reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 9 - Veterans' Affairs › Subchapter B - State Educational Aid Program › Section VII-925 - Appeals

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any applicant
				  for educational benefits who was not issued a tuition exemption certificate may
				  request an appeal of the department's decision by filing a written request for
				  review of the decision by the secretary of the Department of Veterans Affairs
				  or his designee.
B. Written
				  requests for appeal must be filed with a veterans assistance counselor within
				  30 days from the notice of denial and must contain the name and mailing address
				  of the applicant, the name and Louisiana residence address of the deceased
				  service member or veteran, a clear statement of the reasons for the appeal, and
				  any documents supporting the reasons for appeal.
C. A written decision will be issued by the
				  secretary or his designee. This decision shall be the final administrative
				  review.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 29:288.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 9 - Veterans' Affairs › Subchapter C - Veterans' Homes › Section VII-937 - Admission Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. For
				  admission to a state-run veterans home, a veteran deemed eligible under Title
				  38 of the U.S. Code, spouse of a veteran, or gold-star parent must be a
				  resident of Louisiana. State residence is not mandatory if applicant is
				  referred from an in-state United States Department of Veterans Affairs Medical
				  Center, or by a Louisiana Department of Veterans Affairs veterans assistance
				  counselor. The veteran must be recommended by the home administrator and
				  approved for admission.
B. The
				  veteran must have served on active military duty 90 days or more, or if less
				  than 90 days, discharged due to a disability incurred in the line of duty and
				  must be in receipt of a discharge under honorable conditions for his/her latest
				  period of active military service.
C. The applicant must undergo a medical
				  examination prior to admission and, as a result, it must be confirmed that
				  he/she does not have a communicable disease, does not require medical or
				  hospital care for which the home is not equipped to provide, and does not have
				  violent traits which may prove dangerous to the physical well-being of the
				  other residents or employees.
D.
				  The applicant must consent to abide by all rules and regulations governing the
				  home and to follow the course of treatment as prescribed by the home's medical
				  staff.
E. The applicant, or party
				  responsible for his/her financial matters, must agree to pay the full resident
				  care and maintenance fee. The administrator, with authorization from the
				  secretary, may waive or defer any charge that exceeds the applicant's
				  income.
F. An applicant for
				  admission to the veteran home must disclose all pending criminal charges and
				  all past felony convictions. The facility may consider the applicant's criminal
				  background as part of its determination of whether to admit the applicant. An
				  applicant who is required to register as a sex offender shall not be eligible
				  for admission into the home.
G. A
				  spouse is no longer eligible for admission if divorced from the veteran. A
				  widow or widower is eligible for admission unless or until they remarry someone
				  who is not a veteran.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 29:254.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 9 - Veterans' Affairs › Subchapter C - Veterans' Homes › Section VII-939 - Care and Maintenance Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. Care
				  and maintenance fees will be based on total family income. This includes income
				  from all sources (including but not limited to Social Security, United States
				  Department of Veterans Affairs pension/compensation, private pension, account
				  balances and interest from bank accounts or savings accounts, and/or interest
				  bearing accounts/investments).
B.
				  In no case will the fee charged to the resident be more than the actual cost of
				  care, as determined by the secretary.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 29:384,
					 R.S.
					 29:254.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 9 - Veterans' Affairs › Subchapter C - Veterans' Homes › Section VII-941 - Domiciliary Resident Fees (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 29:261,
					 R.S.
					 29:384.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 9 - Veterans' Affairs › Subchapter C - Veterans' Homes › Section VII-943 - Nursing Care Resident Fee

Current through Register Vol. 50, No. 6, June 20, 2024
A. Patients
				  will be allowed to retain the first $90 per month for personal spending and
				  appropriate deduction(s) for any legal dependent(s). All remaining income must
				  be applied to the care and maintenance fee until maximum care cost is
				  reached.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 29:261,
					 R.S.
					 29:384.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 9 - Veterans' Affairs › Subchapter C - Veterans' Homes › Section VII-945 - Mandatory Election for Benefits

