reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:286.22. Findings and intent

RS 46:286.22 - Findings and intent
A. The legislature hereby finds and declares the following:
(1) Parents make important decisions every day regarding participation by their children in activities, and caregivers of children in foster care are faced with making the same decisions for their foster children.
(2) When a foster caregiver makes decisions, he must consider applicable laws and rules to safeguard the health and safety of a child in his care; and those laws and rules are not intended to be applied in such a manner as to prohibit children in foster care from participating in age- or developmentally appropriate activities.
(3) Participation in age- and developmentally appropriate activities is important to a child's well-being, both emotionally and in terms of developing healthy coping mechanisms and valuable life skills.
B. It is the intent of the legislature to recognize the importance of normalizing the lives of children in foster care while ensuring their health and safety, and to empower caregivers and legal custodians to support and encourage a child's participation in activities.
Acts 2015, No. 310, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:286.23. Standard of care; application

RS 46:286.23 - Standard of care; application
A. It is the policy of this state that each child who enters foster care should be encouraged and supported to participate in age- and developmentally appropriate extracurricular, enrichment, cultural, social, and sporting activities.
B.(1) Each caregiver shall use the reasonable and prudent parent standard as defined in R.S. 46:283(D) in determining whether to give permission for a child living in foster care under the responsibility of the state to participate in extracurricular, enrichment, cultural, social, or sporting activities.
(2) When using the reasonable and prudent parent standard, the caregiver shall consider all of the factors provided in R.S. 46:283(E).
Acts 2015, No. 310, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:288.2. Definitions

RS 46:288.2 - Definitions
As used in this Subpart, the following terms shall have the following meanings:
(1) "Court" means the court that exercised juvenile jurisdiction over the child in need of care proceedings involving the youth prior to his eighteenth birthday.
(2) "Department" means the Department of Children and Family Services.
(3) "Youth" means an individual who was adjudicated as a child in need of care, was in foster care in the department's custody on the day before his eighteenth birthday, and is at least eighteen years of age but less than twenty-one years of age.
Acts 2019, No. 400, §2, eff. June 19, 2019.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:288.3. Eligibility; notice

RS 46:288.3 - Eligibility; notice
A. The department may provide extended foster care services for a youth who satisfies one of the following conditions for eligibility:
(1) Completing secondary education or a program leading to an equivalent credential.
(2) Enrolled in an institution that provides postsecondary or vocational education.
(3) Participating in a program or activity designed to promote employment or remove barriers to employment.
(4) Employed for at least eighty hours per month.
(5) Is incapable of doing any part of the activities in Paragraphs (1) through (4) of this Subsection due to a medical condition. A medical condition invoked pursuant to this Paragraph shall be documented and supported by regularly updated information in the youth's case plan.
B. The department shall notify all foster children and their foster parents or other custodians in writing of the availability of these benefits and services upon the foster child's seventeenth birthday, and every ninety days thereafter until the child's eighteenth birthday, unless the foster child and foster parents or other custodians have already consented in writing to participation in this program.
Acts 2019, No. 400, §2, eff. June 19, 2019.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:288.4. Extended foster care voluntary placement agreement

RS 46:288.4 - Extended foster care voluntary placement agreement
A. If a youth chooses to participate in extended foster care services and meets the eligibility criteria set forth in R.S. 46:288.3(A), the department and the youth shall sign an extended foster care voluntary placement agreement that shall include, at a minimum, the following:
(1) The obligation for the youth to continue to meet the conditions for eligibility set forth in R.S. 46:288.3(A) for the duration of the voluntary extended foster care agreement.
(2) Any obligation considered necessary by the department for the youth to continue to receive extended foster care services if the youth is eligible for those services.
(3) Any obligation considered necessary by the department to facilitate the youth's continued success in the program.
(4) Termination of an extended foster care voluntary placement agreement and program participation as set forth in R.S. 46:288.8.
(5) The voluntary nature of the youth's participation in receiving extended foster care services.
(6) The opportunity for a fair hearing if the youth believes that he has been denied extended foster care services or that his request has not been acted upon with reasonable promptness.
B. Once the department determines that a youth is eligible and the youth signs the extended foster care voluntary placement agreement, the department may provide extended foster care services to the youth in accordance with this Subpart.
C. Acceptance of these benefits and services shall in no way deprive the youth in foster care of any rights or obligations conferred by attaining the age of majority.
Acts 2019, No. 400, §2, eff. June 19, 2019.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:288.5. Written court report; filing

