reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1457. Payment of cost of compliance; deposit into registry of court

RS 45:1457 - Payment of cost of compliance; deposit into registry of court
A. Upon receipt of a subpoena governed by R.S. 45:1455 through 1458, the news media organization, reporter, custodian of records, photographer, or other representative of any news media organization shall notify the party requesting the issuance of the subpoena of the reasonable cost of compliance with the subpoena and the method of calculating the cost.
B. Upon receipt of notification of the cost of compliance as provided in Subsection A of this Section, the party requesting the issuance of the subpoena shall deposit into the registry of the court money or other security in the amount of such cost not less than two days prior to the return date specified in the subpoena. If this amount is not timely deposited, the subpoenaed party may file an affidavit with the court or tribunal setting forth that fact and no further compliance with the subpoena shall be necessary.
C. The cost of compliance calculated by the subpoenaed party shall be presumed to be reasonable unless the party requesting issuance of the subpoena requests a hearing, and the court finds, after such hearing, that the cost of compliance calculated by the subpoenaed party is not reasonable, in which case the court shall make an adjustment of the amount deposited into the registry of the court. The court may, after contradictory hearing, grant reasonable attorney fees and expenses to the prevailing party in that contradictory hearing.
D. Any amount deposited into the registry of the court pursuant to this Section shall be taxed as court costs pursuant to the rules governing the proceeding.
Acts 1987, No. 803, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1458. Application to other proceedings and discovery

RS 45:1458 - Application to other proceedings and discovery
The provisions of R.S. 45:1455 through 1458 shall apply to subpoenas issued in connection with all legislative hearings, administrative proceedings, grand jury hearings and proceedings conducted under Article 66 of the Code of Criminal Procedure. The provisions of this Chapter shall also govern all subpoenas issued in connection with depositions or other discovery authorized by law.
Acts 1987, No. 803, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1501. Definitions

RS 45:1501 - Definitions
A. The word "commission" when used in this Chapter means the Louisiana Public Service Commission.
B. The word "commissioners" when used in this Chapter means the commissioners of the Louisiana Public Service Commission.
C. The term "radio common carriers" when used in this Chapter includes every corporation, company, association, partnership and persons and lessees, trustees, or receivers, appointed by any court whatsoever owning, operating or managing a radio common carrier or public "for hire" radio service engaged in the business of providing a service of radio communications between mobile and base stations, between mobile and land stations, including land line telephones, between mobile stations or between land stations, but not engaged in the business of providing a public land line message telephone service or a public message telegraph service.
D. Notwithstanding any provisions of R.S. 45:781 through 45:790 inclusive, or any provision of this Chapter, the term "radio common carrier" as used in this Chapter shall not be construed to mean a company operating under the provisions of Title 45, Chapter 8, of the Louisiana Revised Statutes, and no such radio common carrier shall have any of the powers, rights or duties provided for and prescribed by said Title 45, Chapter 8.
Added by Acts 1968, No. 634, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1502. Rates; service; rules and regulations

RS 45:1502 - Rates; service; rules and regulations
The rates of every radio common carrier shall be just, reasonable, and not unduly preferential; the service of every such carrier shall be adequate and not unduly preferential, and the rules and regulations of every such carrier shall be just, reasonable and not unduly preferential. It shall be the duty of the commissioners to prescribe appropriate rules and regulations, and to make such orders as may be necessary and proper, to insure that such radio common carrier rates, services, rules and regulations are reasonable, just, adequate and not unduly preferential.
Added by Acts 1968, No. 634, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1503. Certificate of public convenience and necessity; exceptions

