reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:56.1. Reporting of certain case records; confidentiality waiver

RS 46:56.1 - Reporting of certain case records; confidentiality waiver
A.(1) Notwithstanding any other provision of law to the contrary, the Louisiana Department of Health or the office of elderly affairs, for the purpose of adult protective services, shall report upon request to the Louisiana Supreme Court for reporting to the National Instant Criminal Background Check System database the name and any other identifying information contained in case records of any adult that may be prohibited from possessing a firearm pursuant to the laws of this state or 18 U.S.C. 922(d)(4) and (g)(4).
(2)(a) The department shall provide the Louisiana Supreme Court with the name of the court which issued the commitment order and the docket number of the proceeding if that information is in the possession of the department.
(b) In addition, the department shall provide the following available information regarding the client:
(i) Name.
(ii) Date of birth.
(iii) Alias names, if any.
(iv) Social security number.
(v) Sex.
(vi) Race.
B. The department shall provide all documents in its possession as authorized by the provisions of this Section upon request of the court and within a reasonable time period regardless of when the court proceedings occurred.
C. The providing of the information as required by the provisions of this Section shall not be construed to violate the confidentiality provisions of R.S. 46:56 or any other law regarding client confidentiality.
D. For the purposes of this Section, "department" means the Louisiana Department of Health and the office of elderly affairs, for the purposes of adult protection services as provided in R.S. 15:1503.
Acts 2016, No. 426, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:57. Other records to be public records

RS 46:57 - Other records to be public records
The financial and all other records of the state department and the parish and district offices, except those pertaining to individual recipients of assistance, as provided for in R.S. 46:56, are specifically made subject to the provisions of Title 44.
Acts 1978, No. 786, §6, eff. July 17, 1978. Amended by Acts 1979, No. 491, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:58. Preservation of records

RS 46:58 - Preservation of records
A. Fiscal records of the department relating to public welfare shall not be destroyed until the proper state and federal agencies have completed their audits and have approved the destruction of the records.
B. The department shall preserve all such departmental records for three years or until all useful purposes have been served thereby, whichever is longer.
C. To reduce the space required for retaining obsolete files, the secretary may destroy or order destroyed all files of documents as provided for in R.S. 44:39, when, in his opinion, the requirements of the department will be served thereby.
D. Public assistance recipient cancelled checks may be destroyed upon complying with the following conditions:
(1) Completion of audit by the state and federal auditors;
(2) Microfilming of these cancelled checks and preservation of the microfilmed copy for a period of at least six years; and
(3) Approval by the secretary of the department.
Acts 1978, No. 786, §6, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:59. Welfare demonstration, experimental and other projects

RS 46:59 - Welfare demonstration, experimental and other projects
The Department of Children and Family Services and the Louisiana Department of Health are authorized to make use of staff and equipment to carry out experimental and demonstration projects whose costs are otherwise totally financed by the federal government under the provisions of the Social Security Act (42 U.S.C. 1315) or any other programs totally financed from federal funds.
Acts 1978, No. 786, §6, eff. July 17, 1978; H.C.R. No. 59, 1999 R.S; Acts 2018, No. 206, §5.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:60. Educational leaves with pay; federal funds

RS 46:60 - Educational leaves with pay; federal funds
The secretary of the Department of Children and Family Services and Louisiana Department of Health may grant educational leave with pay to an employee of the department in compliance with federal administrative rules and federal laws that allow federal matching funds to be used in further educating employees of the Department of Children and Family Services and Louisiana Department of Health in the various states.
Acts 1978, No. 786, §6, eff. July 17, 1978; H.C.R. No. 59, 1999 R.S.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:61. Elderly abuse; release of information

RS 46:61 - Elderly abuse; release of information
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.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:66. §§66 to 70 Repealed by Acts 1978, No. 786, §7, eff. July 17, 1978

RS 46:66 - §§66 to 70 Repealed by Acts 1978, No. 786, §7, eff. July 17, 1978
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:102. Powers of the Department of Children and Family Services

