reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 31 - ELECTIONS › Part II - Voter Registration › Chapter 7 - Standards for Effective Non-Partisan Voter Registration and Voter Education › Section II-703 - Registrars of Voters

Current through Register Vol. 50, No. 6, June 20, 2024
A. All registrars of voters are
				required to participate in the state's annual voter registration
				week. The department will be required to provide uniform information
				to registrars of voters to use when conducting certain outreach
				activities. These activities shall encourage Louisiana citizens to
				register to vote, to exercise their right to vote, and to encourage
				participation of voters as election poll workers. In addition, new
				registrants and existing registrants will receive information on
				early voting in person, voting absentee by mail, and voting in person
				on election day.
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  18:18(A)(8)(a),
				  Public Law
				  107-252, and
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 31 - ELECTIONS › Part II - Voter Registration › Chapter 7 - Standards for Effective Non-Partisan Voter Registration and Voter Education › Section II-705 - Annual Voter Registration Week

Current through Register Vol. 50, No. 6, June 20, 2024
A. Under the provisions of
				R.S.
				18:18(A)(8)(b),
				the official state voter registration week shall be held annually
				during the last full week which occurs two weeks prior to the close
				of registration books for the regular fall primary election.
				Registrars of voters and their employees are an integral part of this
				process. Representatives from the Louisiana Registrars of Voters
				Association shall work with the department on the development of the
				outreach presentation for various groups of participants. The
				department will annually update registrars of voters on any
				legislative changes that will affect outreach activities and
				information.
B. Voter
				registration outreach activities should be structured to encourage
				participants who are not registered to vote to register. Participants
				should be provided the following information:
1. the requirements to register to
				vote;
2. how to update
				voter registration information (such as changes in name and
				address);
3. voter
				registration deadlines for scheduled election dates;
4. why a registrant may be removed
				from the voter registration roles; and
5. registration for individuals
				with disabilities and residents in nursing homes.
Louisiana Administrative Code › Title 31 - ELECTIONS › Part II - Voter Registration › Chapter 7 - Standards for Effective Non-Partisan Voter Registration and Voter Education › Section II-707 - Funding for Outreach Efforts

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department shall pay for all
				outreach efforts conducted by employees of the department. If the
				department is asked to provide a voting system for a private
				election, the organization requesting the voting system will be
				responsible for the payment for the hauling of the voting
				system.
B. The department
				shall provide registrars of voters with printed materials on voter
				registration, voter education, voting rights, and the voting system
				for use during the annual voter registration week. In addition, the
				department will advertise the annual voter registration week in the
				official journal of every parish and issue a statewide public service
				announcement on the annual voter registration week.
C. Although not mandatory,
				registrars of voters are encouraged to provide other outreach
				activities and materials tailored toward their individual
				communities. The registrar of voters must receive advance written
				approval by the Commissioner of Elections for the department to pay
				the expense. If the Commissioner of Elections gives prior approval,
				the procurement of said service or materials must be procured in
				accordance with state or parish purchasing procedures and guidelines.
				The department, upon receipt of the original invoice and supporting
				documents, shall pay the expense.
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  18:18(A)(8) and
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 31 - ELECTIONS › Part II - Voter Registration › Chapter 7 - Standards for Effective Non-Partisan Voter Registration and Voter Education › Section II-709 - Reporting Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Report on Voter Education
				Programs
1. The Commissioner of
				Elections shall develop and provide a report form to be utilized by
				the registrars of voters in fulfilling the responsibilities of
				R.S.
				18:18(A)(8). This
				report form shall require the registrar to provide the following
				information:
a. a listing of all
				voter registration and voter education events/activities held by the
				registrar's office, the location, the amount of time spent on the
				event/activity, the estimated amount of citizen participation, and
				any other detailed information describing such
				event/activity;
b. a
				listing of any group or organization that requested voter
				registration information or registration forms and the number of
				completed voter applications received; and
c. any other relevant voter
				registration activities.
Louisiana Administrative Code › Title 31 - ELECTIONS › Part III - Procurement › Chapter 1 - Procurement of Voting System Drayage and Storage › Section III-101 - Definition

Current through Register Vol. 50, No. 6, June 20, 2024
Drayage
- the transporting or
				  cartage of voting equipment and supplies as directed by the Secretary
				  of State.
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  18:1371 and
				  R.S.
				  36:742.
Louisiana Administrative Code › Title 31 - ELECTIONS › Part III - Procurement › Chapter 1 - Procurement of Voting System Drayage and Storage › Section III-103 - Revised Statutes