RS 45:1503 - Certificate of public convenience and necessity; exceptions
A. No radio common carrier shall begin, or continue, the construction or operation of any mobile radio system, or any extension thereof, or acquire ownership or control thereof either directly or indirectly without first obtaining from the public utilities commission a certificate that the present or future public convenience and necessity requires or will require such construction, operation or acquisition; provided this Chapter shall not require, nor shall it be so construed as to require, any such carrier to secure a certificate for an extension within any municipality within which such person has heretofore lawfully commenced operations, or for any extension within or to territory already served by such carrier, necessary in the ordinary course of business, or for substitute facilities within or to any municipality or territory already served by such carrier, or for any extension into territory contiguous to that already served by such carrier and not receiving similar service from another such carrier when no certificate of convenience and necessity has been issued to or applied for by any other radio common carrier, or for the acquisition and operation of any plant or system heretofore constructed or hereafter constructed under authority of a certificate of convenience and necessity hereafter issued. The commissioners are hereby authorized to prescribe appropriate and reasonable rules and regulations governing the issuance of such certificates.
B. Any person engaged in the construction or operation of any radio common carrier on July 31, 1968 shall receive a certificate of convenience and necessity from the Louisiana Public Service Commission authorizing such person to continue the construction or operation of such radio common carrier in the territory professed to be served by such person on July 31, 1968 if, within sixty days after July 31, 1968, such person shall file with the commission an application for such certificate, including copies of any license or licenses issued by the Federal Communications Commission to such person, showing the area professed to be served by such person.
C. The commission shall not grant a certificate for a proposed radio common carrier operation or extension thereof which will be in competition with or duplication of any other radio common carrier unless it shall first determine that the existing service is inadequate to meet the reasonable needs of the public and that the person operating the same is unable to or refuses or neglects after hearing on reasonable notice to provide reasonable adequate service.
Added by Acts 1968, No. 634, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1504. Interconnection with telephone facilities

RS 45:1504 - Interconnection with telephone facilities
Each radio common carrier holding a certificate from the commission may interconnect its common carrier radio telephone facilities with the telephone facilities of the telephone company serving the area in which the base station of the radio common carrier is located, provided an agreement can be reached between the radio common carrier and the serving telephone company providing for such interconnection; provided further, that when an agreement cannot be reached between the radio common carrier and the serving telephone company, the radio common carrier may petition the commission for the right of interconnection and if the commission finds that a necessity exists therefor, such interconnection shall be ordered by the commission on such reasonable terms as shall be set by the commission.
Added by Acts 1968, No. 634, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1601. Definitions

RS 45:1601 - Definitions
As used in this Chapter, the following terms and phrases have the meanings hereinafter ascribed to them:
(1) "Department" means the Louisiana Department of Health.
(2) "Lending entity" means the governmental or financial entity providing financing to a water cooperative.
(3) "U.S.D.A." means the United States Department of Agriculture.
(4) "Water cooperative" means any nonprofit water utility cooperative or corporation that is wholly owned by water user members and eligible to receive financing from a lending entity.
Acts 2016, No. 444, §1, eff. June 9, 2016.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1602. Water cooperative rate change; regulation

RS 45:1602 - Water cooperative rate change; regulation
A. Any request for a change to the rate structure of a water cooperative that receives financing from the U.S.D.A. shall be granted when all of the following requirements are satisfied:
(1) A rate assessment or study has been conducted by a qualified third party.
(2) A majority vote of the board of directors of a water cooperative has been conducted in accordance with the bylaws of the water cooperative and approves the proposed rate structure.
(3) Final approval of the U.S.D.A. has been granted.
B. Any request for a change to the rate structure of a water cooperative that receives financing from the department shall be granted when all of the following requirements are satisfied:
(1) A rate assessment or study has been conducted by a qualified third party.
(2) A majority vote of the board of directors of a water cooperative has been conducted in accordance with the bylaws of the water cooperative and approves the proposed rate structure.
(3) Final approval of the department has been granted.
C. Any request for a change to the rate structure of a water cooperative that receives no financing from a lending entity or that receives financing and the lending entity is neither the U.S.D.A. nor the department shall be granted when all of the following requirements are satisfied:
(1) A rate assessment or study has been conducted by the Louisiana Rural Water Association.
(2) The rate assessment or study conducted by the Louisiana Rural Water Association has been approved by the legislative auditor.
(3) A majority vote of the board of directors of a water cooperative has been conducted in accordance with the bylaws of the water cooperative and approves the proposed rate structure.
D. Any request for a change to the rate structure of a water cooperative that receives financing from multiple lending entities shall be granted when the water cooperative obtains approval in accordance with one of the applicable Subsections of this Section.
Acts 2016, No. 444, §1, eff. June 9, 2016.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1603. Applicability

