund shall be invested by the state treasurer in the same manner as monies in the state general fund, and interest earned on the investment of these monies shall be credited to the fund, following compliance with the requirement of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund.

D.(1) The monies in the fund shall be used solely for programs designed to provide services to Louisiana citizens disabled by traumatic brain and spinal cord injuries, for the administrative costs of the programs, reimbursement of travel expenses of members of the Traumatic Brain and Spinal Cord Injury Trust Fund Advisory Board which are incurred in the discharge of their duties, and as provided in Paragraph (2) of this Subsection. Disbursement of the amount appropriated to the department each year shall be made as determined by the department. In determining disbursement of monies in the fund, the department shall take into account any recommendations of the board.

(2) The department may authorize disbursement of an amount not to exceed fifty thousand dollars per year for the establishment and operation of an information resource center.

(3) Money in the fund may be used to match available federal funding in order to provide enhanced or expanded services to persons eligible for benefits pursuant to the provisions of this Chapter. However, sufficient money shall be retained in the fund to provide payment for services for persons who are not eligible for services through federally funded sources.

E. The department shall:

(1) Determine the eligibility of programs to receive funding.

(2) Promulgate the rules and regulations necessary to implement the provisions of this Chapter.

(3) Establish priorities and criteria for disbursement of the fund and act to obtain maximum benefits available.

(4) Investigate the needs of the brain-injured and spinal cord-injured, identify any gaps in services, and prepare and submit an annual report with recommendations to the legislature and the governor sixty days prior to each regular session of the legislature.

(5) Monitor, evaluate, and review the development and quality of services and programs funded through the fund.

(6) Arrange for full and accurate financial records to be maintained in compliance with law and shall make a full and complete report to the board quarterly. The department is specifically prohibited from publishing newsletters or other publications typically used in mass mailings.

F. Administration of the fund shall be exercised by the Louisiana Department of Health, office of aging and adult services, in accordance with the provisions of this Chapter.

Acts 1993, No. 654, §1, eff. June 16, 1993; Acts 1999, No. 526, §1, eff. June 29, 1999; Acts 2000, 1st Ex. Sess., No. 119, §1, eff. April 19, 2000; Acts 2003, No. 1153, §1; Acts 2010, No. 939, §8, eff. July 1, 2010; Acts 2012, No. 269, §2, eff. May 25, 2012; Acts 2024, No. 278, §2, eff. Feb. 1, 2025.
La. Rev. Stat. § 46:1455 — LA Code / Code revised-statutes / Title 46 / Section 1455
Rulemaking
Status: in_force

The department shall promulgate in accordance with the Administrative Procedure Act all such rules as are necessary to implement the provisions of this Chapter.

Acts 2022, No. 561, §1, eff. June 17, 2022.
La. Rev. Stat. § 46:460.88 — LA Code / Code revised-statutes / Title 46 / Section 460.88
Rules and regulations
Status: in_force

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

Acts 2017, No. 349, §2.
La. Rev. Stat. § 46:1402.1 — LA Code / Code revised-statutes / Title 46 / Section 1402.1
Licensing; prohibition of conflict of interest
Status: in_force

All licenses issued to specialized providers pursuant to this Chapter shall specify that the facility shall not enter into any contract or engage in any activities in conflict with its duties to the mothers, fathers, and children that it is licensed to serve.

Acts 2001, No. 910, §2; Acts 2014, No. 868, §5, eff. Oct. 1, 2014.
La. Rev. Stat. § 46:977.9 — LA Code / Code revised-statutes / Title 46 / Section 977.9
Healthcare benefits; cost sharing requirements
Status: in_force

A. Subject to the General Appropriation Act of the legislature, the department shall purchase or provide healthcare benefits for eligible children which are equivalent to the benefits provided for children under the coverage requirements for the federal Children's Health Insurance Program, Title XXI of the Social Security Act.

B. Subject to the General Appropriation Act of the legislature, as an alternative to the health benefits outlined in Subsection A of this Section, and when cost-effective to the state, the department may provide premium assistance to families toward the cost of privately sponsored health insurance, including employer-sponsored and individually purchased health insurance.