RS 46:288.5 - Written court report; filing
Within one hundred fifty days after the extended foster care voluntary placement agreement is signed, the department shall file with the court a written report that shall contain all of the following:
(1) The youth's name, date of birth, race, gender, and current address.
(2) A statement of facts that support the extended foster care voluntary placement agreement and includes both of the following:
(a) The reasonable efforts made to achieve the permanency goal of independence for the youth.
(b) The reasons why it remains in the youth's best interests to continue in extended foster care in a voluntary placement.
(3) A copy of the signed extended foster care voluntary placement agreement.
(4) Any other information the department or the youth wants the court to consider.
Acts 2019, No. 400, §2, eff. June 19, 2019.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:288.6. Jurisdiction; findings; closure of court case

RS 46:288.6 - Jurisdiction; findings; closure of court case
A. The court has jurisdiction to review the written report and make a determination whether it is in the youth's best interest to continue in extended foster care in a voluntary placement.
B. Upon filing of the written report set forth in R.S. 46:288.5, the court shall open an extended foster care case for the purpose of determining whether continuing in extended foster care in a voluntary placement is in the youth's best interest. The court shall make a determination no later than twenty-one days after the date the report was filed.
C. Following the court's determination of whether continuing in extended foster care in a voluntary placement is in the youth's best interest, the court shall close the extended foster care case and the department shall provide extended foster care services to the youth in accordance with this Subpart.
Acts 2019, No. 400, §2, eff. June 19, 2019.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:288.7. Internal administrative reviews

RS 46:288.7 - Internal administrative reviews
The department shall conduct internal administrative reviews not less than once every one hundred eighty days to determine the status of the following:
(1) The youth's safety.
(2) Continuing necessity and appropriateness of placement.
(3) Extent of compliance with the case plan.
(4) Projected date when the youth may no longer require extended foster care services.
Acts 2019, No. 400, §2, eff. June 19, 2019.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:288.8. Termination

RS 46:288.8 - Termination
A. A youth may choose to terminate the extended foster care voluntary placement agreement and stop receiving extended foster care services at any time.
B. If, at any time, the department determines that the youth is not in compliance with the extended foster care voluntary placement agreement or any program requirements, the department may terminate the extended foster care voluntary placement agreement with the youth and stop providing extended foster care services to the youth. The department shall provide written or electronic notice to the youth regarding termination of the extended foster care voluntary placement agreement and the youth's participation in the program.
Acts 2019, No. 400, §2, eff. June 19, 2019.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:288.9. Extension of subsidy

RS 46:288.9 - Extension of subsidy
Notwithstanding any other provision of law, the department may extend an adoption or guardianship subsidy to the adoptive parent or guardian with whom the department established a subsidy arrangement for a youth who initially was adopted from or entered guardianship from foster care and began receiving the adoption or guardianship subsidy after age sixteen, but prior to age eighteen, if the adoptive parents or guardians remain financially responsible for the youth and the youth meets the same criteria for eligibility set forth in R.S. 46:288.3 to participate in the state's extended foster care program.
Acts 2019, No. 400, §2, eff. June 19, 2019.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:288.10. Rulemaking

RS 46:288.10 - Rulemaking
The department shall promulgate and enforce any rules and regulations as are necessary to implement the provisions of this Subpart in accordance with the Administrative Procedure Act.
Acts 2019, No. 400, §2, eff. June 19, 2019.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:311. Legislative findings; purpose

RS 46:311 - Legislative findings; purpose
A. The legislature hereby finds the following:
(1) The Supplemental Nutrition Assistance Program, referred to in this Subpart as "SNAP", is the major food assistance program of this state.
(2) SNAP provides support to needy households and to persons making the transition from welfare to work.
(3) It is the policy of this state to operate SNAP in a manner that maximizes administrative efficiency in delivery of food assistance to eligible children and families.
B. The legislature hereby declares that the purpose of this Subpart is to further this state's policy of fiscal soundness and efficiency in administration of public benefits programs by establishing a task force to study and make recommendations concerning policies, procedures, and technical processes relative to electronic disbursement of SNAP benefits by the Department of Children and Family Services.
Acts 2014, No. 533, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:312. Task force on SNAP electronic benefits issuance; membership; purpose