Current through Register Vol. 50, No. 6, June 20, 2024
A. These regulations shall be read
				and interpreted jointly with
				R.S.
				39:1551 et seq.
B. A rule or regulation shall not
				change any explicit contract provision, commitment, right or
				obligation of the state, or of a contractor under a state contract in
				existence on the effective date of that rule or regulation. However,
				to the extent possible, existing contracts shall be constructed in
				conformity with these rules and regulations.
C. The bid process for the storage
				of voting systems shall be performed by the Division of
				Administration, Office of Facility Planning and Control, except that
				the Department of State may negotiate for storage space of less than
				5,000 square feet in accordance with the provisions of
				R.S.
				18:19.
D. The Office of Facility Planning
				and Control shall prepare the lease between the department and
				lessor, and the purchase order shall be prepared by the department
				for the lease of warehouse storage facilities.
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  18:19, 1353, 1382,
				  R.S.
				  39:1643, and
				  R.S.
				  39:1551 et
				  seq.
Louisiana Administrative Code › Title 31 - ELECTIONS › Part III - Procurement › Chapter 1 - Procurement of Voting System Drayage and Storage › Section III-105 - Invitation for Drayage and Storage Bids, Public Notice, and Bid Opening

Current through Register Vol. 50, No. 6, June 20, 2024
A. All contracts for the drayage
				and storage of voting systems shall be awarded by competitive sealed
				bidding on a parish or regional basis.
B. If the Secretary of State
				determines a bid will be awarded on a regional basis for drayage and
				storage, the criteria shall include but not necessarily be limited
				to:
1. not more than four parishes
				in a region;
2. not more
				than 1,000 voting systems in a region;
3. uniform beginning delivery time
				with continuous drayage for each parish in a region;
4. uniform beginning return time
				with continuous drayage for each parish in a region;
5. agreement will first be obtained
				from each clerk of court for each parish to be included in a regional
				bid; and
6. a cost
				savings when bid on a regional basis.
Louisiana Administrative Code › Title 31 - ELECTIONS › Part III - Procurement › Chapter 1 - Procurement of Voting System Drayage and Storage › Section III-107 - Evaluation of Drayage and Storage Bids

Current through Register Vol. 50, No. 6, June 20, 2024
A. Drayage bids shall be evaluated
				based on adherence to the specifications, terms, conditions, and
				suitability requirements listed in the invitation for bids. The
				bidder must list any deviations from these specifications, terms, or
				conditions.
B. Storage
				bids shall be evaluated based on adherence to the detailed written
				response to all specifications, any submitted plans, inspection of
				the proposed site by the department, or an authorized representative,
				quality, workmanship and suitability of the proposed site for the
				purposes set forth in the solicitation, including but not limited to
				the following:
1. location of the
				proposed space;
2.
				condition of the proposed site;
3. safety of the proposed site;
				and
4. timeliness of the
				availability.
Louisiana Administrative Code › Title 31 - ELECTIONS › Part III - Procurement › Chapter 1 - Procurement of Voting System Drayage and Storage › Section III-109 - Responsibility of Drayage and Storage Bidders

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Secretary of State or his
				designee may make reasonable inquiries to determine the
				responsibility of prospective contractors. In making his
				determination, the following factors will be considered:
1. has available the appropriate
				financial, material, equipment, and personnel resources and
				expertise, or the ability to obtain them, necessary to indicate the
				capability to meet all contractual requirements;
2. has a satisfactory record of
				performance on previous state contracts and with other
				persons;
3. is qualified
				legally to contract with the state of Louisiana;
4. has supplied an affidavit of No
				Felony Conviction attesting to the fact that the proposed contractor
				and/or the principal officers of a corporation are not currently
				under an order of imprisonment for any felony conviction or have not
				been convicted of a lesser election offense under Title 18 or an
				offense involving an election, voting equipment or an election
				official; and
5. has
				reasonably supplied any information requested by the Secretary of
				State in establishing responsibility.
Louisiana Administrative Code › Title 31 - ELECTIONS › Part III - Procurement › Chapter 1 - Procurement of Voting System Drayage and Storage › Section III-111 - Correction of Withdrawal of Drayage and Storage Bids

Current through Register Vol. 50, No. 6, June 20, 2024
A. Obvious errors or errors
				supported by clear and convincing evidence may be corrected, or bids
				may be withdrawn, if such correction or withdrawal does not prejudice
				other bidders and such actions may be taken only to the extent
				permitted under regulations.
1. Any
				bid may be withdrawn prior to bid opening.
2. Minor informalities or
				insignificant mistakes may be waived or corrected if such will not
				prejudice other bidders (i.e., if the effect on price, quantity,
				quality, delivery, or contractual conditions is not significant). The
				Secretary of State may waive any informalities or allow corrections
				by bidders if it is in the best interest of the state of
				Louisiana.
Louisiana Administrative Code › Title 31 - ELECTIONS › Part III - Procurement › Chapter 1 - Procurement of Voting System Drayage and Storage › Section III-113 - Drayage Bid Guaranty and Bond

