Louisiana Administrative Code

A. The following acts are prohibited and shall be considered grounds for administrative action to be taken against firms, persons and/or employees committing such: 1. charging a customer for work that was not performed; 2. misrepresenting oneself and/or one's firm to a customer, …

A. The State Fire Marshal or his designated representative, shall make, or cause to be made, from time to time, inspections of a firm's physical locations, vehicles or job sites to verify required certificates, employee lists, employee licenses, business records and insurances, e…

A. The State Fire Marshal may refuse the issuance or renewal of, suspend, or revoke a certificate of registration, or license and impose administrative penalties, if, after notice, as provided for by the Administrative Procedures Act, it is found that a person, certified firm, or…

A. If any provision of these rules or the application thereof to any firm, person, employee or circumstance is held invalid for any reason, the invalidity shall not affect the other provisions or any other application of these rules which can be given effect without the invalid p…

A. The office adopts by reference in their entirety those copyrighted codes or standards enumerated in LAC 55:V:103 published by and available from the National Fire Protection Association, Inc.(NFPA), Batterymarch Park, Quincy, Massachusetts, 02268. A copy of the codes and stand…

A. This office approves Underwriters Laboratories, Inc., Factory Mutual Research Corporation, the United States Testing Company, Inc. and Intertek-ETL as nationally recognized testing laboratories for the purpose of these rules.

A. Each certified firm location shall be required to possess the equipment, tools, NFPA codes, standards and manufacturer's UL listed installation and service manuals necessary to properly certify, inspect, install, integrate, maintain or service the systems or equipment for whic…

A. No special locking system requiring plan submittal in accordance with R.S. 40:1574 et seq., shall be installed prior to submitting plans with required documentation and receiving authorization to install such system from the Plan Review Section of the Office of State Fire Mars…

A. All electrical contractors who have met all requirements and passed a prescribed written examination based upon National Fire Protection Association (NFPA) Code 70, the National Electrical Code, that has been given either by a recognized political subdivision of the State of L…

A. Marking of vehicles. All service vehicles owned or operated by firms or their employees used for regulated activities, as defined by R.S. 40:1664.1 et seq., and these Rules shall have the firm name, firm certificate number and firm telephone number permanently inscribed, paint…

A. Prior to acceptance by a state agency of any offer of donation of immovable property, that offer shall be submitted in writing to the Commissioner of Administration or his designee for evaluation in accordance with §3202 of these rules and shall be reviewed and approved in ful…

A. The Commissioner of Administration or his designee shall evaluate proposed donations of immovable property submitted pursuant to these rules and shall determine whether such proposed donations are in the best interest of the state. B. In conducting an evaluation pursuant to th…

A. When the Commissioner of Administration or his designee determines that a proposed donation, including any terms and conditions of such donation negotiated pursuant to §3202.D of these rules, is in the best interest of the state, he or she shall prepare a written report, which…

A. The Commissioner of Administration or his designee shall, on a quarterly basis, submit to the House Committee on Natural Resources and the Senate Committee on Natural Resources a report identifying any proposed donations that the Commissioner of Administration or his designee …

A. DHH reserves the right to reject a request for Title XIX participation, impose sanctions or terminate participation status when an ICF/MR: 1. fails to abide by the rules promulgated by DHH; 2. fails to obtain compliance or is otherwise not in compliance with Title VI of the Ci…

A. When DHH imposes a sanction on a health care provider, it will give the provider written notice of the imposition. The notice will be given by certified mail and will include the following: 1. the nature of the violation(s) and whether the violation(s) is classified as a repea…

A. Fines are final when: 1. an appeal is not requested within the specified time limits; 2. the facility admits the violations and agrees to pay the fine; or 3. the administrative hearing affirms DHH's findings of violations and time for seeking judicial review has expired. B. Wh…

A. When ICF/MRs are not in compliance with the requirements set forth in the ICF/MR Standards for Payment, DHH may impose sanctions. Sanctions may involve: 1. withholding of vendor payments; 2. civil fines; 3. denial of payments for new admissions; or 4. nonfinancial measures suc…

A. Public Law 95-142, dated October 25, 1977, permits the federal government's Health Care Financing Administration (HCFA) to impose a fine and/or imprisonment of facility personnel for illegal admittance and retention practices. HCFA is also authorized to terminate an agreement …

A. When the secretary of DHH determines that additional staffing or staff with specific qualifications would be beneficial in correcting deficient practices, DHH may require a facility to hire additional staff on a full-time or consultant basis until the deficient practices have …

A. Withholding of Vendor Payments. DHH may withhold vendor payments in whole or in part in the following situations, which are not all inclusive. 1. Delinquent Staffing Report. When the ICF/MR provider fails to timely submit a required, completed staffing report. After DHH notifi…

A. Louisiana R.S. 40:2199 authorized DHH to impose monetary sanctions on those health care facilities found to be out of compliance with any state or federal law or rule concerning the operation and services of the health care provider. 1. Any ICF/MR found to be in violation of a…

A. An ICF/MR may voluntarily or involuntarily lose its participating status in the Medical Assistance Program. B. Reasons for Decertification of an ICF/MR 1. The ICF/MR may voluntarily withdraw from the program for reasons of its own. The owner and administrator will submit a wri…

A. Written Plans. ICFs/MR shall have written procedures complete with instructions to be followed in the event of an internal or external disaster such as fire or other emergency actions, including: 1. specifications of evacuation routes and procedures; 2. instructions for the ca…