RS 46:312 - Task force on SNAP electronic benefits issuance; membership; purpose
[Effective Date: Terminated on March 1, 2015.]
A. There is hereby created within the Department of Children and Family Services a task force on SNAP electronic benefits issuance, referred to in this Section as the "task force".
B. The task force shall be composed of the following twelve members:
(1) Two members appointed by the commissioner of administration, at least one of whom shall be an employee in the office of information technology.
(2) Two members appointed by the secretary of the Department of Children and Family Services, at least one of whom shall be an employee in the division of programs of the department.
(3) The executive director of the Louisiana Retailers Association or his designee.
(4) The president of the Louisiana Association of Business and Industry or his designee.
(5) The vice president of public affairs of the National Grocers Association or his designee.
(6) One member of the House of Representatives appointed by the speaker of the House of Representatives.
(7) One member of the Senate appointed by the president of the Senate.
(8) One member representing the Louisiana State University Agricultural Center appointed by the vice president for agriculture.
(9) One member representing the Southern University Agricultural Center appointed by the chancellor of the center.
(10) The executive director of the Louisiana Food Bank Association or his designee.
C. At the first meeting, the members of the task force shall select one member to serve as chairman.
D. The purposes of the task force shall include the following:
(1) To study on an ongoing basis the policies, procedures, and technical processes by which the Department of Children and Family Services disburses SNAP benefits electronically.
(2) To consider the impacts on Louisiana families and businesses of prospective policy changes relative to the disbursement schedule for SNAP benefits.
(3) To keep abreast of changes in federal laws and regulations which relate in any manner to electronic issuance of public benefits.
(4) To make recommendations to the secretary of the Department of Children and Family Services, on a schedule determined by the chairman, concerning innovations in electronic benefits issuance policies and systems.
E. The task force shall convene on or before September 1, 2014. The secretary of the Department of Children and Family Services shall call the first meeting.
Acts 2014, No. 533, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:321. Findings

RS 46:321 - Findings
The legislature hereby finds and declares the following:
(1) It is the policy of the state to encourage self-sufficiency so that Louisianians may reduce dependence on public benefits to meet basic needs and become economically self-reliant.
(2) The Supplemental Nutrition Assistance Program, formerly known as "food stamps" and referred to hereafter as "SNAP", provides crucial support to needy households and to persons making the transition from welfare to work.
(3) Pursuant to the federal Food Security Act of 1985, states are required to provide employment and job training services to SNAP recipients who are not exempt from the mandatory work registration requirements of the program.
(4) Federal regulations (7 CFR 273.24) limit the duration of receipt of SNAP benefits by nonworking, able-bodied adults without dependents who do not qualify for certain exemptions to a total of three months in any three-year period. However, states may submit to the federal government applications, commonly known as "waivers", to have this three-month limit waived. If approved, such waivers allow able-bodied, nonworking, nonexempt adults to receive SNAP benefits for an unlimited duration provided that those persons meet other eligibility standards of the program. Nationally, waivers of this type have become the standard in SNAP rather than the exception, as forty states and territories, including Louisiana, had a statewide or territory-wide waiver in effect and six other states and territories had a partial-state or partial-territory waiver in effect as of January 1, 2014.
(5) When coordinated and delivered in an effective manner, workforce training services for public assistance recipients can be of great value to persons who desire to become self-sufficient and to businesses that strive for greater competitiveness through employing an improved workforce.
Acts 2014, No. 622, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:322. Definitions

RS 46:322 - Definitions
As used in this Subpart, the following terms have the meaning ascribed to them in this Section:
(1) "ABAWD" means an able-bodied adult without a dependent who receives SNAP benefits.
(2) "Department" means the Department of Children and Family Services.
(3) "FNS" means the Food and Nutrition Service of the United States Department of Agriculture, the office of the federal government that administers SNAP.
(4) "Participant" means a recipient of SNAP benefits who participates in the pilot initiative provided for in this Subpart.
(5) "Pilot initiative" means the workforce training and education pilot initiative provided for in this Subpart.
(6) "SNAP" means the Supplemental Nutrition Assistance Program administered at the federal level by the Food and Nutrition Service of the United States Department of Agriculture and at the state level by the Louisiana Department of Children and Family Services.
Acts 2014, No. 622, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:323. Goals