RS 45:1603 - Applicability
The provisions of this Chapter apply only to water cooperatives that were eligible to receive financing from the U.S.D.A. prior to January 1, 2011.
Acts 2016, No. 444, §1, eff. June 9, 2016.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1604. Requirement to provide service

RS 45:1604 - Requirement to provide service
No water cooperative shall arbitrarily deny a request for water service to a properly permitted residential or commercial structure that is located within the cooperative's service area. This Section does not prohibit a cooperative from discontinuing water service to a customer who fails to pay service charges or for other just cause. Notwithstanding R.S. 45:1603, this Section applies to all water cooperatives.
Acts 2023, No. 360, §1.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1611. Emergency service plan; cable service providers and video service providers

RS 45:1611 - Emergency service plan; cable service providers and video service providers
When used in this Chapter:
(1) "Cable service" means the one-way transmission to subscribers of video programming or other programming service and any subscriber interaction required for the selection or use of video programming or other programming service, but shall not include any video programming provided by a commercial mobile service provider.
(2) "Cable service provider" means any person or entity that provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in that cable system, or who otherwise controls or is responsible for, through any arrangement, the management and operation of that system.
(3) "Cable system" means a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community but does not include the following facilities or systems:
(a) A facility that serves only to retransmit the television signals of one or more television broadcast stations.
(b) A facility that serves subscribers without using any public right-of-way.
(c) A facility of a common carrier which is subject, in whole or in part, to common carrier regulation, except that the facility shall be considered a cable system to the extent the facility is used in the transmission of video programming directly to subscribers, unless the extent of the use is solely to provide interactive on-demand services.
(d) An open video system to the extent the system is considered under federal law not to be a cable system.
(e) Any facilities of an electric utility used solely for operating its electric system.
(4) "Commercial mobile service provider" means an interconnected radio communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves, provided for profit and to the public or to a substantial portion of the public.
(5) "Commission" means the Louisiana Public Service Commission.
(6) "Video programming" means programming provided by, or generally considered comparable to programming provided by, a television broadcast station.
(7) "Video service" means any video programming service provided through wireline facilities located at least in part in the public rights-of-way without regard to delivery technology, including internet protocol technology. "Video service" shall not include any video programming provided by a commercial mobile service provider or video programming provided as part of a service that enables users to access content, information, email, or other services offered over the public internet.
(8) "Video service provider" means any entity providing video service.
Acts 2020, 2nd Ex. Sess., No. 42, §1, eff. Dec. 1, 2020.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1613. Violations; penalties

RS 45:1613 - Violations; penalties
Any cable service provider or video service provider found by the commission, after notice and hearing, to be in violation of any provision of this Chapter shall be subject to a civil fine not to exceed one thousand dollars for the first violation. The civil fine for any subsequent violation of any provision of this Chapter shall not exceed five thousand dollars.
Acts 2020, 2nd Ex. Sess., No. 42, §1, eff. Dec. 1, 2020.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1622. Purpose; legislative intent

RS 45:1622 - Purpose; legislative intent
The Louisiana Legislature hereby finds it necessary and in the best interest of the state to promote rapid development of a statewide electric vehicle charging network by doing all of the following:
(1) Improving the quantity, quality, and variety of electric vehicle charging amenities and consumer experience services available in the state.
(2) Urging the Louisiana Public Service Commission to establish an electric vehicle charging rate structure that promotes long-term alternative fuel market competition by encouraging transparent pricing, more stable electricity costs, expanded investment opportunities in charging infrastructure, innovation, and a widespread implementation of publicly available fast charging, electric vehicle charging technology and equipment.
(3) Urging the Louisiana Public Service Commission to explore excluding persons or corporations from the definition of public utility when all of the following occur:
(a) Those persons or corporations purchase electricity from an electric public utility or a municipal electric utility.
(b) Those persons or corporations furnish electricity exclusively to charge battery electric vehicles and plug-in hybrid electric vehicles to or for the public for compensation.
(c) Those persons or corporations do not otherwise operate as a public utility.
Acts 2022, No. 762, §1, eff. June 18, 2022.
2023 Louisiana Laws › Revised Statutes › Title 45 - Public Utilities and Carriers › §45:1623. Definitions