RS 46:102 - Powers of the Department of Children and Family Services
The department shall:
(1) Have full and complete authority to make and promulgate all rules and regulations and take such action as may be necessary or desirable for carrying out the provisions of the public welfare laws; these rules and regulations shall be binding upon all parish offices and governing authorities of the various parishes, and shall be complied with so that the spirit and purposes of the public welfare laws may be achieved and the assistance provided for therein may be administered efficiently throughout the state.
(2) Establish adequate standards for personnel employed in the parish or regional offices in the administration of the public welfare laws and make the necessary rules and regulations to maintain such standards, and
(3) Prescribe the form of and print and supply to the parish offices blanks for applications, reports, affidavits, and such other forms as it may deem necessary and advisable.
(4) Employ such additional personnel as may be necessary to establish audit teams in sufficient numbers to make an intensive investigation of any public assistance applicant or recipient whose initial eligibility or whose continued eligibility is difficult to determine. These audit teams shall work the number of hours per week specified by the Department of State Civil Service, but their working days and hours shall be arranged to obtain the greatest efficiency in accomplishing the purpose described above.
Added by Acts 1960, No. 314, §1. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:102.1. Maximum assistance grants; legislature to approve increases or decreases

RS 46:102.1 - Maximum assistance grants; legislature to approve increases or decreases
The department shall not increase the regular maximum grant for any category of public assistance over and above that which was authorized by law or by rules and regulations of the former State Department of Public Welfare in effect on July 1, 1961, if any portion of the increase is payable out of state funds, without legislative approval therefor. Such legislative approval shall be obtained only in one of the following ways:
(1) By a vote of a majority of the elected members of each house obtained while the legislature is in session, or
(2) If the legislature is not in session, by a vote of a majority of the elected members of each house obtained by mail ballot duly certified and promulgated by the commissioner of administration. In such case the proposal to be submitted to the members of the legislature shall be prepared by the commissioner of administration from information furnished by the department and he shall immediately thereafter distribute the ballots to the members, together with instructions that all ballots must be returned to him within thirty days after the date on which mailed in order to be counted. The commissioner of administration shall tabulate all ballots received within said thirty day period and promulgate the results thereof, and he shall, immediately upon completion of his tabulation, notify the secretary of the results.
Added by Acts 1961, No. 10, §1. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:103. Parish administration

RS 46:103 - Parish administration
The parish offices of the department shall administer the provisions of the public welfare laws in the respective parishes subject to the rules and regulations prescribed by the department.
Amended by Acts 1978, No. 786, §6, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:105. Investigation of application

RS 46:105 - Investigation of application
Whenever a parish office receives an application for assistance, an investigation and record shall promptly be made of the circumstances of the applicant. The object of the investigation shall be to ascertain the facts supporting the application and such other information as may be required by the rules and regulations of the department.
Amended by Acts 1978, No. 786, §6, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:106. Grant of assistance

RS 46:106 - Grant of assistance
A. Upon the completion of the investigation, the department shall decide whether the applicant is eligible for assistance and shall determine the amount and the date on which the assistance shall begin. It shall make an award which shall be binding until the award is modified or vacated. The department shall notify the applicant of its decision in writing.
B. All grants of assistance shall be mailed so as to reasonably assure that they will be received on the date due. If the due date falls on a weekend or a holiday, then the grant shall be mailed so as to reasonably assure its receipt on the last regular banking date immediately preceding the due date.
Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1981, No. 571, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:108. Periodic reconsideration of assistance grants

RS 46:108 - Periodic reconsideration of assistance grants
All assistance grants shall be reconsidered as frequently as may be required by the rules of the state department. After such further investigation as the parish may deem necessary, or the state department may require, the amount and manner of giving assistance may be changed or assistance may be entirely withdrawn if the state or parish departments find that recipient's circumstances have altered sufficiently to warrant the action. The parish department may at any time cancel and revoke assistance for cause and it may for cause suspend assistance for such period as it may deem proper. Whenever assistance is thus withdrawn, revoked, suspended or in any way changed the parish department shall at once report to the state department such decision together with the report of its investigation. All such decisions shall be subject to review by the state department.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:112. Payment for funeral of recipient

RS 46:112 - Payment for funeral of recipient
On the death of the recipient or person for whom assistance is granted, reasonable funeral expenses may be paid, subject to the rules and regulations of the state department, if the estate of the deceased is insufficient to pay them and there are no responsible relatives able to pay them.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:113. Reports