Current through Register Vol. 50, No. 6, June 20, 2024
A. If specified in the invitation
				for bids, a bond, certified check, or money order payable to the
				Department of State in the amount of 5 percent of the bid must
				accompany each bid submitted.
B. If a bidder withdraws his bid
				after bid opening, without complying with LAC 31:III.111, or fails to
				execute a contract within 20 days of request, the bid bond or other
				security shall be forfeited and deposited into the Department of the
				Treasury as income not available.
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  18:1371,
				  R.S.
				  36:742, and LAC
				  34:I.523.
Louisiana Administrative Code › Title 31 - ELECTIONS › Part III - Procurement › Chapter 1 - Procurement of Voting System Drayage and Storage › Section III-115 - Drayage Performance Bond

Current through Register Vol. 50, No. 6, June 20, 2024
A. If specified in the invitation
				for bids, the bidder awarded the contract must submit a performance
				bond or letter of credit in the penal sum of one and one-half times
				the contract price made payable to the Department of State.
B. The performance bond shall be
				written by a surety or insurance company currently on the U.S.
				Department of the Treasury Financial Management Service list of
				approved bonding companies which is published annually in the
Federal Register
or by a Louisiana domiciled
				insurance company with at least an A-rating in the latest printing of
				the A.M. Best's Key Rating Guide.
C. If a contractor fails to perform
				in accordance with contractual obligations, the contractor forfeits
				the performance bond.
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  36:742,
				  R.S.
				  38:2219, and
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 31 - ELECTIONS › Part III - Procurement › Chapter 1 - Procurement of Voting System Drayage and Storage › Section III-117 - Forfeiture of Bonds for Drayage

Current through Register Vol. 50, No. 6, June 20, 2024
A. Actions by bidders causing
				forfeiture of bonds as stated in
				§113
				and
				§115
				herein shall be cause for removal of said bidders from the
				department's bid list and will support a determination of
				non-responsibility for the bidder(s) and its principals for a period
				of three years.
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  36:742 and
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 31 - ELECTIONS › Part III - Procurement › Chapter 1 - Procurement of Voting System Drayage and Storage › Section III-119 - General Guaranty for Drayage

Current through Register Vol. 50, No. 6, June 20, 2024
A. Contractor agrees:
1. to maintain all insurance
				required in the invitation for bids during the term of the
				contract;
2. to pay all
				taxes, permits, licenses and fees;
3. to give all notices and comply
				with all laws, ordinances, rules and regulations of each city and/or
				town in the parish in which the contractor is performing his duties,
				and of the state of Louisiana;
4. to protect the state from loss
				in case of an accident or mishandling by contractor's employees;
				and
5. to make available
				the equipment, labor, insurance, etc., for drayage of voting machines
				at times other than for elections. Prices of the above mentioned to
				be negotiated between the contractor and department or to be
				determined by competitive bidding in accordance with small purchase
				provisions of the procurement code and subsequent applicable
				executive orders.
Louisiana Administrative Code › Title 31 - ELECTIONS › Part III - Procurement › Chapter 1 - Procurement of Voting System Drayage and Storage › Section III-121 - Award of Drayage and Storage Contracts

Current through Register Vol. 50, No. 6, June 20, 2024
A. All contracts shall be awarded
				to the lowest responsive and responsible bidder within 30 days of bid
				opening, unless more time is needed by the department to investigate
				suitability and the bidder is notified accordingly.
1. A responsive bidder means a
				person who has submitted a bid which conforms in all substantive
				respects to the invitation for bids, including the specifications set
				forth in the invitation.
2. The award shall be made by
				unconditional acceptance of a bid without alteration or correction,
				except as authorized in §111
Louisiana Administrative Code › Title 31 - ELECTIONS › Part III - Procurement › Chapter 1 - Procurement of Voting System Drayage and Storage › Section III-123 - Rejection of Drayage or Storage Bids; Cancellation of Drayage or Storage Solicitations

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Secretary of State reserves
				the right to reject any and all bids when it is in the best interest
				of the state of Louisiana.
1.
				Reasons for rejecting a bid include, but are not limited to:
a. a determination of
				non-responsibility of a bidder(s); or
b. the bid is not responsive (i.e.,
				it did not meet specifications or comply with terms and
				conditions).
Louisiana Administrative Code › Title 31 - ELECTIONS › Part III - Procurement › Chapter 1 - Procurement of Voting System Drayage and Storage › Section III-125 - Emergency Drayage Procurements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Secretary of State or his
				designee may declare that an emergency situation exists when:
1. property is subject to loss or
				destruction as a result of an accident or natural disaster within 30
				days of an election;
2.
				the functioning of the department will be threatened; or
3. the health and safety of any
				person is threatened.
Louisiana Administrative Code › Title 31 - ELECTIONS › Part III - Procurement › Chapter 1 - Procurement of Voting System Drayage and Storage › Section III-127 - Collusive Bidding or Negotiations of Drayage or Storage Contracts

