349 sections in this chapter.
Chapter 1. General Provisions-109 Notice
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A. Notice by Mail. Under the provisions of Louisiana law or these rules, whenever notice is given to any member it shall not be construed to mean personal delivery of notice. Notice will be considered to be given in writing on the day the written notice is deposited in a post off…
Chapter 1. General Provisions-109 Waiver of the Electronic Funds Transfer Requirement
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A. LASERS may, at its option, issue paper checks in lieu of an Electronic Funds Transfer (EFT) to surviving minor children under R.S. 11:471 et seq., in order to avoid overpayments or other administrative issues associated with the payment of such benefits.
Chapter 1. General Provisions-109 Control and Management
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A. Description. An applicant firm's management and daily business operations must be controlled by an owner(s) of the applicant firm who has/have been determined to be a small and emerging business person. In order for a small and emerging business person to be found to control t…
Chapter 1. General Provisions-109 Consideration of a Rulemaking Petition
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A. Upon receipt, a rulemaking petition shall be forwarded to the promulgating agency for review. B. Within 90 days of receipt of the rulemaking petition, the agency shall either: 1. initiate rulemaking procedures to adopt a new rule, or to amend or repeal an existing rule; or 2. …
Chapter 1. General Provisions-109 Medicare Part B
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A. The Department of Health, Bureau of Health Services Financing pays the full co-insurance and the Medicare deductible on outpatient pharmacy claims for services reimbursed by the Medicaid Program for Medicaid recipients covered by Medicare Part B.
Chapter 1. General Provisions-109 Application for License
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A. Initial License 1. Forms Required to be Completed and Submitted a. OOL-1 Application. The facts specified in the application must be sworn and attested before a notary. All applications must be signed by the proposed licensee. b. OOL-2 Bond Form. In the amount of $5,000 execut…
Chapter 1. General Provisions-109 Projects Ineligible for Loans Funded with LAFA Bond Proceeds; Exceptions
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A. LAFA bonds may not be used for the following purposes, except as provided under this rule: 1. land acquisition, except that: a. 25 percent of a loan may be used to acquire non-farm land; and b. first-time farmers may utilize a maximum of $250,000 in loan proceeds to purchase l…
Chapter 1. General Provisions-109 Healthcare-Acquired and Provider Preventable Conditions
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A. Effective for dates of service on or after July 1, 2012, the Medicaid Program will not provide reimbursement for healthcare-acquired or provider preventable conditions which result in medical procedures performed in error and have a serious, adverse impact to the health of the…
Chapter 1. General Provisions-109 Cause of Act[Formerly 49:1.0035]
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A. Any regulation pertaining to the doing of any act shall also apply to the causing of such act to be done.
Chapter 1. General Provisions-109 Eligibility and Ineligibility
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A. Criteria for Eligibility 1. An individual is eligible for vocational rehabilitation services, if the individual: a. has a physical or mental impairment which for such individual constitutes or results in a substantial impediment to employment; and b. requires vocational rehabi…
Chapter 1. General Provisions-109 Compliance Penalty
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A. Unless otherwise provided for in the rules of the Office of Workers' Compensation, a person or entity that fails to comply with any rule or regulation adopted under the provisions of the Workers' Compensation Act may be penalized with a fine not to exceed $500. B. A person or …
Chapter 1. General Provisions-109 Casing Program
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A. Conductor Pipe. Conductor pipe is that pipe ordinarily used for the purpose of supporting unconsolidated surface deposits. The use and removal of conductor pipe during the drilling of any oil and gas well shall be at the option of the operator. B. Surface Casing 1. Where no da…
Chapter 1. General Provisions-109 Appeals to the Appeals Tribunal and Board of Review
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A. The party appealing from the agency's initial determination shall file a written appeal, setting forth information required therein within 15 days after date notification was given or was mailed to his last known address. B. It is hereby further provided that any communication…
Chapter 1. General Provisions-109 Disposition of Claim
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A. The board shall conduct such investigations, order such hearings and take such other actions as it finds necessary to make an intelligent decision on the claim. At least 30 days prior to the date of the board meeting at which a decision on the claim is to be made, all interest…
Chapter 1. General Provisions-109 Duties of Licensees, Permittees, and Applicants; Service
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A. Licensees, permittees, and applicants shall accept all correspondence from the board or division or hearing office. B. Licensees, permittees, and applicants shall notify the division in writing of all changes of address, phone number, or electronic mail address within 10 days …
Chapter 1. General Provisions-110 Quarterly Submissions
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A. Commencing with the issuance of any riverboat gaming operator license, the licensee shall submit on a quarterly basis to the board a statement of compliance with the applicant or licensee's previously submitted application or economic development plan as to those aspects of th…
Chapter 1. General Provisions-110 Information and Referral Services
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A. Purpose. The purpose of an expanded system of information and referral is as follows: 1. to ensure that individuals with disabilities who are not being served under LRS' Order of Selection receive accurate vocational rehabilitation information and guidance to assist such indiv…
Chapter 1. General Provisions-110 Plan Year
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A. The plan year for MERS shall be July 1-June 30.