RS 45:1623 - Definitions
As used in this Chapter, the following terms are defined as and mean the following:
(1) "Commission" means the Louisiana Public Service Commission.
(2) "Electric public utility" for the purposes of sale for resale of power related to electric vehicles, or other activities related to operators of electric vehicle equipment, shall be determined by the commission pursuant to its order issued in Docket R-36131.
Acts 2022, No. 762, §1, eff. June 18, 2022.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1. Definitions

RS 46:1 - Definitions
As used in this Title, the following definitions shall apply:
(1) "Assistance" means money payments under this Title.
(2) "Department" means the Department of Children and Family Services or the Louisiana Department of Health.
(3) "Parish director" means the director of the parish or district office.
(4) "Parish or district office" means parish or district office of the Department of Children and Family Services or the Louisiana Department of Health.
(5) "Recipient" means the person who has received assistance under this Title.
(6) "Secretary" means the secretary of the Department of Children and Family Services or the Louisiana Department of Health.
Amended by 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 › §46:2. Administration of oaths

RS 46:2 - Administration of oaths
A. Employees of the office of children and family services of the Department of Children and Family Services and employees of the parish or district offices of the department, including the New Orleans Department of Health, may administer oaths and pass authentic acts in connection with any documents relative to relief or assistance now or to be furnished by the state or any political subdivision under the provisions of this Title or the provisions of the Social Security Act, as either may be amended.
B. Employees of the office of children and family services of the Department of Children and Family Services and employees of the parish or district offices of the department may administer oaths and pass authentic acts, except acts of voluntary surrender under R.S. 9:402, in connection with any documents relative to services now or to be furnished by the state or any political subdivision, either directly or through contractual agreement, under the provisions of this Title or the provisions of the Social Security Act.
C. No charge shall be made for any oath taken or act passed by authority of this Section.
Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1980, No. 256, §1; Acts 2013, No. 220, §20, eff. June 11, 2013; Acts 2014, No. 791, §17.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:3. Trustees or administrators shall not be interested in contracts with or sales to charitable institutions; penalties

RS 46:3 - Trustees or administrators shall not be interested in contracts with or sales to charitable institutions; penalties
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.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:4. Parish appropriations in aid of charity hospitals

RS 46:4 - Parish appropriations in aid of charity hospitals
Police juries may, under such regulations as they may prescribe, appropriate annually and use from parish funds, sums of money not to exceed one thousand dollars in aid of charity hospitals or other similar institutions, when the charity hospitals or other institutions are freely used without cost by the indigent sick or wounded citizens of the parishes.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:5. Parish appropriations in aid of charity hospitals of adjoining states

RS 46:5 - Parish appropriations in aid of charity hospitals of adjoining states
The police juries may, under such regulations as they may prescribe, appropriate annually and use from parish funds, sums of money not to exceed three hundred dollars in aid of charity hospitals or other similar institutions of adjoining states, when the charity hospitals or other institutions are freely used, without cost, by the indigent sick or wounded citizens of the parishes.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:6. Admission criteria to state-supported charity hospitals

RS 46:6 - Admission criteria to state-supported charity hospitals
Any bona fide resident of the state of Louisiana who is in need of medical services, including but not limited to the uninsured, shall be eligible for treatment by any general hospital owned or operated by the board in accordance with policy adopted by the LSU Board of Supervisors. However, any person with an income greater than two hundred percent of the applicable federal poverty guideline as published in the Federal Register by the United States Department of Health and Human Services and who is otherwise eligible for treatment may be denied access to non-emergency medical care if such person refuses to pay any appropriately adopted reasonable charges for treatment or service received, unless the patient's clinical condition requires immediate treatment as determined by the patient's treating physician, or if the person has been treated in the past, billed based upon his or her ability to pay, and has refused to pay for previous medical services without justifiable excuse or to make arrangements for periodic partial payments, unless the patient's clinical condition requires immediate treatment as determined by the patient's treating physician or medical director. In no event shall emergency treatment be denied to anyone; and in no event shall any person housed in any parish jail facility or state prison in the state of Louisiana, irrespective of his state of residency, be denied medically necessary medical treatment in the nearest general hospital owned or operated by the board. Further, any prisoner treated at a general hospital owned or operated by the board shall have those services paid through the facility receiving state funding for the incarceration of that prisoner.
Amended by Acts 1975, No. 534, §1; Acts 1977, No. 669, §1; Acts 1983, No. 671, §1; Acts 1991, No. 893, §1; Acts 2003, No. 906, §§2, 3, eff. July 1, 2003; Acts 2018, No. 206, §5.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:7. Questionnaire for applicant; fraud or misrepresentation; penalties