Current through Register Vol. 50, No. 6, June 20, 2024
A. The attorney general shall be
				notified in writing whenever collusion is suspected among bidders.
				Such notice shall contain all known facts.
B. All documents involved in a
				procurement in which collusion is suspected shall be retained for
				three years after the Legislative Auditor's Office have completed
				their audit of the department for the fiscal years in question or
				until the attorney general notifies the department that they may be
				destroyed, whichever is longer. These documents shall be made
				available to the attorney general or his designee upon
				request.
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  36:742 and
				  R.S.
				  39:1626.
Louisiana Administrative Code › Title 31 - ELECTIONS › Part III - Procurement › Chapter 1 - Procurement of Voting System Drayage and Storage › Section III-129 - Drayage and Storage Specifications

Current through Register Vol. 50, No. 6, June 20, 2024
A. All specifications shall be
				written so as to promote as much competition as possible.
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  36:742 and
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 31 - ELECTIONS › Part III - Procurement › Chapter 1 - Procurement of Voting System Drayage and Storage › Section III-131 - Drayage Contract Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. A contract cannot be
				transferred, subcontracted, or assigned prior to execution of said
				contract. After execution of the contract, a contractor may assign or
				subcontract his obligations under the contract only with the written
				consent of the Secretary of State, which consent shall not be
				unreasonably withheld.
B.
				To the extent that a prospective contractor proposes to utilize
				subcontractors in performing the contract, the prospective prime
				contractor shall not be considered to be responsible unless recent
				performance history indicates an acceptable subcontracting system
				determined by the Secretary of State. All subcontractors must meet
				the same standards for responsibility, bonds, and insurance as the
				prime contractor.
C. If a
				bidder is the lowest responsible and responsive bidder in more than
				one parish, bidders will be limited to contracting for parishes with
				an aggregate total of not more than 1,000 voting systems or four
				parishes. In the event that those numbers are exceeded, the contracts
				will be awarded in the order in which bids were taken.
D. The term of the contract shall
				be one year or less with an option to renew for two additional
				one-year terms. All contracts shall end on December 31.
E. If the holder of multiple
				drayage contracts fails to perform in accordance with the provisions
				of any of his contracts, the Secretary of State may cancel any and
				all contracts with that contractor. In addition, the contractor may
				be suspended from future bidding.
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  18:1371,
				  R.S.
				  36:742 and
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 31 - ELECTIONS › Part III - Procurement › Chapter 1 - Procurement of Voting System Drayage and Storage › Section III-133 - Right to Protest Drayage or Storage Contract Award

Current through Register Vol. 50, No. 6, June 20, 2024
A. All proceedings herewith shall
				be carried out in accordance with the Conduct of Hearing Rules set
				forth in LAC 34:I.Chapter 31.
B. Any bidder may protest a
				solicitation or an award of a contract to the Secretary of
				State.
C. In regard to
				the solicitation of a drayage or storage contract, the protest must
				be made in writing at least two days prior to the opening of
				bids.
D. In regard to the
				award of any contract, a written protest must be made within 14 days
				after the contract is awarded.
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  36:742 and
				  R.S.
				  39:1671.
Louisiana Administrative Code › Title 31 - ELECTIONS › Part III - Procurement › Chapter 1 - Procurement of Voting System Drayage and Storage › Section III-135 - Legal and Contractual Remedies for Drayage and Storage of Voting Systems

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Secretary of State or his
				designee is authorized to settle and resolve any protest prior to
				court action. If a protest is not resolved by mutual agreement, the
				Secretary of State or his designee shall, within 14 days, issue a
				decision in writing. The decision shall:
1. state the reasons for the action
				taken; and
2. inform the
				protestant of its right to administrative and judicial review as
				provided in Part VI of the Procurement Code.
Louisiana Administrative Code › Title 31 - ELECTIONS › Part III - Procurement › Chapter 1 - Procurement of Voting System Drayage and Storage › Section III-137 - Suspension and Debarment of Drayage or Storage Contractor

Current through Register Vol. 50, No. 6, June 20, 2024
A. A bidder and its principal
				officers and agents may be debarred or suspended from consideration
				for award of contracts during an investigation for probable cause if
				it is in the best interests of the state.
B. The Secretary of State may
				suspend or debar a person for cause after notice to the bidder has
				been given and the bidder has had a reasonable opportunity to
				respond. A bidder may be suspended if the Secretary of State
				determines that there is probable cause to believe that the bidder
				has engaged in any activity to lead to debarment.
1. The period of time for the
				suspension of a drayage or storage contract shall be a minimum of one
				complete cycle of bidding in all parishes.
2. The period of time for debarment
				of a drayage or storage contract shall be a minimum of two complete
				cycles of bidding in all parishes.
Louisiana Administrative Code › Title 31 - ELECTIONS › Part III - Procurement › Chapter 1 - Procurement of Voting System Drayage and Storage › Section III-139 - Repeal Prior Rules and Regulations