RS 46:113 - Reports
Each parish department shall report to the state department at such times and in such manner as said state department may require or prescribe.
The state department shall make such reports, in such form and containing such information as the Social Security Board of the United States may from time to time require and comply with such provisions as the social security board may from time to time find necessary to assure the correctness and verification of the reports.
Amended by Acts 1979, No. 769, §3.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:114.1. Public Assistance Fraud Hot-Line

RS 46:114.1 - Public Assistance Fraud Hot-Line
To encourage the reporting of incidents of public assistance fraud, the Department of Children and Family Services, office of children and family services, through its fraud detection section, shall provide a statewide, toll-free telephone service, known as the Public Assistance Fraud Hot-Line, when sufficient funds are made available by the legislature for such purpose, or when funds are available from any other source.
Added by Acts 1978, No. 376, §1. Amended by Acts 1979, No. 769, §5; Acts 1988, No. 427, §1, eff. July 9, 1988; Acts 1990, No. 744, §2, eff. July 24, 1990.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:114.2. Attempting or aiding to obtain assistance fraudulently; penalties

RS 46:114.2 - Attempting or aiding to obtain assistance fraudulently; penalties
Any person who obtains or attempts to obtain or aids and abets anyone to obtain assistance from the Department of Children and Family Services or the Louisiana Department of Health by means of any false statement, misrepresentation, or other fraudulent device or violates the provisions of R.S. 46:114 shall be guilty of theft as provided by R.S. 14:67.
Added by Acts 1960, No. 299, §2. Amended by Acts 1979, No. 769, §6; Acts 1988, No. 427, §1, eff. July 9, 1988.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:114.4. Fraud Detection Fund

RS 46:114.4 - Fraud Detection Fund
A. The Fraud Detection Fund, hereinafter referred to as the "fund", is hereby created in the state treasury as a special fund.
B. All money recovered through fraud detection shall be deposited into the state treasury after reimbursement of the federal funding agency's share.
C.(1) After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, and prior to monies being placed in the state general fund, the following amounts shall be credited to the fund:
(a) An amount equal to that deposited as required by Subsection B of this Section.
(b) An amount equal to that deposited in accordance with R.S. 46:231.14(G).
(2) The monies in this fund shall be used solely as provided by Subsection D of this Section and only in the amounts appropriated by the legislature. The monies in this fund shall be invested by the state treasurer in the same manner as monies in the state general fund, and interest earned on the investment of these monies shall be credited to this fund, again, following compliance with the requirement of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund.
D. The monies in the fund may be appropriated by the legislature to the office of children and family services of the Department of Children and Family Services for the enhancement of fraud detection and recovery activities in an amount not to exceed the balance on hand in the fund at the end of the previous calendar year. These funds shall not be used to replace, displace, or supplant state general funds appropriated for daily operation of any regional fraud detection activities of the office of children and family services.
E. All unexpended and unencumbered monies in the fund at the end of each fiscal year shall remain in the fund to the credit of the office of children and family services.
Acts 1990, No. 698, §1; Acts 1992, No. 773, §1, eff. July 7, 1992; Acts 2001, No. 1182, §6, eff. July 1, 2001; Acts 2014, No. 842, §1, eff. June 23, 2014.
NOTE: See Acts 2003, No. 560, §10.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:116. Prima facie proof of pleadings

RS 46:116 - Prima facie proof of pleadings
Pleadings filed on behalf of the Department of Children and Family Services in actions to recover the value of ineligible public financial assistance payments or benefits shall be accompanied by an itemized statement of the amount of overissuance or overpayment together with the amount to which the recipient was entitled, if any. When accompanied by an affidavit of the assistant secretary of the office administering such payments or benefits to the correctness thereof as to the truth of the facts alleged to the best of the affiant's knowledge and belief, such itemized statement shall be accepted as prima facie proof of the disbursement and receipt of said payments and the amount thereof.
Added by Acts 1981, No. 811, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:122. Louisiana Military Family Assistance Fund