RS 46:7 - Questionnaire for applicant; fraud or misrepresentation; penalties
A. Before any person is admitted to any hospital, except in cases of emergency, the superintendent or director of the hospital shall provide a questionnaire to be answered by all applicants for admission.
B. If any person is admitted through fraud or misrepresentation on the part of the applicant for admission, or anyone acting for him, the superintendent or director of the hospital may make appropriate charges for services rendered to the patient, in accordance with charges in other first class hospitals, including physicians' and surgeons' fees. The department may bring suit against the patient for recovery thereof.
C. Any person who shall obtain, attempt to obtain, or aid or abet anyone to obtain admission to a hospital supported by the state of Louisiana by means of any false statement, misrepresentation or other fraudulent device shall be guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars, or imprisoned for not more than one year, or both.
Amended by Acts 1960, No. 136, §1; Acts 1978, No. 786, §6, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:8. Subrogation to right of action for patient's injuries against employer or third person

RS 46:8 - Subrogation to right of action for patient's injuries against employer or third person
Where a patient in any state supported or veterans administration hospital in the state has been injured by the negligence of another person other than his employer, or by an employer in employment falling outside of the provisions of the employer's liability laws, and has a right of action for the recovery of compensatory damages against that person, the department or the United States, in the case of veterans administration hospitals in the state, shall be subrogated to the right of action to the extent of reasonable charges for services rendered to the patient, in accordance with like charges in other first class hospitals, including physicians' and surgeons' fees.
Amended by Acts 1972, No. 20, §1; Acts 1978, No. 786, §6, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:9. Copy of petition to be served on hospital when patients sue for injuries

RS 46:9 - Copy of petition to be served on hospital when patients sue for injuries
A. Any person who has received in any of the charity hospitals of the state or in a veterans administration hospital in the state treatment for injuries which might entitle him to damages or compensation, and who files suit for the recovery of the damages or compensation, shall cause a copy of the petition to be served on the hospital from which he received treatment, or on the attorney designated to represent the hospital, at least ten days before the trial of the suit.
B. No court of this state shall proceed with the trial of any suit involving any claim referred to in this Section unless a copy of the petition has been served as required or such service has been waived as provided in Subsection C of this Section.
C. Nothing in this Section shall prevent the plaintiff or his attorney and the attorney representing the charity hospital or veterans administration hospital from entering into a written agreement stipulating that in the event of a favorable judgment for the plaintiff, the bills for services due the hospital shall be paid before all other disbursements of the award. Such an agreement may be accompanied by a waiver of the service of the petition upon the hospital otherwise required in Subsection A of this Section.
Amended by Acts 1972, No. 20, §1; Acts 1976, No. 675, §1; Acts 2018, No. 206, §5.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:10. Compromise of claim not to affect rights of the hospital

RS 46:10 - Compromise of claim not to affect rights of the hospital
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.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:11. Proceedings for recovery of charges due hospitals

RS 46:11 - Proceedings for recovery of charges due hospitals
All proceedings for the recovery of any charges or fees due any charity hospital of this state or any veterans administration hospital in the state may be presented in any court of this state, in term time or in vacation, by rule, in a direct action or by intervention, or by third opposition, and all the proceedings shall be tried or heard summarily and by preference in all courts, after notice of not less than two days to adverse parties.
Amended by Acts 1972, No. 20, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:11.1. Intervention in personal injury and workers' compensation suits