RS 46:323 - Goals
The goals of the pilot initiative shall include, without limitation, the following:
(1) To provide incentives that are demonstrably effective in helping SNAP beneficiaries achieve financial self-sufficiency.
(2) To connect employers to job candidates who possess requisite skills such that workforce needs, especially in demand occupations, are readily met.
(3) To provide support to SNAP recipients who choose to further their education.
(4) To yield a model for incentivizing training and education for public assistance recipients that can be replicated throughout the state.
Acts 2014, No. 622, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:325. Duties of participants

RS 46:325 - Duties of participants
Each participant in the pilot initiative shall do all of the following:
(1) At the time of redetermination of eligibility for SNAP benefits, provide to the department all requested documentation of participation in a workforce training or education program.
(2) Comply with all other requirements for receipt of SNAP benefits as set forth by the department.
Acts 2014, No. 622, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:327. Notification to legislative committees; reporting

RS 46:327 - Notification to legislative committees; reporting
A. After receiving federal approval as provided in R.S. 46:328 and before commencement of the pilot initiative, the department shall transmit to the members of the House Committee on Health and Welfare and to the members of the Senate Committee on Health and Welfare a written notice that addresses the purpose and function of the pilot initiative and indicates the commencement date of the initiative. The department may transmit the notice required by this Subsection via electronic mail.
B. No later than twelve months after commencement of the pilot initiative, and at least annually thereafter, the department shall submit a written report providing a summary and evaluation of outcomes of the pilot initiative to the House Committee on Health and Welfare and the Senate Committee on Health and Welfare. The department may include the report with its submission of any other report pertaining to SNAP, including without limitation any report required by Subpart E-2 of this Part.
Acts 2014, No. 622, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:328. Effectiveness contingent upon federal approval; termination

RS 46:328 - Effectiveness contingent upon federal approval; termination
A. Implementation of the pilot initiative shall be contingent upon approval by FNS.
B.(1) Subject to legislative oversight as provided in the Administrative Procedure Act, R.S. 49:950 et seq., the department may terminate the pilot initiative by emergency rule if the secretary of the department determines that workforce participation outcomes or educational attainment have not improved to a satisfactory degree as a result of the initiative.
(2) The secretary of the department is hereby authorized and directed to collaborate with the secretary of the Louisiana Workforce Commission in workforce participation outcomes evaluation prior to issuing any emergency rule to terminate the pilot initiative.
Acts 2014, No. 622, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:351. Declaration

RS 46:351 - Declaration
A. It is the policy of this state to encourage self-sufficiency so that residents of Louisiana may reduce dependence on public benefits to meet basic needs and become economically self-reliant, and to provide key supports to residents to help them in achieving their workforce participation goals.
B. In order to promote inclusive leadership, ensure equal access to professional growth opportunities, and achieve the goals and objectives of the initiative established by Act No. 271 of the 2018 Regular Session of the Legislature, it is imperative to encourage participation by the public in the design of the program and to implement the program in collaboration with an advisory board comprising a diverse membership.
Acts 2018, No. 271, §1; Acts 2022, No. 506, §1, eff. June 16, 2022.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:352. Definitions

RS 46:352 - Definitions
As used in this Part, the following definitions apply:
(1) "Public assistance" means any of the following:
(a) Cash benefits of the Family Independence Temporary Assistance Program administered by the Department of Children and Family Services.
(b) Nutrition assistance benefits of the Supplemental Nutrition Assistance Program administered by the Department of Children and Family Services.
(c) Medical assistance pursuant to Title XIX of the Social Security Act through the program commonly known as Medicaid administered by the Louisiana Department of Health.
(d) Child care assistance through the Child Care Assistance Program administered by the Louisiana Department of Education.
(2) "State partners" means the following state entities, collectively:
(a) The Louisiana Workforce Commission.
(b) The Department of Children and Family Services.
(c) The Louisiana Department of Health.
(d) The Louisiana Department of Education.
(e) The Louisiana Community and Technical College System.
Acts 2018, No. 271, §1; Acts 2022, No. 506, §1, eff. June 16, 2022.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:354. Administration; interagency agreements; participant forms; program promotion