RS 46:122 - Louisiana Military Family Assistance Fund
A.(1) Funds received by the state treasurer pursuant to the provisions of R.S. 47:120.31 and 306.3, or received by the treasurer or the Louisiana Military Family Assistance Board from other public or private donations, gifts, grants, appropriations or other revenue, including revenue derived from the Support Our Troops special prestige license plate as provided for in R.S. 47:463.131, shall be deposited and credited to a special fund hereby created in the state treasury to be known as the Louisiana Military Family Assistance Fund. The money in the fund shall be used solely as provided for in Subsection B of this Section. In addition to funds from any other source, public or private donations, gifts, or grants from individuals, corporations, nonprofit organizations, or other business entities may be made to the fund and accepted by the fund for military family relief and assistance as provided in this Part.
(2) All unexpended and unencumbered money in the fund at the end of the fiscal year shall remain in the fund. The money in the fund shall be invested by the treasurer in the same manner as money in the general fund and interest earned on the investment of the money shall be credited to the fund. The money in the fund shall not be commingled with other funds, but maintained in a separate account. Balances in the fund shall not lapse at any time, but shall be continuously available for expenditure as provided in this Part.
B. The money in the fund shall be used solely for the following purposes:
(1) To pay need-based claims of family members of activated military personnel or honorably discharged military personnel as authorized by the Louisiana Military Family Assistance Board in the manner provided for in R.S. 46:123.
(2) To provide for state administration of the program provided for in this Part as determined by the board, not to exceed five percent of the total amount deposited into the fund each fiscal year.
(3) To provide for the third party administrator's expenses in administration of the program provided for in this Part, which shall not exceed five percent of the total amount deposited into the fund each fiscal year.
(4) To pay transportation and other related costs of activated military personnel as authorized by the Louisiana Military Family Assistance Board.
(5) To conduct outreach activities for veterans of the United States Armed Forces.
Acts 2005, No. 151, §1, eff. June 28, 2005; Acts 2008, No. 676, §1; Acts 2010, No. 256, §1; Acts 2016, No. 402, §1; Acts 2017, No. 3, §1, eff. Jan. 1, 2018; Acts 2022, No. 413, §2, eff. June 15, 2022.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:151. System of adult services

RS 46:151 - System of adult services
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.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:153.1. Appropriation to state agencies

RS 46:153.1 - Appropriation to state agencies
Any state agency may, with the approval of the division of administration, transfer to the Louisiana Department of Health any portion of its appropriation that may be available for federal matching funds in accordance with the medical assistance program established by the department.
Added by Acts 1970, No. 248, §1, emerg. eff. July 7, 1970, at 1:00 P.M. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:153.2. Retention of moneys by state agencies

RS 46:153.2 - Retention of moneys by state agencies
A. Out of the funds received or receivable during each fiscal year by each state owned and operated hospital or other facility from the federal government or any federal agency for the care and treatment of or any other services rendered to or for the benefit of any patient eligible to receive such services under the medical assistance program provided for herein, the amount so collected or collectible during said period by each hospital or other facility shall be deposited in a special account in the state treasury to the credit of that hospital. The funds thus credited shall be available for use at the hospital or other facility making the collection for the following purposes, namely, (1) to employ necessary personnel and for other expenses incurred in connection with the proper administration of the collection of such monies by such hospital or other facility from the federal government or any agency thereof; (2) for the purchase of new equipment for use at such hospital or other facility; (3) for making major repairs at the hospital or other facility; (4) and for operating expenses and maintenance of the hospital or other facility. Any funds remaining unexpended and unencumbered in any such special account at the end of each fiscal year shall be retained in such special account.
B. Expenditures to be made under the authority of R.S. 46:153.1 and R.S. 46:153.2 shall be made only upon approval of the governing authority which administers the hospital or other facility or its designee, and the division of administration, and otherwise shall be subject to the laws and regulations relating to budgeting by state agencies and the budgetary controls provided for by Title 39 of the Louisiana Revised Statutes of 1950, as amended, insofar as said laws and regulations are not inconsistent with the purposes of R.S. 46:153.1 and R.S. 46:153.2.
Added by Acts 1970, No. 248, §1, emerg. eff. July 7, 1970, at 1:00 P.M. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:153.5. Mental health rehabilitation providers; accreditation