Chapter 1. General Provisions-111 Restricted Work Notification
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A. Every employer of more than 10 employees who is subject to record keeping under the provisions of 29 U.S.C. Section 655 shall, within 90 days of any occupational death of an employee, any nonfatal occupational illness, or any nonfatal occupational injury involving either loss …
Chapter 1. General Provisions-111 Comprehensive Assessment
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A. Purpose 1. To make a determination of the employment-related needs of the individual with a disability. 2. To make a determination of the objectives, nature, and scope of vocational rehabilitation services required for development of the Individualized Plan for Employment (IPE…
Chapter 1. General Provisions-111 D. The board may, at its discretion, remand the case to the administrative law judge for the taking of such additional evidence as the board may direct. Notice thereof shall be given as provided in §111.
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D. The board may, at its discretion, remand the case to the administrative law judge for the taking of such additional evidence as the board may direct. Notice thereof shall be given as provided in §111. E. Either party may submit written briefs to the board for its consideration…
Chapter 1. General Provisions-111 Copayment
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A. Payment Schedule 1. A copayment requirement in the Pharmacy Program is based on the following payment schedule. Calculated State Payment Copayment $5.00 or less $0.00 $5.01 to $10.00 $0.50 $10.01 to $25.00 $1.00 $25.01 to $50.00 $2.00 $50.01 or more $3.00 2. The pharmacy provi…
Chapter 1. General Provisions-111 Contributions by Electronic Funds Transfer or Certified Check
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A. Under circumstances as determined by the executive director, LASERS may require agencies to submit employee and employer contributions by electronic funds transfer ("EFT") or certified check.
Chapter 1. General Provisions-111 Purchasing Procedures
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A. All purchases and leases of furniture, equipment, supplies, property, office and building space, capital improvements, and services shall be processed in accordance with procedures established by the recipient. All purchases of furniture, equipment, supplies, property, office …
Chapter 1. General Provisions-111 Diverter Systems and Blowout Preventers
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A. Diverter System. A diverter system shall be required when drilling surface hole in areas where drilling hazards are known or anticipated to exist. The district manager may, at his discretion, require the use of a diverter system on any well. In cases where it is required, a di…
Chapter 1. General Provisions-111 Interpretive Definitions
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A. As used in these rules and in the Act, the following terms are interpreted and deemed to have the meanings specified. Certified Nurse Assistant―a certified nurse aide certified by the Board of Examiners of Nursing Facility Administrators, pursuant to R.S. 37:2504, as amended. …
Chapter 1. General Provisions-111 Eligibility Requirements for Certification
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A. It is the responsibility of any business wishing to participate in the program to complete the required certification process. Failure to provide complete, true, or accurate data may result in rejection of the application. B. Certification in the SEBD Program is accomplished o…
Chapter 1. General Provisions-111 Effective Date
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A. These rules and regulations shall be in full force and effective as of the date of their promulgation except where specifically exempted within the text of these chapters.
Chapter 1. General Provisions-111 Coverage of Donor Human Breast Milk
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A. The Medicaid Program shall provide reimbursement to acute care hospitals for donor human breast milk provided to hospitalized infants. B. Reimbursement. Hospitals shall be reimbursed for donor human breast milk when obtained from a member bank of the Human Milk Banking Associa…
Chapter 1. General Provisions-111 Labeling Claims[Formerly 49:1.0040]
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A. The label or labeling of a product shall be deemed misleading if it makes a claim or statement concerning which there is a difference of opinion among experts, and fails to state that such a difference of opinion exists if there is a material weight of expert opinion contrary …
Chapter 1. General Provisions-111 Commencement of Hearings
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A. As authorized by R.S. 23:1378.C and these rules of practice and procedure, hearings may be instituted by the board on timely request by the applicant or, at any time, on the board's own motion. No request by the applicant for a hearing shall be effective unless it is made in w…
Chapter 1. General Provisions-111 Delivery of Documents
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A. All applications, notices and any other written communication or documentation required to be furnished to the board or division by any statutory provision, regulation or rule shall be submitted by U.S. mail, commercial carrier, electronic submission, hand delivery, or other b…
Chapter 1. General Provisions-111 Officers
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A. The officers of the board shall be elected by the members of the board and shall be a chairperson and a vice-chairperson and such other officers as the board shall consider necessary. There shall be no prohibition against officers succeeding themselves. 1. Chairperson. The cha…
Chapter 1. General Provisions-111 Maximum Amount of Agricultural Loans for Capital Expenditures