Current through Register Vol. 50, No. 6, June 20, 2024
A. Residents must apply for all monetary
				  benefits to which they may be entitled from both the state and federal
				  government. Any increase, as a result thereof, must be applied to care and
				  maintenance fees until maximum cost of care is reached.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 29:261,
					 R.S.
					 29:384.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 9 - Veterans' Affairs › Subchapter C - Veterans' Homes › Section VII-947 - Fee Payable in Advance after Admission

Current through Register Vol. 50, No. 6, June 20, 2024
A. Care and maintenance fees are payable one
				  month in advance. These fees are due before the tenth of each month. A portion
				  of a month will be prorated according to the number of days stay. Residents
				  will not be charged care and maintenance fees for periods of hospital
				  confinement in excess of 10 days unless they desire that a bed be held until
				  they return. For periods of leave from the home, care and maintenance fees are
				  payable as arranged with the home administrator or his designee. Residents who
				  are unable to pay charges in advance will be allowed to prorate the advance
				  month fee over a 12-month period, until the month of entry fee is
				  current.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 29:254,
					 R.S.
					 29:384.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 9 - Veterans' Affairs › Subchapter C - Veterans' Homes › Section VII-949 - Fees Adjusted

Current through Register Vol. 50, No. 6, June 20, 2024
A. Care and
				  maintenance fees will be adjusted when it has been established that there is a
				  change in the veteran's total family income. The home reserves the right to
				  obtain updated income information from the resident or his/her responsible
				  party (signed authority at admission by patient, and/or responsible party, or
				  any other source). The home also reserves the right to establish retroactive
				  charges effective to the date a change of income occurs.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 29:261,
					 R.S.
					 29:384.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 9 - Veterans' Affairs › Subchapter C - Veterans' Homes › Section VII-951 - Additional Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition to
				  the regular care and maintenance fees collected, if less than the maximum
				  monthly amount, and the patient has an accumulation of funds, either through
				  additional recurring income or through one or more deposits into bank or
				  savings accounts, in excess of $500, if single, and $7,500, if married, the
				  patient resident will be assessed an amount that would bring his care and
				  maintenance fees up to the maximum allowable per month until their funds are
				  reduced to the above stated balance.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 29:261,
					 R.S.
					 29:384.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 9 - Veterans' Affairs › Subchapter C - Veterans' Homes › Section VII-953 - Home Administrator Authority When Incorrect Income Given

Current through Register Vol. 50, No. 6, June 20, 2024
A. The home
				  administrator, when provided incorrect total family income information, will
				  avail himself of all state laws to recoup all monies that should be made
				  available to the home for care and maintenance fees, retroactive to the time
				  that these monies became available for the residents use while he/she was
				  residing at a Louisiana state veterans' home.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 29:261,
					 R.S.
					 29:384.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 9 - Veterans' Affairs › Subchapter C - Veterans' Homes › Section VII-955 - Unusual Financial Circumstances