RS 46:11.1 - Intervention in personal injury and workers' compensation suits
A. The Louisiana Department of Health, on behalf of any of the general charity hospitals under the administration of said department, or the United States, on behalf of any veterans administration hospital in the state, or any military treatment facility, may intervene at any time prior to judgment in any personal injury suit or in any suit involving worker's compensation claims in which any of these hospitals has an interest, for the purpose of recovering the cost of drugs, X-rays, laboratory fees, surgical, medical, and other expenses of hospitalization and services rendered.
B. It is the intention of this Section that prescription shall not run against the intervention by the department or a veterans administration hospital, or any military treatment facility, in the state in any such suit in which any of them may have an interest until judgment has been rendered in the cause in the court of original jurisdiction or the prescriptive period provided by law for the cause of action has run, whichever is the later.
Acts 1958, No. 465, §§1, 2; Amended by Acts 1972, No. 20, §1; Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1983, 1st Ex.Sess., No. 1, §6; Acts 1991, No. 381, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:12. Prima facie truth of pleadings of hospitals

RS 46:12 - Prima facie truth of pleadings of hospitals
Whenever the pleadings filed on behalf of any charity hospital of this state or any veterans administration hospital in the state are accompanied by an affidavit of the director or any officer of the hospital or of the attorney designated to represent the hospital, that the facts as alleged are true to the best of the affiant's knowledge or belief, all of the facts alleged in the pleadings shall be accepted as prima facie true and as constituting a prima facie case, and the burden of proof to establish anything to the contrary shall rest wholly on the opposing party.
Amended by Acts 1972, No. 20, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:13. Persons liable for charges when patient comes within employer's liability laws

RS 46:13 - Persons liable for charges when patient comes within employer's liability laws
Where a patient in any of the state charity hospitals or in any veterans administration hospital in the state comes within the provisions of the employer's liability laws, the superintendent or the director may make appropriate charges for services rendered to the patient, in accordance with charges of other first class hospitals, including physicians' and surgeons' fees; and the patient, the employer of the patient, and the compensation insurer of the employer shall be liable therefor in solido. The superintendent or the director of the hospital shall give notice to the employer or the insurance company that the patient is being treated and that charges will be made therefor; provided that failure to give this notice shall not relieve the employer or the insurance company from liability when notice has been otherwise received.
Amended by Acts 1972, No. 20, §1; Acts 1978, No. 786, §6, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:14. Discouraging the abuse of state charity hospital aid

RS 46:14 - Discouraging the abuse of state charity hospital aid
The department may study abuse of state charity hospital aid, and may take necessary measures to discourage the abuse.
Amended by Acts 1978, No. 786, §6, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:15. Counsel for hospitals

RS 46:15 - Counsel for hospitals
The attorney general shall designate counsel to represent state hospitals in all claims and cases arising under this Chapter, and whenever so designated and a claim is placed in his hands the counsel shall be paid by the hospital a fee of twenty-five percent of the first five hundred dollars collected, twenty percent of the next five hundred dollars collected and fifteen percent of the excess of one thousand dollars collected, said fee to be paid out of any funds accruing to the hospital by reason of the claim or case.
Amended by Acts 1954, No. 720, §1; Acts 1962, No. 149, §1; Acts 1972, No. 20, §1; Acts 1976, No. 675, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:16. Sale or lease of state-owned facilities; procedure

RS 46:16 - Sale or lease of state-owned facilities; procedure
In the event that any state facility owned or operated by the Department of Children and Family Services, the Louisiana Department of Health, or the Department of Public Safety and Corrections should permanently cease operations or should permanently vacate the premises of one facility and move to the premises of another facility, the secretary of the appropriate department is hereby authorized to sell or lease to the highest bidder the property, buildings, and all other appurtenances of the state-owned facility which has been permanently closed or vacated. The respective secretary shall, when such facilities are offered for sale or lease, follow those procedures set forth in R.S. 41:131 et seq., relative to the sale of public land or R.S. 41:1211 et seq., relative to the lease of public land; provided however, the Joint Natural Resources Oversight Committee approves the proposed sale or lease.
Acts 1986, No. 859, §1; H.C.R. No. 59, 1999 R.S.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:17. Indigent defined; collection of charges by state-owned hospitals