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A. Section 103(b)(6) of the code restricts use of tax-exempt bonds to small issues, which thereby limits the principal amount of the corresponding loans. To determine whether a bond is eligible under the established limits, the code requires that certain sums be added to the prin…
Chapter 1. General Provisions-111 Reporting Requirements
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A. Address Change 1. Any change in a licensed employment service's physical location must be reported in writing to the Office of Regulatory Services by the licensee(s) at least two weeks prior to such change. 2. A rider (original only) from the surety company affecting the new a…
Chapter 1. General Provisions-112 Petition for Agency Review of Rule
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A. All petitions for agency review made pursuant to R.S. 49:953(C) shall be in writing and shall contain the following information: 1. a copy of the rule change proposed, whether for adoption, amendment, or repeal; 2. a statement of the proposed action requested, whether the rule…
Chapter 1. General Provisions-112 Advertising
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A. Advertising media includes newspapers, magazines, radio and television programs, direct mail, trade papers, and the like. The advertising costs allowable are those which are solely for: 1. recruitment of personnel required for the grant program; 2. solicitation of bids for the…
Chapter 1. General Provisions-113 Prescription Limit
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A. Effective February 1, 2011, the Department of Health and Hospitals will pay for a maximum of four prescriptions per calendar month for Medicaid recipients. B. The following federally mandated recipient groups are exempt from the four prescriptions per calendar month limitation…
Chapter 1. General Provisions-113 Examinations
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A. Each individual named as a private employment service licensee, and each individual named as a private employment service manager and each individual named as an on-site consultant, shall demonstrate sufficient knowledge of the private employment service law, rules and regulat…
Chapter 1. General Provisions-113 Postponements, Continuances, Reopenings, and Rehearings
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A. Continuances or Postponements 1. A scheduled hearing may be postponed or continued by the administrative law judge for good cause, either upon his own motion or upon a showing of good cause by written request of a party, submitted to the administrative law judge whose name and…
Chapter 1. General Provisions-113 Request for Permission to Reapply
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A. A person who has been found unsuitable and/or whose license, permit, or approval has been revoked, in this state or in any other jurisdiction, may not apply for a license, permit, or approval or a finding of suitability for five years from the date there was a finding of unsui…
Chapter 1. General Provisions-113 Certification Application Procedure
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A. Applicant completes and submits an on-line application at www.ledsmallbiz.com to the SEBD office. B. The SEBD Program staff reviews the application and if it is found to be incomplete or further information is needed, the SEBD Program staff will contact applicant. If the appli…
Chapter 1. General Provisions-113 Standing Committees
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A. The board, by resolution adopted by a majority of the board then in office, may establish one or more standing committees, each which shall consist of three or more board members. Each committee shall have and exercise the authority of the board as contained within the resolut…
Chapter 1. General Provisions-113 Casing-Heads
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A. All wells shall be equipped with casing-heads with a test pressure in conformance with conditions existing in areas in which they are used. Casing-head body, as soon as installed shall be equipped with proper connections and valves accessible to the surface. Reconditioning sha…
Chapter 1. General Provisions-113 Guaranty[Formerly 49:1.0050]
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A. A guaranty or undertaking, referred to in Section 640 of the Act, shall be considered to have been given by each person signing such guaranty or undertaking.
Chapter 1. General Provisions-113 Coverage of Long-Acting Reversible Contraceptives
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A. The Medicaid Program shall provide reimbursement to acute care hospitals for long-acting reversible contraceptives (LARCs) provided to women immediately following childbirth and during the hospital stay. B. Reimbursement. Hospitals shall be reimbursed for LARCs as an add-on se…
Chapter 1. General Provisions-113 Individualized Plan for Employment (IPE)
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A. Purpose of the Individualized Plan for Employment (IPE). The Individualized Plan for Employment, hereafter referred to as IPE, and all subsequent amendments assure that each individual determined eligible for vocational rehabilitation services or determined appropriate for ext…
Chapter 1. General Provisions-113 Minimum Amount of Bonds/Agricultural Loans
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A. The minimum amount of loans originated by any one lender shall be $10,000. B. The minimum amount of a loan shall be $10,000.
Chapter 1. General Provisions-113 Severability
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A. If any provision of these rules, or the application or enforcement thereof, is held invalid, such invalidity shall not affect other provisions or applications of these rules which can be given effect without the invalid provisions or applications, and to this end the several p…
Chapter 1. General Provisions-113 Rollover of Refunds
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A. Qualified rollovers of accumulated employee contributions to be refunded may be made to two different accounts with a minimum of $500 to each account. Refunds of funds totaling less than $500 shall be limited to a single account.