Louisiana Administrative Code

A. Disposal of Hazardous Used Oils. Used oils that are identified as a hazardous waste and cannot be recycled in accordance with this Chapter must be managed in accordance with the hazardous waste management requirements of LAC 33:V.Subpart 1. B. Disposal of Nonhazardous Used Oil…

A. The use of used oil as a dust suppressant is prohibited.

A. The Refugee Resettlement Program is established in accordance with applicable Sections of 45 CFR.

B. A permittee may request reduction of the required performance bond amount upon submission of evidence to the office proving that the permittee's method of operation or other circumstances will reduce the maximum estimated cost to the office to complete the reclamation responsi…

A. The amount of the bond for surface coal mining and reclamation operations shall be $10,000, at a minimum, for the entire area under one permit and be sufficient to assure performance of reclamation, restoration and abatement work required of a person who conducts surface coal …

A. The amount of the performance bond liability applicable to a permit shall be adjusted by the office as the acreage in the permit area is revised, methods of mining operation change, standards of reclamation change or when the cost of future reclamation, restoration or abatemen…

A. An order may be issued by the chairman, or at the direction of the chairman, the supervisor or his designee when circumstances necessitate action to protect the public health, safety, welfare or the interests of the state of Louisiana. The chairman, or at the direction of the …

b. The applicant shall provide copies of its latest federal and state tax returns. 4. The actions, inactions, and anticipated actions and inactions of the applicant are consistent with, and not contrary to, any Comprehensive Master Coastal Protection Plan or any Annual Plan adopt…

A. This Chapter sets forth the standards and procedures for certification of state or national land conservation organizations by the secretary for purposes of R.S. 31:149 and R.S. 41:1702. B. The purposes of this Chapter are to establish objective standards and procedures for de…

A. The following definitions shall apply for purposes of this Chapter, unless specifically defined otherwise. Applicant—a nonprofit entity, recognized under 26 U.S.C. §§501(c)(3) and 170 as being organized and operated as a public charitable organization, that seeks certification…

a. If information is requested, the certified land conservation organization shall provide the requested information within 30 days after receipt of the request. b. If interviews of the certified land conservation organization's board, officers, or staff members are requested, th…

A. An applicant seeking certification shall submit an application to the department in writing. 1. The application shall state the means by which the applicant satisfies each of the requirements of §4107.A. Documents required under §4107.A shall be attached to the application. 2.…

A. Every certified land conservation organization shall submit a report to the department contact each year within 30 days after the anniversary of the effective date of the certification. Such report shall contain a statement of the following. 1. Any change of status of the orga…

A. The secretary may revoke a certification for any of the following reasons: 1. violation by the certified land conservation organization of or failure to continue to satisfy any requirement under §4107.A; 2. substantial change in any of the considerations under §§4107.B or 4107…

A. All certifications issued by the secretary prior to the effective date of these regulations shall remain in full force and effect until three years after the effective date of these regulations. Any such certification expires automatically on that date, unless the certified la…

A. Any applicant or certified land conservation organization aggrieved by a substantive decision made pursuant to the provisions of this Chapter may seek administrative review through the department. B. A request for administrative review under this Section shall be submitted to …

A. An applicant or certified land conservation organization may seek judicial review of the final decision of the Division of Administrative Law under §4117 in accordance with the Administrative Procedure Act, R.S. 49:950 et seq. and the Division of Administrative Law Act, R.S. 4…

A. The Corporate Tax Apportionment Program (the “program”) extends the single sales factor computation for corporate income and franchise tax purposes utilized by manufacturers and merchandisers to other qualified business sectors. The secretary (“secretary”) of the Louisiana Dep…

A. The secretary may invite a business to participate in the program, upon determining the business meets all of the following criteria: 1. at least 50 percent of the total annual sales of the business from its Louisiana site or sites is to out-of-state customers or buyers, or to…

A. Contract. The secretary shall determine the terms and conditions of the contract, including performance obligations. B. Approval 1. The secretary may request approval of the contract by the Joint Legislative Committee on the Budget upon determining that: a. the business meets …

A. Upon application by a qualified business, and LED’s determination that the business continues to meet eligibility requirements and contract performance obligations, the secretary may renew the contract for an additional period of up to 20 years. LED shall submit a copy of the …

A. The qualified business must submit certification (signed by a key employee of the business) that it continues to meet all eligibility requirements of the program as well as all performance obligations of the contract by September 1 of each year unless the contract designates a…

A. If any Section or provision of this Chapter is held invalid, such invalidity shall not affect other provisions of this Chapter. Any provision of this Chapter that is in conflict with R.S. 51:4401 or any other statute will be invalid and will be severable.