Current through Register Vol. 50, No. 6, June 20, 2024
A. All residents at a veterans home who feel
				  they have unusual financial circumstances/hardships can request relief and
				  consideration of a waiver or deferment of care and maintenance fees. Residents
				  may apply for this consideration through the home administrator. All requests
				  must include documentation demonstrating the financial circumstance or hardship
				  claimed. The home administrator will forward the request, with an appropriate
				  recommendation, to the secretary for approval or disapproval.
B. All waivers or deferments that are in
				  force will be re-evaluated annually on anniversary month. The home
				  administrator will make a report of re-evaluation, with recommendations on each
				  case, to the secretary for further consideration.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 29:254.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 9 - Veterans' Affairs › Subchapter D - Military Family Assistance Program Fund › Section VII-961 - Authority (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 46:121 et
					 seq.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 9 - Veterans' Affairs › Subchapter D - Military Family Assistance Program Fund › Section VII-963 - Construction of Regulations; Severability (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 46:121 et
					 seq.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 9 - Veterans' Affairs › Subchapter D - Military Family Assistance Program Fund › Section VII-965 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Application
-a written request for
					 financial assistance from the Military Family Assistance Fund made on the form
					 captioned Military Family Assistance Fund Application, together with documents
					 related thereto.
Approval Authority
-the third party
					 administrator for all need-based claims of $1500 or less; the fund committee
					 for all need-based claims of greater than $1500 up to $2500; and the board for
					 all need-based claims of greater than $2500. The fund committee and the board
					 are the approval authority for all claims for one-time lump sum payments and
					 all claims appealed by an eligible applicant.
Board
-the Louisiana Military Family
					 Assistance Board.
Claimant
-an eligible applicant.
Eligible Applicant
-activated military
					 person, honorably discharged military person, or a family member of activated
					 military person as defined in
					 R.S.
					 46:121.
Family Member of Activated Military
					 Personnel
-the primary next of kin or an immediate family
					 member.
Final Appeal
-an appeal to the Louisiana
					 Military Family Assistance Board.
Fund Committee
-the committee comprised of
					 three board members appointed by the chairman of the board to assist in
					 administering the Louisiana Military Family Assistance Fund which committee
					 shall also serve as an appellate body for all claims of $1500 or less before a
					 final appeal is made to the full board.
Immediate Family Member
-with respect to an
					 activated military person:
1.
				  spouse;
2. a natural child, adopted
				  child, step child, or illegitimate child, if acknowledged by the person or
				  parenthood has been established by a court of competent jurisdiction, except
				  that if such child has not attained the age of 18 years, the term means a
				  surviving parent or legal guardian of such child;
3. any other person claimed as a dependent on
				  the federal income tax of the activated military person;
4. a biological or adoptive parent, unless
				  legal custody of the person by the parent has been previously terminated by
				  reason of a court decree or otherwise under law and not restored;
5. a brother or sister of the person, if such
				  brother or sister has attained the age of 18 years; or
6. any other person, if such person was given
				  sole legal custody of the person by a court decree or otherwise under law
				  before the person attained the age of 18 years and such custody was not
				  subsequently terminated before that time.
Outreach
-activities directed at improving
					 or strengthening veteran initiatives, activities or problems.
Third Party Administrator
-the Louisiana
					 Department of Veterans Affairs Benefits Division, or a designee of the
					 Secretary of the Louisiana Department of Veterans Affairs.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 46:121 et
					 seq.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 9 - Veterans' Affairs › Subchapter D - Military Family Assistance Program Fund › Section VII-967 - Eligibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. The approval
				  authority may, in its sole discretion, waive the requirement to seek assistance
				  from other available sources when unusual or exigent circumstances make such
				  application impractical or unlikely to produce results in a timely manner or
				  when the applicant shows that the circumstances are such that other potential
				  sources of funds are inapplicable to the particular circumstances.
B. Requests for assistance from the Military
				  Family Assistance Fund shall not be bifurcated.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 46:121 et
					 seq.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 9 - Veterans' Affairs › Subchapter D - Military Family Assistance Program Fund › Section VII-969 - Application Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. Eligible
				  Applicant Responsibilities
1. All requests for
				  assistance shall be made through a completed Military Family Assistance Fund
				  Application.
2. An application is
				  not complete unless it is signed by the applicant and contains all information
				  requested by the form.
3. All
				  applicants shall provide all additional information requested by the Military
				  Family Assistance Board, the fund committee, or the third party administrator.
				  Failure to provide additional requested information may result in the denial of
				  the application.
4. Applications
				  for assistance from the Military Family Assistance Fund shall include copies of
				  applications for other types of assistance filed by the applicant.
5. Applications, together with all supporting
				  documents, may be faxed to the MFA Fund third party administrator, may be
				  submitted electronically or online through the Military Family Assistance Fund
				  application submission process provided on the Department of Veterans Affairs
				  website, or may be mailed to: Department of Veterans Affairs, Attn: MFA Third
				  Party Administrator, P.O. Box 94095, Baton Rouge, LA 70804-9095.
6. An application for assistance from the
				  Military Family Assistance Fund shall be considered made as of the date that it
				  is received by the third party administrator.
7. If an individual other than a spouse acts
				  on behalf of an eligible applicant in preparing and submitting the application,
				  a signed, written statement by the applicant or a copy of a fully executed
				  power of attorney authorizing the individual preparing and submitting the
				  application to act on the eligible applicant's behalf must be submitted as an
				  attachment to the application.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 9 - Veterans' Affairs › Subchapter D - Military Family Assistance Program Fund › Section VII-971 - Types of Grants; Restrictions on Awards