Current through Register Vol. 50, No. 6, June 20, 2024
A. LAC 31:III.101, 103, 105, 107,
				109, 111, 113. 115. 117, 119, 121,123,125,127, 129, 131,133, 135,
				141, 143, 145 and 147 previously adopted by the Department of
				Elections and Registration are hereby repealed in their
				entirety.
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  36:742.
Louisiana Administrative Code › Title 31 - ELECTIONS › Part III - Procurement › Chapter 3 - Procurement and Certification of Voting Equipment › Subchapter A - Competitive Sealed Bidding › Section III-301 - Invitation for Bids, Public Notice, and Bid Opening

Current through Register Vol. 50, No. 6, June 20, 2024
A. All voting machines used in the
				  state of Louisiana shall be purchased by the Commissioner of
				  Elections on the basis of public bids and in accordance with the
				  Louisiana Procurement Code contained in Chapter 17 of Title 39 of the
				  Louisiana Revised Statutes of 1959. All bids will be advertised in
				  the official journal of the state of Louisiana in accordance with all
				  applicable statutes and rules.
B. Machines bid in Louisiana must
				  be certified in accordance with the provisions of
				  R.S.
				  18:1361(A).
C. In accordance with
				  R.S.
				  18:1361(B), bids
				  on machines that have been certified for use in Louisiana will be
				  considered for purchase and subsequent use.
D. The bids will be opened in
				  public session on the date announced in the bid offering.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 18:1353(C),
					 R.S.
					 18:1361, and
					 R.S.
					 36:662.
Louisiana Administrative Code › Title 31 - ELECTIONS › Part III - Procurement › Chapter 3 - Procurement and Certification of Voting Equipment › Subchapter A - Competitive Sealed Bidding › Section III-303 - Certification of Voting Equipment

Current through Register Vol. 50, No. 6, June 20, 2024
A. All mechanical voting machines
				  currently in use in Louisiana and purchased prior to the adoption of
				  these rules shall be considered certified.
B. Voting equipment offered for
				  sale in Louisiana shall be certified according to procedures
				  established in
				  R.S.
				  18:1361.
C. The commissioner of the
				  Department of Elections and Registration shall establish policies
				  that shall set standards for all electronic voting equipment to be
				  used in the state of Louisiana.
1.
				  The standards shall conform to the requirements of
				  R.S. 18:1355
				  and
				  R.S. 18:1399
				  and the requirements and needs of the Louisiana voting
				  public.
2. All
				  certificates, together with any relevant reports, drawings, and
				  photographs, for electronic equipment shall be public
				  record.
Louisiana Administrative Code › Title 32 - EMPLOYEE BENEFITS › Part I - General Provisions › Chapter 1 - General Information › Section I-101 - Organizational Description

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				Office of Group Benefits operates pursuant to
				R.S.
				42:801 et seq. OGB is responsible for the
				general administration and management of all aspects of programs of benefits as
				authorized or provided for under the provisions of this Chapter.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:801(C) and
				  802(B)(1).
Louisiana Administrative Code › Title 32 - EMPLOYEE BENEFITS › Part I - General Provisions › Chapter 1 - General Information › Section I-103 - OGB Plan and Other Authorized Plans

Current through Register Vol. 50, No. 6, June 20, 2024
A. OGB Plan and Plan Administrator. The OGB
				Plan is the program of benefits offered by or through OGB. OGB may offer a
				variety of self-funded or insured plans of benefits.
B. Other Plans: Plan Insurer and Plan
				Administrator. To the extent any governmental and administrative subdivisions,
				departments, or agencies of the executive, legislative, or judicial branches,
				or the governing boards and authorities of each state university, college, or
				public elementary and secondary school system in the state are authorized to
				procure private contracts of health insurance and/or operate or contract for
				all or a portion of the administration of a self-funded plan, such plans not
				directly operated or offered by OGB shall be governed by the terms and
				conditions of the applicable plan.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:801(C) and
				  802(B)(1).
Louisiana Administrative Code › Title 32 - EMPLOYEE BENEFITS › Part I - General Provisions › Chapter 3 - Uniform Provisions-Participation in the Office of Group Benefits › Section I-301 - Eligibility for Participation in OGB Health Coverage and Life Insurance [Formerly Section 303]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Employees of a
				public entity who participate in the Louisiana State Employees Retirement
				System, Louisiana Teacher's Retirement System, State Police Pension and
				Retirement System, or the Louisiana School Employees Retirement System due to
				their status as an employee of such public entity are eligible to participate
				in OGB group benefit programs pursuant to
				R.S.
				42:808. No individual may participate in a
				program sponsored by OGB unless the school board, state agency or political
				subdivision through which the individual is actively employed or retired
				participates in OGB as a group.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:801(C) and
				  802(B)(1).
Louisiana Administrative Code › Title 32 - EMPLOYEE BENEFITS › Part I - General Provisions › Chapter 3 - Uniform Provisions-Participation in the Office of Group Benefits › Section I-303 - Enrollment Procedures for Participation in OGB Health Coverage and Life Insurance