C. The content and availability of benefits described in Subsection B of this Section and the terms of eligibility for those benefits shall be at the discretion of the department. The department shall determine the efficacy and cost-effectiveness as a means of promoting retention of private or employer-sponsored health insurance. If the department provides benefits described in Subsection B of this Section, the department shall not be required to provide services under any provision of Title XIX or Title XXI of the Social Security Act.

D. The responsible party for a child enrolled in the program shall be subject to the following cost-sharing requirements for subsidized insurance:

(1) The department shall by rule establish requirements concerning monthly premiums, co-payments, and coinsurance for healthcare services. This cost sharing shall be on a sliding scale based on family income up to three hundred percent of the applicable federal poverty guideline as published in the Federal Register by the United States Department of Health and Human Services. The department shall work in consultation with the Louisiana staff of the Children's Defense Fund, Agenda for Children, Louisiana Maternal and Child Health Coalition, Covering Kids and Families, Louisiana Partnership for Children and Families, Families Helping Families of Louisiana, Louisiana Chapter of the National Association of Social Workers, Louisiana Chapter of the American Academy of Pediatrics, Louisiana Chapter of the March of Dimes, and Louisiana Primary Care Association in the rulemaking process regarding the sliding scale, which is based on family income. Notwithstanding this Paragraph, there shall be no co-payment required for well-baby or well-child health care, including but not limited to age-appropriate immunization as required under state and federal law.

(2) The responsible party for a child enrolled in a privately sponsored health insurance plan under this Part shall be subject to the cost-sharing provisions stated in the privately sponsored health insurance plan.

Acts 2007, No. 407, §1, eff. July 10, 2007; Acts 2018, No. 206, §5.
La. Rev. Stat. § 46:2707 — LA Code / Code revised-statutes / Title 46 / Section 2707
Revocation or refusal to renew a license or certificate of registration
Status: in_force

The department may revoke or refuse to renew the license or certificate of registration of a child care facility or refuse to issue a license or certificate of registration if the licensee, registrant, or applicant does not comply with the provisions of this Chapter.

Acts 2001, No. 1164, §1.
La. Rev. Stat. § 46:1818 — LA Code / Code revised-statutes / Title 46 / Section 1818
Report to legislature and governor
Status: in_force

The board shall submit an annual report to the legislature and the governor detailing its activities during the preceding year. The report shall be made available electronically on the website of the Louisiana Commission on Law Enforcement. A sufficient number of copies shall be printed for distribution to the governor, the chairman of the House Committee on Judiciary, the chairman of the Senate Committee on Judiciary C, and to as many others as may be requested.

Added by Acts 1982, No. 250, §1, eff. July 17, 1982; Acts 2014, No. 319, §1, eff. May 30, 2014.
La. Rev. Stat. § 46:1136 — LA Code / Code revised-statutes / Title 46 / Section 1136
Contract for scholarship; contingent
Status: in_force

Any applicant selected by the board of commissioners to receive a scholarship shall enter into a contract with the board, which shall be deemed a contract formed within the state of Louisiana, agreeing to the terms and conditions upon which the scholarship shall be granted to the applicant. The contract shall include the terms and provisions as will execute the full purpose and intent of this scholarship program, including the purpose of providing nurses or allied health professionals who will practice within an area of the hospital district. The form of the contract shall be prepared and approved by the attorney general of this state. The president and chief executive officer, or equivalent, of the hospital or hospital service district shall sign the contract and the applicant shall sign it. The board shall preserve and maintain the contract until the terms are met or satisfied. A duplicate copy shall be transmitted to the applicant.

Acts 1988, No. 54, §1; Acts 2023, No. 33, §1, eff. June 1, 2023.
La. Rev. Stat. § 46:1860 — LA Code / Code revised-statutes / Title 46 / Section 1860
Purpose
Status: in_force

The purpose of this Chapter is to provide multiagency and multidisciplinary support and services to victims of abuse, sexual assault, stalking, cyberbullying, and human trafficking, to ensure that victims are able to access all needed services, to enhance victim safety, to increase offender accountability, and to reduce to a minimum the number of times the victim is questioned and examined and the number of places a victim must go to receive assistance.