A. Durable medical equipment (DME) refers to those items which can withstand repeated use, are primarily used to serve a medical purpose, are generally not useful to a person in the absence of illness, injury or disease, and are appropriate for use in the claimant's home. 1. Cove…

A. Whenever the total of prospective rental payments for the period of medical need as stated by the prescribing physician equals or exceeds the maximum purchase price as set by the Office of Workers' Compensation Administration, the DME provider, prescribing physician and carrie…

A. Benefits are not provided for equipment repair or maintenance by the carrier/self-insured employer. The repair or maintenance of rented DME is the responsibility of the DME supplier at no additional charge to the claimant. The carrier/self-insured employer is responsible for D…

A. All initial claims for the rental or purchase of DME must be filed with a statement of medical necessity. The authorized physician should supply the durable medical equipment provider with a prescription stating the medical necessity for such services with the claimant's diagn…

A. Durable Medical Equipment State of Louisiana Office of Workers' Compensation Schedule of Maximum Allowances for Durable Medical Equipment HCPCS Description Purchase New Purchase Used Rental E0100 Cane, adj/fixed, w/tip $26 $21 $7 E0105 Cane, quad/three prong $61 $47 $9 E0110 C…

A. Each state owned and operated hospital in the state shall establish, operate, and maintain a rape crisis center, such centers to be operated and administered from such funds as are provided for the operation and administration of the applicable hospitals. B. Each rape crisis c…

Applicant―any person, partnership, corporation, unincorporated association or other legal entity currently operating, or planning to operate, any of the health care facilities or providers licensed by the Department of Health. Applicant Representative―the person specified by the …

A. Any person, partnership, corporation, unincorporated association or other legal entity currently operating, or planning to operate, any of the health care facilities or providers licensed by the department may seek an expedited licensing process as provided for in this Chapter…

A. Requests for expedited licensing applications shall be submitted to the LDH Health Standards Section (HSS) on the forms indicated for that purpose, containing such information as the department may require, and shall be accompanied by the specified fee as established in Paragr…

A. The fees associated with the expedited licensing process shall be assessed according to the following tiers. 1. Tier 1. Expedited licensing fee is set at $7,000. 2. Tier 2. Expedited licensing fee is set at $6,000. 3. Tier 3. Expedited licensing fee is set at $5,000. B. Tier 1…

A. If an applicant provider or facility submits an expedited licensing process application and pays all applicable fees in the required manner, the department shall prioritize the application. After priority review of the application, the department shall: 1. notify the applicant…

A. Once the expedited licensing application packet has been approved, the department shall conduct the expedited licensing survey within 10 working days of the readiness date indicated by the applicant provider or facility, or such other time period to which the provider has agre…

A. The department shall refund the expedited licensing process fee amount paid by an applicant provider or facility if the survey is not conducted within the time periods specified in §4111.A, unless such failure to conduct the survey is due to the unavailability of the facility …

Indirect Ownership—an ownership interest, in whole or in part, through some other entity. Managed Care Provider—any provider participating in the Medicaid program through enrollment with one or more of the State’s Managed Care Organizations. For the purposes of this Chapter, the …

Department—the Department of Health inclusive of the BHSF director and the program integrity unit section chief. Discover—the date a reasonably prudent person should have obtained knowledge or become aware of the facts in question. Division of Administrative Law (DAL)—the divisio…

A. In addition to the definitions provided for in R.S. 46:437.3, and unless otherwise provided, the following terms shall mean: Affiliate—any person who has a direct or indirect relationship or association with a provider. A person is a presumed affiliate if the person: a. direct…

A. No person may waive or alter a requirement or condition established by statute. B. Unless provided for in the regulation, any requirements or conditions imposed by a regulation may only be waived or modified through formal promulgation of a new or amended regulation. C. Only t…

A. The department or other health oversight agency may review any payments the Medicaid program makes to providers. This is inclusive of any payments the managed care organizations make to any managed care providers. The PIU will administer the review process within the departmen…

A. Incorrect claim submissions are “material” when the incorrect submissions are five percent or more of the universe of claims under review. B. Either party may use statistical sampling to determine materiality.

A. A SVRS may be used to extrapolate the number of violations and/or the amount of an overpayment. B. If the department chooses to extrapolate, the department’s notice of action shall describe: 1. the sampled claims universe; and 2. the extrapolation method used to derive the num…

A. Investigations, pre-payment, post-payment, and compliance reviews are conducted at the discretion of the department or other health oversight agency. They may be initiated without cause and require no justification. B. Unless consent is obtained from the investigating agency, …

A. The department may require a provider’s claims be subject to a pre-payment or post-payment review. B. The decision to implement a pre-payment or post-payment review is not a sanction, cannot be appealed, and is not subject to an informal hearing. C. Pre-payment and post-paymen…

A. The department or a health oversight agency may conduct a compliance investigation. A compliance review ensures the provider conducts its business in conformity with the Medicaid program’s laws, rules, regulations, and sub-regulatory guidance. B. A compliance review may be ini…

A. The department may require a provider to conduct a self-audit of its claims submissions and supporting documentation. The self-audit shall be conducted in the manner the department instructs. B. A direction to conduct a mandatory self-audit is not a sanction and is not subject…