RS 46:354 - Administration; interagency agreements; participant forms; program promotion
A. The state partners shall enter into any memoranda of understanding, cooperative endeavors, or other types of agreements between and among the partners and with the local human service districts and authorities necessary to administer the initiative.
B.(1) The state partners shall promulgate and issue any forms necessary to inform prospective participants of the initiative's purpose and functions, and use of the 2-1-1 referral system to obtain participants' consent to participate in the initiative.
(2) Unless prohibited by federal law or regulation, each state partner shall share with the other state partners, on a schedule to be mutually determined by the state partners, the names and contact information of persons who have provided consent to participate in the initiative.
C. The state partners and the advisory board shall collaborate to promote the initiative among the clients of the state partners, business groups and organizations, community-based groups and organizations, faith-based groups and organizations, and the public generally. The state partners and advisory board may work with the local human service districts and authorities to promote the initiative throughout the area of service.
Acts 2018, No. 271, §1; Acts 2022, No. 506, §1, eff. June 16, 2022.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:355. Reporting

RS 46:355 - Reporting
No later than twelve months after commencement of the initiative, and at least annually thereafter, the state partners, jointly, shall submit a written report providing a summary and evaluation of outcomes of the initiative to the advisory board, the House and Senate committees on labor and industrial relations, and the House and Senate committees on health and welfare.
Acts 2018, No. 271, §1; Acts 2022, No. 506, §1, eff. June 16, 2022.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:356. Rulemaking

RS 46:356 - Rulemaking
The secretary of the Louisiana Workforce Commission, the secretary of the Department of Children and Family Services, the secretary of the Louisiana Department of Health, the state superintendent of education, and the president of the Louisiana Community and Technical College System shall promulgate all rules in accordance with the Administrative Procedure Act necessary to implement the provisions of this Part.
Acts 2018, No. 271, §1; Acts 2022, No. 506, §1, eff. June 16, 2022.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:401. Reciprocal agreements regarding interstate transportation of poor and indigent

RS 46:401 - Reciprocal agreements regarding interstate transportation of poor and indigent
The Department of Children and Family Services, subject to the approval of the attorney general, may enter into reciprocal agreements with corresponding state agencies of other states regarding the interstate transportation of poor and indigent persons, and may arrange with the proper officials in this state for the acceptance, transfer, and support of persons receiving public aid in other states in accordance with the terms of the reciprocal agreements; provided that this state shall not, nor shall any parish or other political subdivision of this state, be committed to the support of persons who are not, in the opinion of the department, entitled to public support by the laws of this state.
Amended by Acts 1978, No. 786, §6, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:421. §§421, 422 Repealed by Acts 1978, No. 786, §7, eff. July 17, 1978

RS 46:421 - §§421, 422 Repealed by Acts 1978, No. 786, §7, eff. July 17, 1978
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:431. Curator for receipt and administration of welfare benefits

RS 46:431 - Curator for receipt and administration of welfare benefits
Any mentally incompetent person who is entitled to public assistance or who has the right to apply for public assistance but cannot make application because of his incompetency and who does not have a duly appointed and qualified legal representative, may have a curator appointed for him solely for the purpose of representing his interest in qualifying for, receiving and administering welfare benefits. The appointment shall be made by any court of competent jurisdiction, subject to the proceedings hereinafter outlined.
Added by Acts 1950, No. 166, §1. Amended by Acts 1956, No. 177, §1; Acts 1960, No. 60, §1; Acts 1961, No. 15, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:432. Necessity for appointment; procedure

RS 46:432 - Necessity for appointment; procedure
The necessity for the appointment of a curator shall be initiated by any relative or other interested person by petition. Upon filing of such petition, the court shall order the incompetent person to show cause in not less than 10 days nor more than 15 days why the application should not be granted. The incompetent person shall be duly cited and be served with a copy of the petition and order. At the hearing the court shall require whatever proof it deems necessary or desirable; and the incompetent person shall have the right of counsel. If the incompetent person does not have sufficient resources to supply counsel, the court, if it deems it necessary or desirable, may appoint special counsel and the person so appointed shall be entitled to a fee of $10.00 in an uncontested case and $25.00 in a contested case, the fee to be taxed as costs against the person initiating the proceedings. All proceedings, at the discretion of the court, may be conducted in private chambers. The judgment or order naming a curator for an incompetent person hereunder shall not constitute an interdiction.
Added by Acts 1950, No. 166, §1. Amended by Acts 1956, No. 177, §1; Acts 1960, No. 61, §1; Acts 1961, No. 15, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:433. Bond; account; oath and letters