Acts 2015, No. 327, §1.
La. Rev. Stat. § 46:2361 — LA Code / Code revised-statutes / Title 46 / Section 2361
Purpose
Status: in_force

It is the policy of this state to secure the rights of persons with hearing loss who cannot readily understand or communicate in spoken languages and who consequently cannot equally participate in or benefit from proceedings, programs, and activities of the courts, legislative bodies, administrative agencies, licensing commissions, departments, and boards of the state and its subdivisions unless qualified interpreters/transliterators are available to facilitate communication.

Added by Acts 1982, No. 135, §1; Acts 2017, No. 146, §11.
La. Rev. Stat. § 46:2135 — LA Code / Code revised-statutes / Title 46 / Section 2135
Temporary restraining order
Status: in_force

A. Upon good cause shown in an ex parte proceeding, the court may enter a temporary restraining order, without bond, as it deems necessary to protect from abuse the petitioner, any minor children, or any person alleged to be an incompetent. Any person who shows immediate and present danger of abuse shall constitute good cause for purposes of this Subsection. The court shall consider any and all past history of abuse, or threats thereof, in determining the existence of an immediate and present danger of abuse. There is no requirement that the abuse itself be recent, immediate, or present. The order may include but is not limited to the following:

(1) Directing the defendant to refrain from abusing, harassing, or interfering with the person or employment or going near the residence or place of employment of the petitioner, the minor children, or any person alleged to be incompetent, on whose behalf a petition was filed under this Part.

(2) Awarding to a party use and possession of specified jointly owned or leased property, such as an automobile.

(3) Granting possession to the petitioner of the residence or household to the exclusion of the defendant, by evicting the defendant or restoring possession to the petitioner where:

(a) The residence is jointly owned in equal proportion or leased by the defendant and the petitioner or the person on whose behalf the petition is brought;

(b) The residence is solely owned by the petitioner or the person on whose behalf the petition is brought; or

(c) The residence is solely leased by defendant and defendant has a duty to support the petitioner or the person on whose behalf the petition is brought.

(4) Prohibiting either party from the transferring, encumbering, or otherwise disposing of property mutually owned or leased by the parties, except when in the ordinary course of business, or for the necessary support of the party or the minor children.

(5) Awarding temporary custody of minor children or persons alleged to be incompetent.

(6) Awarding or restoring possession to the petitioner of all separate property and all personal property, including but not limited to telephones or other communication equipment, computers, medications, clothing, toiletries, social security cards, birth certificates or other forms of identification, tools of the trade, checkbooks, keys, automobiles, photographs, jewelry, or any other items or personal effects of the petitioner and restraining the defendant from transferring, encumbering, concealing, or disposing of the personal or separate property of the petitioner.

(7) Granting to the petitioner the exclusive care, possession, or control of any pets belonging to or under the care of the petitioner or minor children residing in the residence or household of either party, and directing the defendant to refrain from harassing, interfering with, abusing or injuring any pet, without legal justification, known to be owned, possessed, leased, kept, or held by either party or a minor child residing in the residence or household of either party.

B. If a temporary restraining order is granted without notice, the matter shall be set within twenty-one days for a rule to show cause why the protective order should not be issued, at which time the petitioner must prove the allegations of abuse by a preponderance of the evidence. The defendant shall be given notice of the temporary restraining order and the hearing on the rule to show cause by service of process as required by law within twenty-four hours of the issuance of the order.

C. During the existence of the temporary restraining order, a party shall have the right to return to the family residence once to recover his or her personal clothing and necessities, provided that the party is accompanied by a law enforcement officer to ensure the protection and safety of the parties.

D. If no temporary restraining order has been granted, the court shall issue a rule to show cause why the protective order should not be issued, and set the rule for hearing on the earliest day that the business of the court will permit, but in any case within ten days from the date of service of the petition, at which time the petitioner must prove the allegations of abuse by a preponderance of the evidence. The defendant shall be given notice by service of process as required by law.

E. If the hearing pursuant to Subsection B or D of this Section is continued, the court shall make or extend such temporary restraining orders as it deems necessary. Any continuance of a hearing ordered pursuant to Subsection B or D of this Section shall not exceed fifteen days, unless good cause is shown for further continuance.