RS 46:153.5 - Mental health rehabilitation providers; accreditation
The secretary is authorized to promulgate rules and regulations requiring any provider participating in the Mental Health Rehabilitation Program and providing mental health rehabilitation services to be accredited by an accreditation body. The rules shall be adopted in accordance with the Administrative Procedure Act.
Acts 2003, No. 246, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:154. Financial assistance to other persons

RS 46:154 - Financial assistance to other persons
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.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:155. Incapacity required

RS 46:155 - Incapacity required
The Louisiana Department of Health shall require proof of either physical or mental incapacity prior to certification of any applicant who applies for public assistance under the provisions of R.S. 46:153 or R.S. 46:154.
Amended by Acts 1978, No. 786, §6, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:156. Supplementary assistance to persons who are aged, blind, or have disabilities

RS 46:156 - Supplementary assistance to persons who are aged, blind, or have disabilities
A. Any person who is aged, blind, or has a disability, within the meaning of Subchapter XVI of Chapter Seven of the Social Security Act, as amended, who, for the month of December, 1973, was a recipient of old age assistance, disability assistance, or aid to the needy blind, and is a recipient of supplemental security income under Subchapter XVI of Chapter Seven of the Social Security Act, as amended, shall be entitled to receive a monthly supplementary payment in the amount described in Subsection B of this Section, such payment to terminate the month in which such individual dies or the first month such individual ceases to be eligible for supplemental security income under Subchapter XVI of Chapter Seven of the Social Security Act, as amended.
B. The supplementary payment referred to in Subsection A of this Section shall be in an amount equal to the amount by which the individual's December, 1973 income exceeds the amount of such individual's Subchapter XVI of Chapter Seven benefit plus other income for such month. For purposes of this Subsection, the terms "December, 1973 income" and "Subchapter XVI of Chapter Seven benefit plus other income" shall have the meaning given to those terms in Act of July 9, 1973, Public Law 93-66, Section 212(a)(3), 87 Stat. 152.
C. Any person who is aged, blind, or has a disability and who was receiving old age assistance, aid to the needy blind or disability assistance under the state plan in effect on December 31, 1973, who ceased to be eligible for such assistance on January 1, 1974, solely because of the enactment of Public Law 92-603, Public Law 93-66, or by other federal legislation pertaining to such public laws, shall be entitled to receive financial assistance under the conditions and in an amount no less than that set forth in the state plan in effect December 31, 1973.
D. The secretary of the Louisiana Department of Health shall have authority to promulgate rules and regulations and take such action as may be necessary to carry out the provisions of this Section, provided that such rules and regulations and action are consistent with and in conformity with the provisions of Public Law 93-66 entitled Mandatory Minimum State Supplementation of SSI Benefits Program.
Acts 1975, No. 739, §1. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 2014, No. 811, §24, eff. June 23, 2014; Acts 2018, No. 206, §5.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:157. Prosthetic dentures; eligibility; rules and regulations

RS 46:157 - Prosthetic dentures; eligibility; rules and regulations
A. The bureau of health services financing of the Louisiana Department of Health shall make available to persons of this state who are eligible for Medicaid benefits under Title XIX of the Social Security Act, prosthetic dentures, upon certification by a dentist licensed under Louisiana law that the person is in need of prosthetic dentures, and upon certification of such need by the Louisiana Department of Health.
B. The secretary of the Louisiana Department of Health shall promulgate the necessary rules and regulations to implement the provisions of this Section. Such rules and regulations shall ensure that no charge for prosthetic dentures shall be approved for payment in excess of that normally received in private commercial relationships for the manufacture and fitting of such dentures, based on the nature and quality of dentures provided, the extent of professional services rendered, and the fees normally and customarily received in the area where the fitting occurred.
Added by Acts 1978, No. 168, §1. Amended by Acts 1979, No. 769, §7; Acts 2018, No. 206, §5.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:158. Prohibition of discrimination against dental care services