RS 46:433 - Bond; account; oath and letters
A. The curator shall be accountable at whatever intervals are specified by the court and the court shall have the right to require a bond or whatever other security is deemed necessary by the court to ensure the faithful performance of the curator's duties; the curator, upon being appointed, shall take an oath; and letters of authority may be issued to him.
B. Failure by the curator to render an account satisfactory to the court shall be sufficient cause for the curator's dismissal and the appointment of another curator.
Added by Acts 1950, No. 166, §1. Amended by Acts 1956, No. 177, §1; Acts 1960, No. 61, §1; Acts 1961, No. 15, §1; Acts 2018, No. 206, §5.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:434. Final discharge of curator

RS 46:434 - Final discharge of curator
The curator shall be discharged from his duties upon (a) the interdiction of the incompetent person under existing law; (b) proper proof to the court that the incompetent person has become sufficiently competent to administer his welfare benefits; or (c) the signing of an order by the court that made the original appointment, upon its own motion, or otherwise, terminating the appointment of the curator for any other reason.
Upon being discharged, the curator shall render a full and final accounting to the court of his administration; and upon so doing, the curator shall be relieved from any further responsibility and his bond shall be cancelled and whatever other security may have been given shall be released.
Added by Acts 1950, No. 166, §1. Amended by Acts 1956, No. 177, §1; Acts 1960, No. 61, §1; Acts 1961, No. 15, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:435. Costs

RS 46:435 - Costs
The entire cost of the proceedings herein authorized shall not exceed (a) in uncontested cases the sum of $10.00, exclusive of the fee of the special counsel who may be appointed and of the court reporter; (b) and in contested cases shall not exceed $10.00, exclusive of the fee of the special counsel who may be appointed and of the court reporter.
Added by Acts 1950, No. 166, §1. Amended by Acts 1956, No. 177, §1; Acts 1960, No. 61, §1; Acts 1961, No. 15 §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:437.2. Legislative intent and purpose

RS 46:437.2 - Legislative intent and purpose
A. This Part is enacted to combat and prevent fraud and abuse committed by some health care providers participating in the medical assistance programs and by other persons and to negate the adverse effects such activities have on fiscal and programmatic integrity.
B. The legislature intends the secretary of the Louisiana Department of Health, the attorney general, and private citizens of Louisiana to be agents of this state with the ability, authority, and resources to pursue civil monetary penalties, liquidated damages, or other remedies to protect the fiscal and programmatic integrity of the medical assistance programs from health care providers and other persons who engage in fraud, misrepresentation, abuse, or other ill practices, as set forth in this Part, to obtain payments to which these health care providers or persons are not entitled.
Acts 1997, No. 1373, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:437.4. Claims review and administrative sanctions

RS 46:437.4 - Claims review and administrative sanctions
A.(1) Pursuant to rules and regulations promulgated in accordance with the Administrative Procedure Act, the secretary shall establish a process to review a claim made by a health care provider to determine if the claim should be or should have been paid as required by federal or state law or by rule.
(2) Claims review may occur prior to or after payment is made to a health care provider.
(3) The secretary may withhold payment to a health care provider during claims review if necessary to protect the fiscal integrity of the medical assistance programs.
(4) The administrative rules promulgated by the department to implement the claim review process established pursuant to this Subsection shall provide for procedures to ensure that providers receive or retain the appropriate reimbursement amount for claims in which the department determines that services delivered have been improperly billed but were reasonable and necessary.
B. The secretary may establish various types of administrative sanctions pursuant to rules and regulations promulgated in accordance with the Administrative Procedure Act which may be imposed on a health care provider or other person who violates any provision of this Part or any other applicable federal or state law or rule related to the medical assistance programs.
C.(1) The department shall conduct a hearing in compliance with the Administrative Procedure Act at the request of a person who wishes to contest an administrative sanction imposed on him by the secretary.
(2) A party aggrieved of an order may seek judicial review only in the Nineteenth Judicial District Court for the parish of East Baton Rouge.
(3) Judicial review of the order shall be conducted in compliance with the Administrative Procedure Act.
D. All state rules and regulations issued on or before August 15, 1997, shall be deemed to have been issued in compliance with and under the authority of this Section.
Acts 1997, No. 1373, §1; Acts 2016, No. 467, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:437.5. Settlement