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				state agency, school board, political subdivision, or other entity that seeks
				to participate in programs offered through OGB shall comply with the following.
1. The head of the agency shall submit a
				written request to OGB to commence participation in its programs, together with
				a resolution of authorization from the board, commission, or other governing
				authority, if applicable.
2. The
				request for participation shall be reviewed to verify the eligibility of the
				requesting agency.
3. The
				requesting agency shall obtain an experience rating from OGB.
a. The requesting agency shall submit claims
				experience under its prior plan for the 36-month period immediately prior to
				its application together with the required advance payment for the experience
				rating.
b. The actuarial
				consultant serving OGB shall conduct the experience rating and determine the
				premiums due.
c. For any state
				agency, school board, political subdivision, or other eligible entity that
				elects to participate in the OGB health and accident programs after
				participation in another group health and accident insurance program, the
				premium rate applicable to the employees and former employees of such group
				shall be the greater of the premium rate based on the loss experience of the
				group under the prior plan or the premium rate based on the loss experience of
				the classification into which the group is entering.
d. In the event that the initial premium is
				based on the loss experience of the group under the prior plan, such premium
				shall remain in effect for three years and then convert to the published rate
				for all other OGB enrollees.
Louisiana Administrative Code › Title 32 - EMPLOYEE BENEFITS › Part I - General Provisions › Chapter 3 - Uniform Provisions-Participation in the Office of Group Benefits › Section I-305 - Retiree Eligibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. For the
				purpose of determining eligibility to participate in OGB health coverage and
				life insurance, the term
retiree
shall refer only to an
				individual who was an enrollee immediately prior to the date of retirement and
				who, upon retirement, satisfied one of the following categories:
1. immediately received a retirement plan
				distribution from an approved state or governmental agency defined benefit
				plan;
2. was not eligible for
				participation in such plan or legally opted not to participate in such plan,
				and either:
a. began employment prior to
				September 15, 1979, has 10 years of continuous state service, and has reached
				the age of 65;
b. began employment
				after September 15, 1979, has 10 years of continuous state service, and has
				reached the age of 70;
c. began
				employment after July 8, 1992, has 10 years of continuous state service, has a
				credit for a minimum of 40 quarters in the Social Security system at the time
				of employment, and has reached the age of 65; or
d. maintained continuous coverage with an OGB
				plan of benefits as an eligible dependent until he/she became eligible to
				receive a retirement plan distribution from an approved state governmental
				agency defined benefit plan as a former state employee; or
3. immediately received a retirement plan
				distribution from a state-approved or state governmental agency approved
				defined contribution plan and has accumulated the total number of years of
				creditable service which would have entitled him/her to receive a retirement
				plan distribution from the defined benefit plan of the retirement system for
				which the employee would have otherwise been eligible. The appropriate state
				governmental agency or retirement system responsible for administration of the
				defined contribution plan is responsible for certification of eligibility to
				OGB.
Louisiana Administrative Code › Title 32 - EMPLOYEE BENEFITS › Part I - General Provisions › Chapter 3 - Uniform Provisions-Participation in the Office of Group Benefits › Section I-309 - Medicare and OGB

Current through Register Vol. 50, No. 6, June 20, 2024
A. When an
				individual is covered by an OGB plan of benefits and by Medicare, Medicare laws
				and regulations govern the order of benefit determination, that is, whether
				Medicare is the primary or secondary payer.
B. Except as provided in Subsection C
				(below), when an individual is covered by an OGB plan of benefits and by
				Medicare, and:
1. an OGB plan of benefits is
				the primary payer, benefits will be paid without regard to Medicare
				coverage;
2. Medicare is the
				primary payer, eligible expenses under an OGB plan of benefits will be limited
				to the amount allowed by Medicare, less the amount paid or payable by Medicare.
				All provisions of an OGB plan of benefits, including all provisions related to
				deductibles, co-insurance, limitations, exceptions, and exclusions will be
				applied.
Louisiana Administrative Code › Title 32 - EMPLOYEE BENEFITS › Part I - General Provisions › Chapter 3 - Uniform Provisions-Participation in the Office of Group Benefits › Section I-311 - Reinstatement to Position Following Civil Service Appeal