A. Intermediate care facilities for individuals with intellectual disabilities (ICFs/IID) are required to file annual cost reports to the bureau in accordance with the following instructions. 1. Each ICF/IID is required to report all reasonable and allowable costs on a regular fa…

A. Resident per diem rates are calculated based on information reported on the cost report. ICFs/IID will receive a rate for each resident. The rates are based on cost components appropriate for an economic and efficient ICF/IID providing quality service. The resident per diem ra…

A. The department shall establish temporary Medicaid reimbursement rates of $352.08 per day per individual for a 15-bed private ICF/IID community home and $327.08 for an 8-bed private ICF/IID community home that meet the following criteria. The community home: 1. shall have a ful…

A. An ICAP must be completed for each recipient of ICF/IID services upon admission and while residing in an ICF/IID in accordance with departmental regulations. B. Providers must keep a copy of the recipient’s current ICAP protocol and computer scored summary sheets in the recipi…

A. ICAP scores and assessments will be subject to review by LDH and its contracted agents. The reviews of ICAP submissions include, but are not limited to: 1. reviews when statistically significant changes occur within an ICAP submission or submissions; 2. random selections of IC…

A. Each ICF/IID shall file an annual facility cost report and a central office cost report. B. ICF/IID shall be subject to financial and compliance audits. C. All providers who elect to participate in the Medicaid Program shall be subject to audit by state or federal regulators o…

A. Providers with disclaimed audits and providers with cost reports for other than a 12-month period will be excluded from the database used to calculate the rates. B. Providers who do not submit ICAP scores will be paid at the Intermittent level until receipt of ICAP scores.

A. The reimbursement to non-state ICFs/IID for hospital leave of absence days is 85 percent of the current applicable per diem rate. B. The reimbursement for leave of absence days is 100 percent of the applicable per diem rate. 1. A leave of absence is a temporary stay outside of…

A. Private (non-state) intermediate care facilities for individuals with intellectual disabilities (ICFs/IID) may receive an add-on payment to the per diem rate for providing complex care to Medicaid beneficiaries, when medically necessary. The add-on payment shall be a flat fee …

A. Effective for providers active and Medicaid certified as of September 1, 2019; a one-time lump sum payment will be made to intermediate care facilities for individuals with intellectual disabilities (ICFs/IID). B. Methodology 1. Payment will be based on each provider’s specifi…

A. Medicaid payments to state-owned and operated intermediate care facilities for persons with developmental disabilities are based on the Medicare formula for determining the routine service cost limits as follows: 1. calculate each state-owned and operated ICF/IID’s per diem ro…

A. Medicaid payment to quasi-public facilities is a facility-specific prospective rate based on budgeted costs. Providers shall be required to submit a projected budget for the state fiscal year beginning July 1. B. The payment rates for quasi-public facilities shall be determine…

A. Effective October 1, 2012, the department shall establish a transitional Medicaid reimbursement rate of $302.08 per day per individual for a public ICF/IID facility over 50 beds that is transitioning to a private provider, as long as the provider meets the following criteria: …

A. Within 30 days after the applicant or permittee is notified of the final decision of the office concerning the application for the permit, revision or renewal thereof, permit, application for transfer, sale or assignment of rights, or concerning an exploration or development o…

A. Any applicant or any person with an interest which is or may be adversely affected and who has participated in the administrative proceedings as an objector shall have the right to appeal as provided in §3303.B, if: 1. the applicant or person is aggrieved by the decision of th…

A. The intent of the Angel Investor Tax Credit Program Act of 2011 (Act 414 of 2011; R.S. 47:6020, the provisions of which shall hereinafter be referred to as "Act 414") is to enhance the entrepreneurial business environment and raise ready sources of capital for this environment…

A. Terms not otherwise defined in this Chapter shall have the same meaning given to them in R.S. 47:6020 unless the context clearly requires otherwise. B. In this Chapter, the following terms shall have the meaning provided in this Section, unless the context clearly requires oth…

A. An accredited investor shall meet the definition established by Rule 501 in Regulation D of the General Rules and Regulations promulgated under the Securities Act of 1933, which may include but not be limited to the following: 1. an angel pool (which may be a limited liability…

A. A Louisiana Entrepreneurial Business shall be defined as those businesses approved by the department under Act 414 and that meet the following requirements. 1. A business shall provide the department with a business plan that includes all appropriate long and short term foreca…

A. The following rules shall be applicable to qualified investments by accredited investors in Louisiana entrepreneurial businesses. 1. For calendar year 2011, the department will begin accepting applications on September 1, and for all other calendar years, the department will b…

A. Act 125 of the 2015 Regular Session of the Louisiana Legislature makes the following changes to the Angel Investor Tax Credits from July 1, 2015 until June 30, 2018: 1. credits shall be reserved and issued at a rate of 25.2 percent of the investment amount in the LEB and credi…

A. The Department of Health and Human Resources, Office of Family Security will discontinue accepting applications for its general assistance program with the benefits currently being paid phased out and will eliminate all expenditures under the program no later than June 30, 198…

Act—Part I, Chapter 1 of Title 30 of the Louisiana Revised Statutes. Active Cavern Well—a solution-mining well or cavern that is actively being used, or capable of being used, to mine minerals, including standby wells. The term does not include an inactive cavern well. Applicatio…