Current through Register Vol. 50, No. 6, June 20, 2024
A. Three types of grants may be made by the
				  Military Family Assistance Fund:
1. grants
				  for need-based assistance;
2.
				  grants for one-time lump sum awards; and
3. grants for transportation and other
				  related costs as authorized by the board.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 9 - Veterans' Affairs › Subchapter D - Military Family Assistance Program Fund › Section VII-973 - Award Amounts

Current through Register Vol. 50, No. 6, June 20, 2024
A. The maximum
				  dollar amount that may be awarded on behalf of an activated military person for
				  a need-based claim per 12 month period is $10,000.
B. One uniform maximum dollar amount that may
				  be awarded on behalf of an activated military person for a onetime lump sum
				  award shall be $700. With respect to onetime lump sum awards, the following
				  shall apply.
1. An eligible applicant may be
				  awarded an additional one-time lump sum award for cost directly related to a
				  service related death or an injury with a greater than 50 percent residual
				  disability.
2. One-time lump sum
				  awards are in addition to, and not in lieu of, need-based awards.
3. A one-time lump sum award may be made only
				  when extenuating circumstances are present. Extenuating circumstances include,
				  but are not limited to:
a. the circumstance in
				  which the injured military person is recuperating in a location away from home
				  that necessitates travel by family members to visit with the injured military
				  person. Costs associated with transportation, lodging, meals, and other related
				  matters not covered by any other source to enable family members to visit an
				  activated military person with a service related injury with a greater than 50
				  percent residual disability, whether the extent of the disability has been
				  determined at the time application is made or is reasonably anticipated to
				  result in a greater than 50 percent residual disability at the time application
				  is made, may be requested;
b. the
				  circumstance in which the funeral of an activated military person necessitates
				  travel by family members to attend the funeral. Costs associated with
				  transportation, lodging, meals, and other related matters not covered by any
				  other source to enable family members to attend the funeral of an activated
				  military person may be requested;
c. the circumstance in which the absence of
				  family members to visit the injured activated military person or attend the
				  funeral of the activated military person creates financial needs for the care
				  of a home, pets, children, or others when the financial need is not covered by
				  any other source;
d. such other
				  extenuating circumstances as may be determined on a case-by-case basis by the
				  fund committee.
4. Family
				  members of activated military personnel who are listed as missing in action or
				  prisoner of war by the U.S. Department of Defense shall be eligible for the
				  lump sum award. The activated military person must be listed as missing in
				  action or a prisoner of war on or after September 11, 2001.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 9 - Veterans' Affairs › Subchapter D - Military Family Assistance Program Fund › Section VII-975 - Minimum Funding Levels; Reserve Level; Calculation of Funds Available for Payment of One-Time Lump Sum Awards

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Military Family Assistance Fund shall
				  have a minimum of $150,000 on deposit for the Military Family Assistance
				  Program to become operational.
B.
				  At all times the fund shall have a reserve of a minimum of $15,000.
C. For each fiscal year, the maximum
				  percentage of the Military Family Assistance Fund that may be directed to
				  one-time lump sum awards shall not exceed 20 percent. This percentage shall be
				  based on the amount of funds on deposit in the Military Family Assistance Fund
				  as of the first day of the fiscal year.
D. Award amounts directed to transportation
				  and other related costs of activated military personnel shall not exceed 30
				  percent of the funds on deposit in the Military Family Assistance Fund on the
				  first day of the fiscal year.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 46:121 et
					 seq.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 9 - Veterans' Affairs › Subchapter D - Military Family Assistance Program Fund › Section VII-977 - Third Party Administrator