Current through Register Vol. 50, No. 6, June 20, 2024
A. Self-Funded Plan Participants. When
				coverage of a terminated employee who was enrolled in an OGB self-funded plan
				is reinstated by reason of a civil service appeal, coverage will be reinstated
				to the same level in the OGB plan of benefits retroactive to the date coverage
				terminated. The employee and participating employer are responsible for the
				payment of all premiums for the period of time from the date of termination to
				the date of the final order reinstating the employee to his/her position. The
				OGB plan is responsible for the payment of all eligible benefits for charges
				incurred during this period. All claims for expenses incurred during this
				period shall be filed with the OGB plan within 60 days following the date of
				the final order of reinstatement.
B. Fully Insured HMO Participants. When
				coverage of a terminated employee who was enrolled in a fully insured HMO is
				reinstated by reason of a civil service appeal, coverage will be reinstated in
				the fully insured HMO in which the employee was participating effective on the
				date of the final order of reinstatement. There will be no retroactive
				reinstatement of coverage and no premiums will be owed for the period during
				which coverage with the fully insured HMO was not effective.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:801(C) and
				  802(B)(1).
Louisiana Administrative Code › Title 32 - EMPLOYEE BENEFITS › Part I - General Provisions › Chapter 3 - Uniform Provisions-Participation in the Office of Group Benefits › Section I-313 - Enrollee Coverage Termination

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
				enrollee may terminate coverage as set forth in the applicable OGB health plan
				document. Applications made by active enrollees shall be provided to their HR
				liaison and applications made by retired enrollees shall be provided to
				OGB.
B. An Enrollee may terminate
				coverage during an OGB designated enrollment period. Application is required to
				be made as directed for the OGB designated enrollment period.
C. Subject to continuation of coverage and
				COBRA rules, all benefits of an enrollee will terminate, without application,
				under plans offered by OGB on the earliest of the following dates:
1. date OGB terminates;
2. date the group or agency employing the
				enrollee terminates or withdraws from OGB;
3. date contribution is due if the group or
				agency fails to pay the required contribution for the enrollee;
4. date contribution is due if the enrollee
				fails to make any contribution which is required for the continuation of
				coverage;
5. last day of the month
				of the enrollees death; or
6. last
				day of the month in which the enrollee is eligible for OGB plan
				coverage.
Louisiana Administrative Code › Title 32 - EMPLOYEE BENEFITS › Part I - General Provisions › Chapter 3 - Uniform Provisions-Participation in the Office of Group Benefits › Section I-315 - Dependent Coverage Termination

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
				enrollee may terminate dependent coverage as set forth in the applicable OGB
				health plan document. Applications made by active enrollees shall be provided
				to their HR liaison and applications made by retired enrollees shall be
				provided to OGB.
B. An enrollee may
				terminate dependent coverage during an OGB designated enrollment period.
				Application is required to be made as directed for the OGB designated
				enrollment period.
C. Subject to
				continuation of coverage and COBRA rules, dependent coverage will terminate,
				without application, under any OGB plan of benefits on the earliest of the
				following dates:
1. last day of the month the
				enrollee is covered;
2. last day of
				the month in which the dependent, as defined by OGB, is an eligible dependent
				of the enrollee;
3. for
				grandchildren for whom the enrollee does not have court ordered legal custody
				or has not adopted, on the date the child's parent loses eligibility under the
				respective OGB health; or
4. upon
				discontinuance of all dependent coverage under OGB plans.
Louisiana Administrative Code › Title 32 - EMPLOYEE BENEFITS › Part I - General Provisions › Chapter 3 - Uniform Provisions-Participation in the Office of Group Benefits › Section I-317 - Change of Classification

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Adding or Deleting Dependents. When a dependent is added to the enrollees
				coverage due to a HIPAA special enrollment event or deleted from the enrollees
				coverage consistent with a change in the dependents status, as set forth in the
				applicable OGB health plan document, applications made by active enrollees
				shall be provided to their HR liaison and applications made by retired
				enrollees shall be provided to OGB. Application is required to be made within
				30 days of the event unless a longer application period is required by federal
				or state law.
B. When a dependent
				is added to or deleted from the enrollees coverage during an OGB designated
				enrollment period, application is required to be made as directed for the OGB
				designated enrollment period.
C.
				Effective Date of Change in Classification
1.When adding a dependent due to a HIPAA
				special enrollment event results in a change in classification, the change in
				classification will be effective on the date of the event.
2.When the addition of a dependent changes
				the classification of coverage, the new premium rate will be charged for the
				entire month if the date of the HIPAA special enrollment event occurs before
				the fifteenth day of the month. If the date of the HIPAA special enrollment
				event occurs on or after the fifteenth day of the month, the new premium rate
				will not be charged until the first day of the following
				month.
Louisiana Administrative Code › Title 32 - EMPLOYEE BENEFITS › Part I - General Provisions › Chapter 3 - Uniform Provisions-Participation in the Office of Group Benefits › Section I-319 - Continued Coverage