F. The court may, in its discretion, grant an emergency temporary restraining order outside regular court hours.

G. Immediately upon entering a temporary restraining order, the judge shall cause to have prepared a Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2(C), shall sign such order, and shall immediately forward it to the clerk of court for filing on the day that the order is issued.

H. The clerk of the issuing court shall transmit the Uniform Abuse Prevention Order to the judicial administrator's office, Louisiana Supreme Court, for entry into the Louisiana Protective Order Registry, as provided in R.S. 46:2136.2(A), by facsimile transmission or direct electronic input as expeditiously as possible, but no later than the end of the next business day after the order is filed with the clerk of court. The clerk of the issuing court shall also send a copy of the Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2(C), or any modification thereof, to the chief law enforcement officer of the parish where the person or persons protected by the order reside by facsimile transmission or direct electronic input as expeditiously as possible, but no later than the end of the next business day after the order is filed with the clerk of court. A copy of the Uniform Abuse Prevention Order shall be reviewed by the law enforcement agency and shall be retained on file in the office of the chief law enforcement officer until otherwise directed by the court.

I. The initial rule to show cause hearing required pursuant to Subsection B or D may be conducted by a hearing officer who is qualified and selected in the same manner provided in R.S. 46:236.5(C). The hearing officer shall be subject to the applicable limitations and shall follow the applicable procedures provided in R.S. 46:236.5(C). The hearing officer shall make recommendations to the court as to the action that should be taken in the matter.

J. Upon filing a petition for a temporary restraining order, regardless of whether the court grants the temporary restraining order, the clerk of court shall notify the petitioner of his right to initiate criminal proceedings and shall inform the petitioner that the granting of a temporary restraining order pursuant to the provisions of this Section does not automatically file criminal charges against the defendant.

Added by Acts 1982, No. 782, §2; Acts 1983, No. 406, §1; Acts 1983, No. 407, §1; Acts 1984, No. 77, §1; Acts 1997, No. 1156, §7; Acts 1999, No. 1200, §2; Acts 1999, No. 1336, §1; Acts 2003, No. 750, §6; Acts 2006, No. 777, §2; Acts 2008, No. 411, §1, eff. June 21, 2008; Acts 2009, No. 427, §1; Acts 2014, No. 317, §3; Acts 2015, No. 85, §1; Acts 2018, No. 206, §5; Acts 2019, No. 417, §1.
La. Rev. Stat. § 46:61 — LA Code / Code revised-statutes / Title 46 / Section 61
Elderly abuse; release of information
Status: in_force

A.(1) The Louisiana Department of Health shall, following an investigation by the department, the office of elderly affairs, the office of the attorney general, or a local law enforcement agency, of any report of elderly abuse and the conviction of any person investigated for such abuse or the entering of a plea of guilty or nolo contendere by any person so investigated who is accused of such abuse, make available to any healthcare facility licensed by the department, upon request, the name and a photograph of any such person who has been convicted of or pled guilty or nolo contendere to a crime involving elderly abuse.

(2) The department shall maintain a record of the information required in this Section and shall periodically seek information from law enforcement officials and district attorneys from around the state to update such records, including the name and a photograph of any persons investigated as provided in this Section who has been convicted of or pled guilty or nolo contendere to a crime involving elderly abuse. Law enforcement officials and district attorneys shall cooperate with the department and shall provide the information requested in a timely manner.

(3) For purposes of this Section, "elderly abuse" shall mean abuse of any person sixty years of age or older and shall include the abuse of any person with an infirmity residing in a state-licensed facility.

B. The information released by the department shall constitute an authorized disclosure under the provisions of R.S. 15:1507.

C. The department, in consultation with the office of elderly affairs, shall adopt and promulgate rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Section, including provisions which establish procedures under which the department shall request information from law enforcement officials and district attorneys and which establish procedures under which healthcare facilities may request information concerning whether or not a person has been convicted of or pled guilty or nolo contendere to a crime listed in R.S. 14:403.2.

Acts 1997, No. 621, §1; Acts 2010, No. 861, §20; Acts 2014, No. 811, §24, eff. June 23, 2014; Acts 2018, No. 206, §5.
La. Rev. Stat. § 46:151 — LA Code / Code revised-statutes / Title 46 / Section 151
System of adult services
Status: in_force

A. The Louisiana Department of Health shall provide a system of adult services for persons who are elderly, blind, or have disabilities pursuant to Title VI of the Social Security Act of 1935 as amended.