RS 46:158 - Prohibition of discrimination against dental care services
The bureau of health services financing of the Louisiana Department of Health shall make available to persons who are eligible for Medicaid benefits under Title XIX of the Social Security Act, 42 U.S.C. 1396 et seq., inpatient hospital services, outpatient hospital services, prescribed drugs, and all other services incident to professional treatment provided by a licensed dentist when the treatment and service is otherwise authorized and included in the Louisiana state plan for medical and dental assistance when provided or prescribed by a physician or any other licensed practitioner of the healing arts, provided that the dental health care shall be within the scope of dental professional practice as defined by R.S. 37:751 et seq.
Acts 1984, No. 259, §1; Acts 2018, No. 206, §5.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:159. Prohibition of discrimination against podiatric services

RS 46:159 - Prohibition of discrimination against podiatric services
The office of the secretary of the Louisiana Department of Health shall make available to persons who are eligible for Medicaid benefits under Title XIX of the Social Security Act, 42 U.S.C. 1396 et seq., inpatient hospital services, outpatient hospital services, prescribed drugs, and all other services incident to professional treatment provided by a licensed podiatrist when the treatment and service is otherwise authorized and included in the Louisiana state plan for medical assistance when provided or prescribed by a physician or any other licensed practitioner of the healing arts, provided that the podiatric health care shall be within the scope of podiatric professional practice as defined by R.S. 37:611 et seq.
Acts 1988, No. 788, §1; Acts 2018, No. 206, §5.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:159.1. Hospice care pilot program; rules and regulations

RS 46:159.1 - Hospice care pilot program; rules and regulations
A. The Louisiana Department of Health shall develop and implement a pilot project for hospice care under the Medicaid State Plan for persons who are eligible for Medicaid benefits under Title XIX of the Social Security Act. Such pilot project shall use Medicaid funds and to the extent possible reduce the Medicaid costs to the state. Implementation of the pilot project shall be subject to approval by the secretary of the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services, for federal reimbursement and shall be subject to limitations of state appropriations and federal matching funds.
B. For the purposes of this Section, the definition of "hospice care" shall be the definition in 42 U.S.C. 1396d(o).
C. Coverage of hospice care under the pilot project shall be in accordance with 42 U.S.C. 1396d(o), the Medicare Hospice Program guidelines as set forth in 42 CFR Part 418, and Sections 4305-4308.2 of the federal Centers for Medicare and Medicaid Services' State Medicaid Manual. In the case of an individual who is eligible for Medicaid benefits under Title XIX of the Social Security Act, occupies a Medicaid-certified nursing facility bed, and elects to receive hospice care, an additional amount for room and board shall be paid to the hospice that shall not be less than one hundred percent of the per diem rate that would have been paid to the nursing facility under the Medicaid State Plan.
D. In order to participate in the pilot project, a hospice shall meet the Medicare conditions of participation for hospice as set forth in 42 CFR Part 418 and shall have a valid Medicaid provider agreement.
E. The secretary of the Louisiana Department of Health shall promulgate the necessary rules and regulations to implement the provisions of this Section in accordance with the Administrative Procedure Act. Such rules and regulations shall include provisions for the certification of the reasonableness and medical necessity of the hospice care.
F. The Louisiana Department of Health is authorized to consult with other states that include hospice care under their Medicaid State Plan for assistance in implementing the provisions of this Section.
Acts 2001, No. 756, §1, eff. June 25, 2001; Acts 2018, No. 206, §5.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:192. Definitions

RS 46:192 - Definitions
As used in this Subpart, the following words and phrases shall have the meanings herein ascribed to each, unless the context clearly indicates otherwise:
(1) "Residential consumer" means an individual or family eligible for utility relief under the provisions of Title III of P.L. 96-223, the "Home Energy Assistance Act of 1980."1
(2) "Utility" means any publicly owned, investor-owned, cooperative or municipally controlled company, corporation, partnership, business, system, or person which supplies gas or electricity or both to residential consumers in Louisiana.
Acts 1980, No. 712, §1.
142 U.S.C.A. §8601 et seq.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:193. Utility relief

RS 46:193 - Utility relief
Each residential consumer shall receive utility relief in accordance with the provisions of Title III of P.L. 96-223, the "Home Energy Assistance Act of 1980."1 The secretary of the department responsible for implementation of Title III of P.L. 96-223, as designated by the governor, shall have authority to promulgate rules and regulations and take such actions as may be necessary to implement the provisions of this Section.
Acts 1980, No. 712, §1.
142 U.S.C.A. §8601 et seq.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:230.1. Legislative intent