Current through Register Vol. 50, No. 6, June 20, 2024
A. Leave of
				Absence. If an enrollee is allowed an approved leave of absence by his/her
				participating employer, the enrollee may retain the coverage for up to one year
				if the premium is paid. Failure to pay the premium will result in cancellation
				of coverage. The enrollee and/or the participating employer shall notify OGB
				within 30 days of the effective date of the leave of absence.
1. Leave of Absence without Pay, Employer
				Contributions to Premiums
a. An enrollee who
				is granted leave of absence without pay due to a service related injury may
				continue coverage and the participating employer shall continue to pay its
				portion of health plan premiums for up to 12 months.
b. An enrollee who suffers a service related
				injury that meets the definition of a total and permanent disability under the
				workers' compensation laws of Louisiana may continue coverage and the
				participating employer shall continue to pay its portion of the premiums until
				the enrollee becomes gainfully employed or is placed on state disability
				retirement.
c. An enrollee who is
				granted leave of absence without pay in accordance with the federal Family and
				Medical Leave Act (F.M.L.A.) may continue coverage during the time of such
				leave and the participating employer shall continue to pay its portion of
				premiums if the enrollee continues his/her coverage.
Louisiana Administrative Code › Title 32 - EMPLOYEE BENEFITS › Part I - General Provisions › Chapter 3 - Uniform Provisions-Participation in the Office of Group Benefits › Section I-321 - COBRA

Current through Register Vol. 50, No. 6, June 20, 2024
A. Employees
1. Coverage under OGB for an enrollee will
				terminate on the last day of the calendar month during which employment is
				terminated (voluntarily or involuntarily) or significantly reduced, the
				enrollee no longer meets the definition of an employee, or coverage under a
				leave of absence has expired, unless the enrollee elects to continue coverage
				at the enrollee's own expense. Employees terminated for gross misconduct are
				not eligible for COBRA coverage.
2.
				It is the responsibility of the participating employer to notify OGB within 30
				days of the date coverage would have terminated because of any of the foregoing
				events, and OGB will notify the enrollee within 14 days of his/her right to
				continue coverage.
3. Application
				for continued coverage shall be made in writing to OGB within 60 days of the
				date of the election notification and premium payment shall be made within 45
				days of the date the employee elects continued coverage, for coverage
				retroactive to the date coverage would have otherwise terminated. After the
				first payment, monthly payments for COBRA coverage are due on the first day of
				the month for that month's coverage. A grace period of 30 days after the first
				day of the month will be provided for each monthly payment.
4. Coverage under this section will continue
				until the earliest of the following:
a.
				failure to pay the applicable premium timely;
b. 18 months from the date coverage would
				have otherwise terminated;
c.
				entitlement to Medicare;
d. date
				coverage begins under a group health plan; or
e. the employer ceases to provide any group
				health plan coverage for its employees.
5. If employment for a covered employee is
				terminated (voluntarily or involuntarily) or significantly reduced, the
				enrollee no longer meets the definition of an employee, or a leave of absence
				has expired, and the employee has not elected to continue coverage, the covered
				dependents may elect to continue coverage at his/her/their own expense. The
				elected coverage will be subject to the above-stated notification and
				termination provisions.
Louisiana Administrative Code › Title 32 - EMPLOYEE BENEFITS › Part I - General Provisions › Chapter 5 - Uniform Provisions-Plan Administration › Section I-501 - Claims

Current through Register Vol. 50, No. 6, June 20, 2024
A. To obtain the
				highest level of benefits available, the plan participant should always verify
				that a provider is a current network provider in the enrollee's plan of
				benefits before the service is rendered.
B. For OGB plan of benefits reimbursements, a
				claim shall include:
1. enrollee's
				name;
2. name of patient;
3. name, address, and telephone number of the
				provider of care;
4.
				diagnosis;
5. type of services
				rendered, with diagnosis and/or procedure codes that are valid and current for
				the date of service;
6. date and
				place of service;
7.
				charges;
8. enrollee's plan of
				benefits identification number;
9.
				provider tax identification number;
10. Medicare explanation of benefits, if
				applicable.
Louisiana Administrative Code › Title 32 - EMPLOYEE BENEFITS › Part I - General Provisions › Chapter 5 - Uniform Provisions-Plan Administration › Section I-503 - Right to Receive and Release Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. To the extent permitted by federal or
				state law, OGB or its contractors may release to or obtain from any company,
				organization, or person, any information regarding any person which OGB or its
				contractors deem necessary to carry out the provisions of any OGB plan, or to
				determine how, or if, they apply. Any claimant under any OGB plan shall furnish
				OGB or its contractors with any information necessary to implement this
				provision. OGB or its contractors shall retain information for the minimum
				period of time required by law. After such time, information may no longer be
				available.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:801(C) and
				  802(B)(1).
Louisiana Administrative Code › Title 32 - EMPLOYEE BENEFITS › Part I - General Provisions › Chapter 5 - Uniform Provisions-Plan Administration › Section I-505 - Automated Claims Adjusting

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any OGB plan
				of benefits may utilize commercially licensed software that applies all claims
				against its medical logic program to identify improperly billed charges and
				charges for which an OGB plan of benefits provides no benefits. Any claim with
				diagnosis or procedure codes deemed inadequate or inappropriate will be
				automatically reduced or denied. Providers accepting assignment of benefits
				cannot bill the plan participant for the differential on the denial amount, in
				whole or in part.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:801(C) and
				  802(B)(1).