RS 46:437.5 - Settlement
A. The secretary or the attorney general may agree to settle a matter for which recovery may be sought on behalf of the medical assistance programs or for a violation of this Part. The terms of the settlement shall be reduced to writing and signed by the parties to the agreement. The terms of the settlement shall be public record.
B. At a minimum, the settlement shall ensure that the recovery agreed to by the parties covers the estimated loss sustained by the medical assistance programs. The settlement shall include the method and means of payment for recovery, including but not limited to adequate security for the full amount of the settlement.
Acts 1997, No. 1373, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:437.6. Injunctive relief; lis pendens; disclosure of property and liabilities

RS 46:437.6 - Injunctive relief; lis pendens; disclosure of property and liabilities
A.(1) Concurrently with a withholding of payment, a sanction being imposed, or the institution of a criminal, civil, or departmental proceeding against a health care provider or other person, the secretary or the attorney general may bring an action for a temporary restraining order or injunction under Code of Civil Procedure Articles 3601 through 3613 to prevent a health care provider or other person from whom recovery may be sought from transferring property or to protect the business.
(2) To obtain such relief, the secretary or the attorney general shall demonstrate all necessary requirements for the relief to be granted.
(3) If an injunction is granted, the court may appoint a receiver to protect the property and business of the health care provider or other person from whom recovery may be sought. The court shall assess the cost of the receiver to the nonprevailing party.
B. Pursuant to Code of Civil Procedure Articles 3751 through 3753, the secretary or the attorney general may place a notice of pendency of action, lis pendens, on the property of a health care provider or other person during the pendency of a criminal, civil, or departmental proceeding.
C. When requested by the court, the secretary, or the attorney general, a health care provider or other person from whom recovery may be sought shall have an affirmative duty to fully disclose all property and liabilities to the requester.
Acts 1997, No. 1373, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:437.7. Forfeiture of property for payment of recovery

RS 46:437.7 - Forfeiture of property for payment of recovery
A. In accordance with the provisions of Subsection B of this Section, the court may order the forfeiture of property to satisfy recovery under the following circumstances:
(1) The court may order the health care provider or other person from whom recovery is due to forfeit property which constitutes or was derived directly or indirectly from gross proceeds traceable to the violation which forms the basis for the recovery.
(2) If the secretary or the attorney general shows that property was transferred to a third party to avoid paying of recovery, or in an attempt to protect the property from forfeiture, the court may order the third party to forfeit the transferred property.
B. Prior to the forfeiture of property, a contradictory hearing shall be held during which the secretary or the attorney general shall prove, by clear and convincing evidence, that the property in question is subject to forfeiture pursuant to Subsection A of this Section. No such contradictory hearing shall be required if the owner of the property in question agrees to the forfeiture.
C. If property is transferred to another person within six months prior to the occurrence or after the occurrence of the violation for which recovery is due or within six months prior to or after the institution of a criminal, civil, or departmental investigation or proceeding, it shall be prima facie evidence that the transfer was to avoid paying recovery or was an attempt to protect the property from forfeiture.
D. The health care provider or other person from whom recovery is due shall have an affirmative duty to fully disclose all property and liabilities, and all transfers of property which meet the criteria of Subsection C of this Section, to the court, the secretary and the attorney general.
Acts 1997, No. 1373, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:437.8. Venue

RS 46:437.8 - Venue
An action instituted pursuant to R.S. 46:437.6 or 437.7 may be brought in any of the following courts:
(1) The Nineteenth Judicial District Court for the parish of East Baton Rouge.
(2) A district court in the parish in which a health care provider or other person from whom recovery may be sought has its principal place of business or is domiciled.
Acts 1997, No. 1373, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:437.9. Privilege; nondischargeability

RS 46:437.9 - Privilege; nondischargeability
A. Recovery shall be granted a privilege under state law as to all property owned by the health care provider or other person from whom recovery is due and shall be effective as to third parties only if notice of pendency, lis pendens, is placed on the property , if recorded and reinscribed in accordance with Civil Code Articles 3320 through 3327, or if the conditions of Subsection C of this Section are applicable.
B. As to the property owned by the health provider, the privilege provided in Subsection A of this Section shall rank ahead of any other privilege, mortgage, or secured interest possessed by the health care provider, his agent, or his managing employee except the first mortgage executed upon the property.
C. If property is transferred to a third party to avoid paying of recovery, or in an attempt to protect the property from forfeiture, the privilege provided in Subsection A of this Section shall rank ahead of any other privilege, mortgage, or secured interest on the transferred property obtained or possessed by the person who obtains an ownership interest in the transferred property.
D. Recovery for a violation of R.S. 46:438.2 or R.S. 46:438.3 shall be considered a nondischargeable liability under the provisions of Title 11, U.S.C. Chapters 7, 11, and 13.
Acts 1997, No. 1373, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:437.10. Continuing liability; assumption of liability