RS 46:17 - Indigent defined; collection of charges by state-owned hospitals
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.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:18. Health care records; copies

RS 46:18 - Health care records; copies
A. The provider of health care shall furnish to the claimant, the person appointed to represent the claimant in his dealings with the Social Security Administration, or an agent with written authorization made pursuant to 45 CFR 164.508, upon request, a copy of any records that are necessary to support his filing for social security disability benefits or supplemental security income benefits under any provision of the Social Security Act. Cost of each photocopy shall not exceed fifty cents per page for the first five pages and twenty-five cents for each additional page except that the amount due shall not be less than the amount paid by the Department of Children and Family Services for such copies. Payment for any copies made in connection with disability determinations shall be made to the health care provider's agent instead of the health care provider when the agent makes the copies.
B. If a copy of the record is not provided within a reasonable period of time, not to exceed fifteen days following the receipt of the request and written authorization, and production of the record is obtained through a court order or subpoena duces tecum, the health care provider shall be liable for reasonable attorney fees and expenses incurred in obtaining the court order or subpoena duces tecum. Such sanctions shall not be imposed unless the person requesting the copy of the record has by certified mail notified the health care provider of his failure to comply with the original request, by referring to the sanctions available, and the health care provider fails to furnish the requested copies within five days from receipt of such notice. Except for their own gross negligence, such health care providers shall not otherwise be held liable in damages by reason of their compliance with such request or their inability to fulfill the request.
Acts 2003, No. 1241, §1; Acts 2007, No. 476, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:51.1. Contribution to cost of foster care by parent

RS 46:51.1 - Contribution to cost of foster care by parent
A. When making a recommendation for parental contribution to the costs of care and treatment in accordance with Children's Code Article 685, the department shall calculate an amount in accordance with the provisions of the Louisiana Administrative Code, Title 67, Part V, Subpart 5, Chapter 35, §3501.
B. Assistance from the natural or adoptive parent or tutor will only be made to aid in defraying the cost of such contracts, plus amounts and benefits available to the foster child or through his natural or adoptive parent or tutor from other sources, including such sources as social security, veterans administration, private insurance, Louisiana Department of Health, Department of Education, including special education and vocational rehabilitation.
Added by Acts 1978, No. 508, §1; Acts 2008, No. 392, §2.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:51.1.1. Child support programs; foster care; rights; responsibilities

RS 46:51.1.1 - Child support programs; foster care; rights; responsibilities
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.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:51.3. Criminal history information; access to federal tax information

RS 46:51.3 - Criminal history information; access to federal tax information
The Department of Children and Family Services, office of child support enforcement and family support, is authorized to perform criminal history records checks of current and prospective employees, contractors, and subcontractors in accordance with the procedures provided in R.S. 15:587.5. Pursuant to this authorization and to implement the requirements of R.S. 15:587.5, the secretary shall promulgate rules and regulations with regard to this matter.
Acts 2017, No. 147, §5, eff. June 12, 2017.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:52. Duties of the secretary

RS 46:52 - Duties of the secretary
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.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:53. Transfer of appropriations to department by other state agencies, public or private entities, including any health care provider; procedure; purpose; expenditures

RS 46:53 - Transfer of appropriations to department by other state agencies, public or private entities, including any health care provider; procedure; purpose; expenditures
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.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:54. Parish offices

RS 46:54 - Parish offices
There shall be in each parish of the state a parish office of the department; provided that the department may unite two or more parishes and form a district office. All duties and responsibilities set forth in this Chapter for parish offices shall also apply to the district offices.
Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 2018, No. 206, §5.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:55. Duties of the parish office

RS 46:55 - Duties of the parish office
Under rules and regulations of the department, the parish offices shall administer all forms of public assistance in the parish and such other welfare activities as are required by R.S. 36:258(C) and as may be delegated to it by the department.
Acts 1978, No. 786, §6, eff. July 17, 1978.