B. The provisions of this Section shall become effective when the necessary funds are made available to the department.

Amended by Acts 1958, No. 406, §1; Acts 1960, No. 487, §1, emerg. eff. July 9, 1960; Acts 1964, No. 337, §1; Acts 1966, No. 352, §1; Acts 1970, No. 496, §1; Acts 1974, No. 668, §1; Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 2014, No. 811, §24, eff. June 23, 2014.
La. Rev. Stat. § 46:1801 — LA Code / Code revised-statutes / Title 46 / Section 1801
Short title
Status: in_force

This Chapter may be cited as the Crime Victims Reparations Act.

Added by Acts 1982, No. 250, §1, eff. July 17, 1982.
La. Rev. Stat. § 46:977.10 — LA Code / Code revised-statutes / Title 46 / Section 977.10
Authority of the department; premiums
Status: in_force

The department shall have the authority to:

(1) Collect required premiums from the family or responsible party for a child receiving benefits.

(2) Notify the family or responsible party of a child who is paying a premium of any changes in such premium or co-payment requirements.

(3) Refuse payment of services for nonpayment of premium.

(4) Monitor the availability and retention of employer-sponsored dependent health insurance coverage to promote retention of private or employer-sponsored health insurance and timely access to healthcare services.

Acts 2007, No. 407, §1, eff. July 10, 2007; Acts 2018, No. 206, §5.
La. Rev. Stat. § 46:1452 — LA Code / Code revised-statutes / Title 46 / Section 1452
Continuum of care program; purpose and goals; means of finance
Status: in_force

A. The legislature hereby creates within the department a continuum of care program for certain pregnant women and parents, referred to hereafter in this Chapter as the "program".

B.(1) The purpose of the program is to facilitate the operation of a statewide telecare support network that provides community outreach, consultations, and care coordination for women who are challenged with unexpected pregnancies.

(2) The program shall be designed to accomplish all of the following goals:

(a) Encourage healthy childbirth.

(b) Support childbirth as an alternative to abortion.

(c) Promote family formation.

(d) Assist parents in establishing successful parenting techniques.

(e) Increase the economic self-sufficiency of families.

C.(1) The program shall encompass a statewide telecare support network. The department shall provide in rule for the functions and administration of this network.

(2) The rules of the department providing for the telecare support network shall ensure that the network does not hold itself out to be an entity that can perform, refer for, or assist with an abortion. The telecare support network shall not set appointments with or refer women or parents to any entity that performs abortions or recommends for abortion.

D. The department shall finance the program with monies appropriated to it by the legislature for the operation of the program, including TANF funds, American Rescue Plan Act funds, and any other sources of revenue.

Acts 2022, No. 561, §1, eff. June 17, 2022.
La. Rev. Stat. § 46:2254 — LA Code / Code revised-statutes / Title 46 / Section 2254
Nondiscrimination policy in educational facilities, real estate transactions, and state-funded programs
Status: in_force

A. No otherwise qualified person shall, on the basis of a disability, be subjected to discrimination by any educational facility, in any real estate transaction, or be excluded from participating in, or denied the benefits of, any program or activity which receives financial assistance from the state or any of its political subdivisions.

B. In accordance with Subsection A of this Section an educational institution shall not:

(1) Discriminate in any manner in the full utilization of the institution, or the services provided and rendered thereby to an otherwise qualified individual because of a disability that is unrelated to the individual's ability to utilize and benefit from the institution or its services, or because of the use of adaptive devices or aids.

(2) Exclude, expel, limit, or otherwise discriminate against an otherwise qualified individual seeking admission as a student or an individual enrolled as a student at the institution on the basis of a disability that is unrelated to the individual's academic ability or ability to utilize and benefit from the institution, or because of the use of adaptive devices or aids.

(3) Make or use a written or oral inquiry or form of application for admission that elicits or attempts to elicit information, or make or keep a record, concerning the disability of an otherwise qualified applicant for admission for discriminatory purposes contrary to the provisions or purposes of this Chapter.