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  third party administrator shall receive all need-based applications, all
				  applications for one-time lump sum assistance, and all applications for
				  transportation and other related costs assistance.
B. The third party administrator is
				  authorized to review, process, approve and remit payment on all need-based
				  applications of $1500 and less. In no event shall the third party administrator
				  remit payment on any request that exceeds $1500 without the prior express
				  written approval of the board or the fund committee.
C. The third party administrator is
				  authorized to disapprove need-based applications for $1500 or less if the
				  eligible applicant fails to show that all requirements set forth in the law and
				  the rules are met. The eligible applicant has the right to appeal such
				  disapproval to the fund committee.
D. With respect to need-based applications of
				  $1500 and less, the third party administrator is authorized to approve the
				  claim in part and disapprove the claim in part. The eligible applicant has the
				  right to appeal the third party administrator's disapproval of any part of its
				  need-based claim to the fund committee.
E. For all need-based applications received,
				  regardless of the dollar amount of the request, the third party administrator
				  shall make a determination on the following issues:
1. that all awards are on behalf of activated
				  military personnel or honorably discharged military personnel as defined in
				  R.S.
				  46:121;
2. that all awards are made pursuant to a
				  claim that is made by an eligible applicant;
3. that all awards are need-based. The third
				  party administrator, fund committee or Military Family Assistance Board may
				  consider a claim need-based if all of the following apply:
a. the funds are requested for necessary
				  expenses incurred or to be incurred;
b. the necessary expenses created or will
				  create an undue hardship on the activated military person, family member of the
				  activated military person, or the honorably discharged military
				  person;
c. the activated military
				  person, family member of the activated military person, or the honorably
				  discharged military person does not have reasonable and timely access to any
				  other funding source;
d. payment of
				  the claim does not supplant other available public or private funds;
				  and
e. the activated military
				  person, family member of the activated military person, or the honorably
				  discharged military person has made reasonable attempts to secure alternative
				  funding through another program, recognizing that the approval authority in its
				  discretion accorded under these rules may waive the requirement for that
				  applicant to have sought this alternative funding.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 9 - Veterans' Affairs › Subchapter D - Military Family Assistance Program Fund › Section VII-979 - Fund Committee

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Fund
				  Committee shall receive determinations from the third party administrator and
				  make decisions on all need-based applications of greater than $1500 up to $2500
				  and all applications for one-time lump sum assistance.
B. Repealed.
C. The board chairman shall designate the
				  members of the fund committee and shall select alternates to act on their
				  behalf.
D. The fund committee shall
				  receive the third party administrator's monthly report on applications received
				  and claims paid. The fund committee shall determine the payment of claims when
				  the Military Family Assistance Fund falls to within $15,000 of its minimum
				  funding level.
E. The fund
				  committee shall instruct the third party administrator with respect to the
				  receipt and processing of all applications for assistance from the fund if the
				  fund falls to within $15,000 of its minimum funding level.
F. The fund committee may refer need-based
				  requests for assistance and requests for one-time lump sum awards to the board
				  for determination if the Fund Committee suspects that the grant of an award
				  under the facts and circumstances of a particular case may not be in the best
				  interests of the board or the state of Louisiana.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 46:121 et
					 seq.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 9 - Veterans' Affairs › Subchapter D - Military Family Assistance Program Fund › Section VII-981 - The Board and Chairman of the Board

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the board suspects that an application
				  is submitted in violation of the provisions of the law and these rules, it
				  shall refer such application to the appropriate district attorney's
				  office.
B. The board shall provide
				  an annual report to the Joint Legislative Committee on the Budget on the
				  overall activities of the program and any recommendations for
				  consideration.
C. The chairman of
				  the board shall appoint three board members and alternates to serve on the fund
				  committee.
D. Repealed.
E. The board shall make determinations on
				  requests for assistance brought before the board.
F. The board shall exercise oversight of the
				  activities of the third party administrator and the fund committee.
G. The chairman of the board shall provide
				  for state administration of the program, the cost of which shall be paid from
				  the balance of the Military Family Assistance Fund, not to exceed 5 percent of
				  the total amount deposited into the fund in the previous fiscal year.
H. The Secretary of the Louisiana Department
				  of Veterans Affairs may direct up to 10 percent of the total amount deposited
				  into the fund in the previous fiscal year to be spent toward veteran outreach
				  activities.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 46:121 et
					 seq.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 9 - Veterans' Affairs › Subchapter D - Military Family Assistance Program Fund › Section VII-982 - Meetings of the Board