RS 46:437.10 - Continuing liability; assumption of liability
A. A health care provider or person from whom recovery is due shall remain liable for the recovery regardless of any sale, merger, consolidation, dissolution, or other disposition of the health care provider or person, provided the obligation is recorded and reinscribed in accordance with Civil Code Articles 3320 through 3337.
B. Any person who obtains an ownership interest, whether by sale, merger, consolidation, or other disposition, in a health care provider or other person from whom recovery is due shall assume the liability and be responsible for paying the amount of any outstanding recovery. Such person shall remain liable, provided the obligation is recorded and reinscribed in accordance with Civil Code Articles 3320 through 3337.
Acts 1997, No. 1373, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:437.11. Provider agreements

RS 46:437.11 - Provider agreements
A. The department shall make payments from medical assistance programs funds for goods, services, or supplies rendered to recipients to any person who has a provider agreement in effect with the department, who is complying with all federal and state laws and rules pertaining to the medical assistance programs, and who agrees that no person shall be subjected to discrimination under the medical assistance programs because of race, creed, ethnic origin, sex, age, or physical condition.
B. Each provider agreement shall require the health care provider to comply fully with all federal and state laws and rules pertaining to the medical assistance programs, to licensure, if required, and the practice of medicine, osteopathy, surgery, and midwifery. The provider agreement shall require the health care provider to provide goods, services, or supplies only if medically necessary and that are within the scope and quality of standard care.
C. Each provider agreement shall be a voluntary contract between the department and the health care provider in which the health care provider agrees to comply with federal and state laws and rules pertaining to the medical assistance programs when furnishing goods, services, or supplies to a recipient and the department agrees to pay a sum, determined by fee schedule, payment methodology, or other method, for the goods, services, or supplies provided to the recipient. However, a provider agreement shall not be construed to be a contract for the purposes of R.S. 42:1113(D).
D.(1) Unless the provider agreement is terminated by the secretary for cause as provided in Paragraph (2) of this Subsection, a health care provider agreement shall be effective for a stipulated period of time, shall be terminable by either party thirty days after receipt of written notice, and shall be renewable by mutual agreement.
(2) The secretary may terminate a provider agreement immediately and without written notice if a health care provider is the subject of a sanction or of a criminal, civil, or departmental proceeding.
E. Each health care provider who has a provider agreement with the department shall receive at least one provider number but may receive more than one provider number.
Acts 1997, No. 1142, §2.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:438.1. Civil actions authorized

RS 46:438.1 - Civil actions authorized
A. The secretary or the attorney general may institute a civil action in the courts of this state to seek recovery from persons who violate the provisions of this Part. The contract of employment of any private counsel, including fee amounts, and all final fees and costs, shall be a public record.
B. An action to recover costs, expenses, fees, and attorney fees shall be ancillary to, and shall be brought and heard in the same court as, the civil action brought under the provision of Subsection A of this Section.
C.(1) A prevailing defendant may seek recovery for costs, expenses, fees, and attorney fees only if the court finds, following a contradictory hearing, that either of the following apply:
(a) The action was instituted by the secretary or attorney general pursuant to Subsection A of this Section after it should have been determined by the secretary or attorney general to be frivolous, vexatious, or brought primarily for the purpose of harassment.
(b) The secretary or attorney general proceeded with the action instituted pursuant to Subsection A of this Section after it should have been determined by the secretary or attorney general that proceeding would be frivolous, vexatious, or for the purpose of harassment.
(2) Recovery awarded to a prevailing defendant shall be awarded only for those reasonable, necessary, and proper costs, expenses, fees, and attorney fees actually incurred by the prevailing defendant.
D. An action to recover costs, expenses, fees, and attorney fees may be brought no later than sixty days after the rendering of judgment by the district court, unless the district court decision is appealed. If the district court decision is appealed, such action may be brought no later than sixty days after the rendering of the final opinion on appeal by the court of appeal or, if applicable, by the supreme court.
Acts 1997, No. 1373, §1; Acts 2014, No. 711, §1.