RS 46:230.1 - Legislative intent
A. It is the intent of the legislature that families in Louisiana be strong and economically self-reliant so as to minimize their dependence on government benefits for basic needs. To accomplish this goal, it is the intent of this Part that the Department of Children and Family Services ensures that all cash assistance recipients, with the exception of persons with disabilities or who are incapacitated, are actively and universally engaged in meaningful activities designed to enable their transition from cash assistance to self-reliance. It is the further intent that cash assistance participants demonstrate and are expected to exercise active and diligent personal responsibility in achieving self-reliance through employment and increased workplace literacy. All appropriate state agencies responsible for employment, training, and educating Louisiana's citizens are expected to cooperate in the pursuit of this goal.
B. The Department of Children and Family Services shall submit written reports on the status of implementation of these provisions to the Performance Review Subcommittee of the Joint Legislative Committee on the Budget in March, 2004 and September, 2004, and thereafter, annually at the same time as the mid-year performance progress report is submitted as provided in R.S. 39:87.3(A)(2). Such written reports shall include but not be limited to data providing performance measures assessing the success of performance-based agreements, job readiness, workplace literacy, job development services, and such additional data as may be determined by the committee.
C. The Louisiana Workforce Commission shall work with the department to enhance program effectiveness of ongoing services on a continual basis.
Acts 2003, No. 58, §1; Acts 2004, No. 110, §1; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2013, No. 285, §1, eff. June 14, 2013; Acts 2014, No. 811, §24, eff. June 23, 2014.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:231.1. Family Assistance Programs; prohibitions; requirements

RS 46:231.1 - Family Assistance Programs; prohibitions; requirements
A. The state public assistance program shall consist of a cash assistance program, the Family Independence Temporary Assistance Program and an education, employment, training, and related services program for work-eligible families, STEP, and TANF-funded initiatives.
B. The state public assistance programs funded with federal TANF funds shall include all the requirements and prohibitions of PRWORA, and applicable changes due to its reauthorization.
Acts 1997, No. 1155, §1, eff. July 1, 1997; Acts 2003, No. 58, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:231.2. Family Independence Temporary Assistance Program; benefits; eligibility

RS 46:231.2 - Family Independence Temporary Assistance Program; benefits; eligibility
A.(1) The department shall develop and administer a temporary assistance program to be known as the "Family Independence Temporary Assistance Program" (FITAP) which shall provide money payments to the following:
(a) On behalf of a dependent child.
(b) On behalf of a pregnant woman, if medically verified that the woman is in the sixth month of pregnancy and if the unborn child would be eligible for family independence temporary assistance, had the child been born and living with her during the month of payment.
(2) FITAP assistance shall include money payments to meet the needs of a dependent child, including payments to meet the needs of the father, mother, stepfather, stepmother, or other relative, the relative's spouse with whom such child is living, and the needs of any other individual living in the same home if such needs are taken into account in making the determination of eligibility.
B. Notwithstanding the provisions of Subsection A of this Section, FITAP assistance shall not mean:
(1) Any amount paid to meet the needs of an unborn child.
(2) Any amount paid to or an increase in payment on behalf of a woman who has not medically verified that she is in the sixth month of pregnancy.
C. The secretary shall promulgate rules and regulations defining countable and exempt income and resources and establishing additional eligibility criteria.
D. Nothing in this Subpart shall be construed as authorizing any state official, agent, or representative in carrying out any of the provisions of this Subpart to take charge of any child over the objection of either of the parents of the child, or over the objections of the tutor or other persons having the legal care, custody and control of the child.
Acts 1997, No. 1155, §1, eff. July 1, 1997; Acts 2013, No. 285, §1, eff. June 14, 2013; Acts 2018, No. 206, §5.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:231.3. FITAP benefits; prohibited uses