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board meets
				  criteria pursuant to
				  R.S.
				  42:17.2 to be eligible to conduct open public
				  meetings via electronic means.
B.
				  At least 24 hours prior to a meeting conducted via electronic means, the board
				  shall post the following on the Louisiana Department of Veterans Affairs'
				  website at vetaffairs.la.gov:
1. meeting
				  notice and agenda; and
2. detailed
				  information regarding how members of the public may:
a. participate in the meeting via electronic
				  means, including the applicable videoconference link and/or teleconference
				  phone number; and
b. submit written
				  comments regarding matters on the agenda prior to the meeting.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 9 - Veterans' Affairs › Subchapter D - Military Family Assistance Program Fund › Section VII-983 - Appeals

Current through Register Vol. 50, No. 6, June 20, 2024
A. The fund
				  committee shall sit as a board of appeals for the third party administrator's
				  disapproval of all or any part of a need-based application for $1500 or less.
				  An eligible applicant may appeal the third party administrator's disapproval of
				  a request for assistance within thirty days of the receipt of the written
				  determination disapproving the claim. The request for an appeal must be made in
				  writing to the third party administrator.
B. The fund committee is authorized by these
				  rules to decline to consider any appeal that is not timely filed.
C. The board shall sit as a board of appeals
				  for the fund committee's disapproval of all or any part of a need-based
				  application for greater than $1500 up to $2500. An eligible applicant may
				  appeal the fund committee's disapproval of claim to the board within 30 days of
				  the receipt of the written determination disapproving the claim. The request
				  for an appeal must be made in writing to the third party
				  administrator.
D. The board is
				  authorized by these rules to decline to consider any appeal that is not timely
				  filed.
E. The decision of the board
				  on a request for assistance shall be final.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 46:121 et
					 seq.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 9 - Veterans' Affairs › Subchapter D - Military Family Assistance Program Fund › Section VII-985 - Withdrawal of Applications

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
				  eligible applicant and anyone properly acting on behalf of an eligible
				  applicant shall have the right to withdraw the application at any time prior to
				  final disposition of the application by the third party administrator, the fund
				  committee or the board.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 46:121 et
					 seq.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 9 - Veterans' Affairs › Subchapter D - Military Family Assistance Program Fund › Section VII-987 - Waivers

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prior to the
				  approval of a claim, applications and the identity of eligible applicants and
				  their related military personnel shall be confidential unless expressly waived
				  by the eligible applicant in writing. The filing of an appeal before the fund
				  committee or the board shall be considered a waiver of the identity of eligible
				  applicants and their related military personnel or veterans.
B. Once a claim is approved, the identity of
				  the eligible applicant, related activated military personnel or honorably
				  discharged military personnel, and any person filing the application on behalf
				  of the eligible applicant, and the amount approved shall be public
				  record.
C. Applications, the
				  identity of applicants and their related military personnel or honorably
				  discharged military personnel, and all records of the board, the fund committee
				  and the third party administrator related thereto, shall be available prior to
				  any approval of the application, to necessary parties including but not limited
				  to, the legislative auditor, the legislative oversight committee for rules and
				  annual reports, and such other parties as necessary for prudent administration
				  of the Military Family Assistance Program and verification of elements of the
				  application.
D. The board, the fund
				  committee, and the third party administrator are expressly authorized to make
				  public data concerning the number of applications received, the amount of
				  claims approved, the geographic areas of the state from which such applications
				  are received and approved, the number of disapproved applications, and the
				  amount of funds in the Military Family Assistance Fund.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 46:121 et
					 seq.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 9 - Veterans' Affairs › Subchapter E - Veterans' Cemeteries › Section VII-990 - Fee Waivers

Current through Register Vol. 50, No. 6, June 20, 2024
A. The secretary
				  of the department may waive all or part of the fee charged under
				  R.S.
				  29:295 or
				  §992 of this
				  Chapter for burying veterans, spouses or dependent children in Louisiana
				  veterans' cemeteries if unusual financial circumstances or hardships exist.
				  Family members who believe they have unusual financial circumstances or
				  hardships may request relief and consideration of a waiver of the burial fee.
				  Family members may apply for a waiver through the cemetery director. If no
				  family members are available, the cemetery director may request a waiver on
				  behalf of the deceased veteran, spouse or dependent child. The application must
				  include appropriate documentation to support a finding that an unusual
				  financial circumstance or hardship exists. If the cemetery director determines
				  that the application and supporting documentation reflect that an unusual
				  financial circumstance or hardship exists, then the director will forward the
				  request with an appropriate recommendation to the secretary for approval or
				  disapproval to waive the fee in whole or in part.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 46:121 et
					 seq.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 9 - Veterans' Affairs › Subchapter E - Veterans' Cemeteries › Section VII-992 - Burial Eligibility for Members of the Louisiana National Guard, Reserve Components of the Armed Forces, and Their Dependents