(4) Print, publish, or cause to be printed or published a catalog or other notice or advertisement indicating a preference, limitation, specification, or discrimination based on the disability of an otherwise qualified applicant that is unrelated to the applicant's academic ability or ability to utilize and benefit from the institution or its services, or the use of adaptive devices or aids by an otherwise qualified applicant for admission.

(5) Announce or follow a policy of denial or limitation of educational opportunities to a group or its members because of a disability that is unrelated to the group or members' academic ability or ability to utilize and benefit from the institution or its services, or because of the use of adaptive devices or aids.

(6) Nothing in this Subsection shall be construed so as to limit, alter or modify in any way, the responsibilities of the State and local educational agencies to provide a free, appropriate public education to exceptional children under R.S. 17:1941 et seq.

C. An owner or any other person engaging in a real estate transaction, such as a real estate broker or salesman, shall not, in accordance with Subsection A of this Section on the basis of a disability that is unrelated to an otherwise qualified individual's ability to acquire, rent, or maintain property:

(1) Refuse to engage in a real estate transaction.

(2) Discriminate against a person in the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith.

(3) Refuse to receive or fail to transmit a bona fide offer to engage in a real estate transaction from a person.

(4) Refuse to negotiate for a real estate transaction with a person.

(5) Represent to a person that real property is not available for inspection, sale, rental, or lease when in fact it is available, or fail to bring a property listing to a person's attention, or refuse to permit a person to inspect real property.

(6) Print, circulate, post, or mail, or cause to be so published, a statement, advertisement, or sign, or use a form of application for a real estate transaction, or make a record of inquiry in connection with a prospective real estate transaction, which indicates, directly or indirectly, an intent to make a limitation, specification, or discrimination with respect thereto.

(7) Offer, solicit, accept, use, or retain a listing of real property with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or services in connection therewith.

D. Subsection C of this Section shall not apply to the rental of a housing accommodation in a building which contains housing accommodations for two or less units living independently of each other, if the owner resides in one of the housing units, or to the rental of a room or rooms in a single housing dwelling by a person if the lessor or a member of the lessor's immediate family resides therein.

E.(1) A person to whom application is made for financial assistance or financing in connection with a real estate transaction or for the construction, rehabilitation, repair, maintenance, or improvement of immovable property, or a representative of such a person shall not discriminate against the otherwise qualified applicant on the basis of a disability that is unrelated to the individual's ability to acquire, rent, or maintain property or use a form of application for financial assistance or financing or make or keep a record of inquiry for reasons contrary to the provisions or purposes of this Chapter in connection with applications for financial assistance or financing which indicates, directly or indirectly, a limitation, specification, or discrimination based on disability that is unrelated to the individual's ability to acquire, rent, or maintain property.

(2) Nothing in this Subsection shall be construed to prohibit an owner, lender, or his agency from requiring that an applicant who seeks to buy, rent, lease, or obtain financial assistance or housing accommodations supply information concerning the applicant's financial, business, or employment status or other information designed solely to determine the applicant's credit worthiness.

(3) Nothing in this Subsection shall require any person renting, leasing, or providing for compensation immovable property to modify his property in any way or provide a higher degree of care for a person with a disability than for a person who does not have a disability.

F.(1) In accordance with Subsection A of this Section, any program or activity which receives financial assistance from the state or any of its political subdivisions shall not directly or through contractual, licensing, or other arrangements:

(a) Deny an otherwise qualified person on the basis of disability the opportunity to participate in or benefit from the aid, benefit, or service.

(b) Provide an otherwise qualified person with an aid, benefit, or service that is not as effective as, or equal to, that provided to others because of their disability.

(c) Provide different or separate aid benefits, or services to otherwise qualified persons because of disability, unless such action is necessary to provide qualified persons with disabilities with aid, benefits, or services that are as effective as those provided to others.

(2) A recipient of state financial assistance shall operate a program or activity in a facility which is accessible to and usable by persons with disabilities and shall comply with ANSI specifications as defined in R.S. 46:2253 by January 1, 1982.

Added by Acts 1980, No. 665, §1; Acts 1997, No. 1409, §§2, 4, eff. Aug. 1, 1997; Acts 2014, No. 811, §24, eff. June 23, 2014; Acts 2018, No. 206, §5.