RS 46:231.3 - FITAP benefits; prohibited uses
A. A person who receives FITAP benefits shall not use such benefits in an electronic benefits transfer transaction in any of the following places:
(1) A liquor store.
(2) A gaming establishment.
(3) A retail establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment purposes.
(4) An adult bookstore.
(5) An adult paraphernalia store.
(6) A sexually oriented business.
(7) A commercial body art facility.
(8) A nail salon.
(9) A jewelry store.
(10) An amusement ride.
(11) An amusement attraction.
(12) A bail bonds company.
(13) A bar.
(14) A cruise ship.
(15) A psychic business.
(16) An establishment where persons under eighteen years of age are not permitted to enter.
B. A person who receives FITAP benefits shall not use such benefits in any electronic benefits transfer transaction at a retailer for the purchase of any of the following:
(1) An alcoholic beverage as defined in R.S. 14:93.10.
(2) A tobacco product as defined in R.S. 14:91.6(B).
(3) A ticket for a lottery as defined in R.S. 47:9002.
(4) Jewelry as defined in R.S. 46:231.
C. The FITAP case of any recipient who violates the provisions of this Section shall be closed in accordance with the following schedule:
(1) Case closure for a period of twelve months for the first violation.
(2) Case closure for a period of twenty-four months for the second violation.
(3) Permanent case closure for the third violation.
D. A person whose FITAP case is closed pursuant to the provisions of this Section shall have the right to a hearing conducted in accordance with the Administrative Procedure Act.
Acts 2014, No. 842, §1, eff. June 23, 2014.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:231.4. Immunization compliance; exceptions

RS 46:231.4 - Immunization compliance; exceptions
A. The secretary of the Department of Children and Family Services and the secretary of the Louisiana Department of Health shall require each recipient of public assistance of the programs described herein or his parent or guardian to present to the appropriate local agency issuing the public assistance sufficient evidence of immunity or immunization against vaccine-preventable diseases according to a schedule promulgated by rule by the office of public health of the Louisiana Department of Health. Sufficient evidence that such an immunization program is in progress may be substituted for proof of immunity or immunization.
B. Except as provided herein, failure to comply with the provisions of Subsection A of this Section within a reasonable period of time, as defined by rule, after written notification of the requirements of this Section shall result in the suspension of public assistance until compliance is demonstrated.
C. No person shall be required to comply with the provisions of this Section if that person or his parent or guardian submits a written statement from a physician stating that the immunization procedure is contraindicated for medical reasons or if the person or his parent or guardian objects to the procedure on religious grounds.
D. The Department of Children and Family Services and the Louisiana Department of Health shall promulgate rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Section for programs under the particular department's jurisdiction. The office of public health shall develop and promulgate by rule the immunization schedule required herein.
E. The Louisiana Department of Health shall apply for any federal waiver necessary to ensure full federal participation in the implementation of this Section and shall submit a written report to the Senate and House committees on health and welfare at the time the waiver is either approved or denied. Failure to receive waiver approval for any one or more of the public assistance programs shall not preclude the implementation of this Section for the remaining programs, upon waiver approval, if needed.
F.(1) The following public assistance programs shall be subject to the provisions of this Section:
(a) Family Independence Temporary Assistance Program (FITAP).
(b) Public assistance with the cost of medical care under the medical assistance program (Medicaid).
(2) For purposes of this Section, "recipient" means a recipient of public assistance who is under eighteen years of age and all of a recipient's dependents who are under eighteen years of age.
Acts 1997, No. 1155, §1, eff. July 1, 1997; Acts 2018, No. 206, §5.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:231.5. Public assistance recipients; parenting skills education; condition of eligibility

RS 46:231.5 - Public assistance recipients; parenting skills education; condition of eligibility
A. The secretary shall establish a program to provide parenting skills education for public assistance recipients who are pregnant or have a child under age one and shall require participation as a primary work activity under a Family Success Agreement. Parents with children under age one are not considered exempt for participation in this work activity. Participants who fail to participate in these activities shall be subject to sanction for non-participation and shall be considered to be out of compliance with a Family Success Agreement. Applicable child care and transportation shall be provided to participants to enable their participation.
B. The secretary of the department shall adopt rules and regulations for the administration of the program established under this Section.
Acts 1997, No. 1155, §1, eff. July 1, 1997; Acts 2003, No. 58, §1.