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pursuant to Louisiana
				  R.S.
				  29:295(E) and
				  38 U.S.C.
				  2408, the following deceased members of the
				  Louisiana National Guard or of a drilling reserve component of the Armed
				  Forces, and their dependents are eligible for burial in veterans cemeteries
				  operated by the Department of Veterans Affairs.
1. Any member of the Louisiana National Guard
				  or of a drilling reserve component of the Armed Forces who was a Louisiana
				  resident at the time of death and who was discharged or released from federal
				  and state service under conditions other than dishonorable, as shown by a
				  discharge certificate or NGB 22.
2.
				  Any member of the Louisiana National Guard or of a drilling reserve component
				  of the Armed Forces who was a Louisiana resident at the time of death and whose
				  death occurs under conditions other than dishonorable while a member of the
				  Louisiana National Guard or the reserve component.
3. Any spouse, minor child, or unmarried
				  adult child of any member described above. The spouse, minor child, or
				  unmarried adult child must be a Louisiana resident at the time of death.
a. Spouse includes a surviving spouse who
				  subsequently remarries.
b. Minor
				  child means an unmarried child under 18 years of age.
c. Unmarried adult child means a child who
				  became permanently physically or mentally disabled and incapable of
				  self-support before reaching 21 years of age, or before reaching 23 years of
				  age if pursuing a full-time course of instruction at an approved educational
				  institution.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 9 - Veterans' Affairs › Subchapter F - Louisiana National Guard Disability Benefits › Section VII-995 - Appeals

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any applicant
				  for disability benefits pursuant to
				  R.S.
				  29:26.1 who was denied may request an appeal
				  of the department's decision by filing a written request for review of the
				  decision by the secretary of the Department of Veterans Affairs or his
				  designee.
B. Written requests for
				  appeal must be filed with the secretary of the Department of Veterans Affairs
				  or his designee within 30 days from the notice of denial and must contain the
				  name and mailing address of the applicant, a clear statement of the reasons for
				  the appeal, and any documents supporting the reasons for appeal.
C. A written decision will be issued by the
				  secretary or his designee. This decision shall be the final administrative
				  review.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 29:26.1.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 11 - Elderly Affairs › Subchapter A - State Agency on Aging › Section VII-1101 - Office of Elderly Affairs

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Authority, Organization and Purpose
1. Chapter
				  7 of title 46 of the
Louisiana Revised Statutes
of 1950
				  (R.S.
				  46:931 et seq.) provides for the
				  establishment and administration of the Office of Elderly Affairs (GOEA) within
				  the Office of the Governor.
2.
				  GOEA serves as the focal point for the development and administration of public
				  policy regarding Louisiana's elderly citizens. GOEA is the sole state agency
				  designated by the governor and the legislature to develop and administer the
				  state plan on aging. GOEA also administers the Long Term Care Ombudsman
				  Program.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 11 - Elderly Affairs › Subchapter A - State Agency on Aging › Section VII-1103 - The Louisiana Executive Board on Aging (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 46:933,
					 R.S.
					 46:934 and OAA
					 Sections
					 305(a)(1) and
					 307(a)(11).
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 11 - Elderly Affairs › Subchapter A - State Agency on Aging › Section VII-1107 - Planning and Service Area Designation (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 46:932.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 11 - Elderly Affairs › Subchapter A - State Agency on Aging › Section VII-1109 - Area Agency on Aging Designation (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 46:932,
					 R.S.
					 46:935 and OAA
					 Section
					 305(a)(1)
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 11 - Elderly Affairs › Subchapter B - Area Agency on Aging › Section VII-1121 - Definitions (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with OAA Section
					 305(a)(2)(A)
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 11 - Elderly Affairs › Subchapter B - Area Agency on Aging › Section VII-1123 - Purpose of the Area Agency on Aging (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with OAA Section
					 302(l).
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 11 - Elderly Affairs › Subchapter B - Area Agency on Aging › Section VII-1125 - Area Agency on Aging Standards (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with OAA Sections 306(a)(1), 306(a)(6)(i), 306(a)(7),
					 306(a)(12), and 321(c).
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 11 - Elderly Affairs › Subchapter B - Area Agency on Aging › Section VII-1127 - Area Agency on Aging Responsibilities (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with OAA Section 306 and
					 45 CFR
					 1321.61(a)(4).
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 11 - Elderly Affairs › Subchapter B - Area Agency on Aging › Section VII-1129 - Area Agency on Aging Governing Body (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with OAA
					 Section
					 305(c)(4) and
					 Section 307(a)(11).
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 11 - Elderly Affairs › Subchapter B - Area Agency on Aging › Section VII-1131 - Area Agency on Aging Advisory Council (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with OAA Sec. 306 (a)(6)(F) and
					 45 CFR
					 1321.57.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 11 - Elderly Affairs › Subchapter B - Area Agency on Aging › Section VII-1133 - Area Plan (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with OAA Section 306, and Section
					 307
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 11 - Elderly Affairs › Subchapter B - Area Agency on Aging › Section VII-1135 - Program Administration (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with OAA Section 306 and Section
					 307(a)(13)(C).
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 11 - Elderly Affairs › Subchapter B - Area Agency on Aging › Section VII-1137 - Services to Special Populations (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with OAA
					 Section
					 307(a)(5) and
					 45 CFR
					 1321.39.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 11 - Elderly Affairs › Subchapter B - Area Agency on Aging › Section VII-1139 - State Agency Approval of Area Agency on Aging Contracts (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with OAA Section 212 and
					 45 CFR
					 1321.55.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 11 - Elderly Affairs › Subchapter B - Area Agency on Aging › Section VII-1141 - Priority Services (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with OAA Section 306(a)(2), Section 306(b)(2), and
					 Section 307(a)(12).
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 11 - Elderly Affairs › Subchapter B - Area Agency on Aging › Section VII-1143 - Service Procurement (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with OAA Section 307(a)(8)(c), 307(a)(10), OMB
					 Circular A-110.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 11 - Elderly Affairs › Subchapter C - Councils on Aging › Section VII-1151 - Establishment of Parish Councils on Aging

Current through Register Vol. 50, No. 6, June 20, 2024
A. Issuance of Charters. Charters for the
				  establishment of parish voluntary councils on aging (hereafter referred to as
				  "council on aging") are issued by the Secretary of State upon the approval of
				  applications by the Governor's Office of Elderly Affairs (GOEA) pursuant to
				  R.S.
				  46:1602. Immediately upon issuance of the
				  charter by the Secretary of State, each council on aging is authorized to
				  receive public funds from any governmental or political subdivision. Such funds
				  shall be subject to audit by GOEA and the legislative auditor, or his duly
				  appointed representative.
B.
				  Governance
1. The functions of each council
				  on aging shall comply with the objectives of state laws and shall be governed
				  by the policies and regulations established by the Office of Elderly Affairs.
				  Copies of such policies and regulations shall be furnished to each council on
				  aging by OEA prior to their effective date.
2. Each council on aging shall be voluntary
				  as to its membership and as to all plans, programs and activities, and each
				  shall be non-profit making and politically non-partisan and non-factional and
				  shall be non-sectarian.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 11 - Elderly Affairs › Subchapter C - Councils on Aging › Section VII-1153 - Membership (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 46:932(8), 46:1602,
					 46:1603.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 11 - Elderly Affairs › Subchapter C - Councils on Aging › Section VII-1155 - Council on Aging Board of Directors (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.46:932(8),
					 46:1605.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 11 - Elderly Affairs › Subchapter C - Councils on Aging › Section VII-1157 - Administrative and Personnel Responsibilities (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 46:932(8),
					 46:1605.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 11 - Elderly Affairs › Subchapter C - Councils on Aging › Section VII-1159 - Fiscal Responsibility (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 46:932(8),
					 46:1606.