Louisiana Administrative Code

A. Mobile food establishments, mobile retail food stores/markets and pushcarts shall operate from a commissary or other fixed food establishment and shall report at least daily to such location for all supplies and for all cleaning and servicing operations. B. The commissary or o…

A. Mobile frozen dessert units shall comply with LAC 51:VII.2711.

A. Mobile frozen dessert units shall comply with LAC 51:VII.2711.

A. Depots for mobile frozen dessert units shall comply with LAC 51:VII.2713.

A. Depots for mobile frozen dessert units shall comply with LAC 51:VII.2713.

A. Description and Intent of the Laboratory Accreditation Program 1. These regulations provide requirements for an accreditation program specifically applicable to commercial laboratories, wherever located, that provide chemical analyses, analytical results, or other test data to…

A. When used in these rules and regulations, the following words and phrases shall have the meanings ascribed to them below. Accreditation―the formal recognition by the department of a laboratory's competence wherein specific tests or types of tests can be accurately and successf…

A. Bond Release Application and Contents. The permittee or any person authorized to act on his behalf may file an application with the office for release of all or part of the performance bond. 1. Applications may only be filed at times or seasons that allow the office to evaluat…

A. The office may release all or part of the bond for the entire permit area or all or part of an incremental area if the office is satisfied that all the reclamation or a phase of reclamation, as defined in §4503.E, covered by the bond or portion thereof has been accomplished. B…

Produced Water―water that is obtained by processing fluids brought to the surface in conjunction with the recovery of oil and gas from underground geologic formations. Produced Water Injection Project―project approved in accordance with R.S. 47:633.5 and the rules adopted herein …

A. A 30-day notice and a public hearing shall be required as per rules of procedure for conducting hearings before the Commissioner of Conservation, LAC 43:XIX.3901, R.S. 30:5(C) and R.S. 30:6. In addition to any exhibits and testimony that may be necessary supporting compliance …

A. Immediately after the commencement of incremental production and before any such incremental production shall be eligible for the reduction of severance tax, the unit operator shall petition the Commissioner of Conservation to issue a Supplemental Order establishing the beginn…

A. The LEA shall ensure that its licensed and unlicensed behavioral health practitioners are employed according to the requirements specified under IDEA. B. An LEA shall ensure that individual practitioners are in compliance with Medicaid qualifications, Department of Education B…

A. The purpose of this regulation is to establish the statutory prohibitions on the use of medical information including pregnancy tests, genetic tests and related genetic test information by health insurers, third-party administrators, and insurance agents.

A. This regulation is issued pursuant to the authority vested in the Commissioner of Insurance under R.S. 22:11, 22:971, 22:258, 22:242(7), 22:1964(22) and (23), 22:1022, and 22:1023 of the Insurance Code.

Collection―obtaining a DNA sample or samples for the purpose of determining inherited or individual characteristics that can be utilized to predict the development of medical conditions in the future. Collection shall not mean diagnostic or medical treatment information about an …

A. Except as otherwise specifically provided, the requirements of this regulation apply to all issuers of health care policies or contracts of insurance, or health maintenance organization subscriber agreements issued for delivery in the state of Louisiana. The requirements of th…

A. Any insurer shall be authorized to request medical information that verifies the pregnancy of an insured or individual applying for coverage under a health benefit plan. The results of any prenatal test, other than the determination of pregnancy, shall not be used as the basis…

A. A general authorization for the release of medical records or medical information shall not be construed as an authorization for disclosure of genetic information. No insurer shall seek to obtain genetic information from an insured or applicant or from a DNA sample, without fi…

A. No insurer shall require an applicant for coverage under a policy or plan, or an individual or family member who is presently covered under a policy or plan, to be the subject of a genetic test, release genetic test information, or to be subjected to questions relating to the …

A. The requirements of this Section shall not apply to the genetic information obtained: 1. by a state, parish, municipal, or federal law enforcement agency for the purposes of establishing the identity of a person in the course of a criminal investigation or prosecution; 2. to d…

A. Except in documented emergencies, all equipment, supplies and services described herein, except those specifically noted, must have prior written authorization of the carrier/self-insured employer before reimbursement will be made. Claimants should be notified of this requirem…

A. All equipment, supplies and related services must be pre-authorized for reimbursement to be made. Services and equipment must be provided by providers who have qualified professional support staff to install and monitor the equipment, such as registered nurses, licensed practi…

A. Only those services specifically listed in the section of this manual entitled "Maximum Reimbursement Allowances" are covered. Charges billed under the code for unlisted services or equipment will be reviewed prior to any pricing. Charges for items under this code that were no…

A. Maximum allowable reimbursement for compensable professional respiratory therapy services will be based upon the lesser of the provider's charge or the allowance indicated in the Office of Workers' Compensation administration's CPT code reimbursement manual listing of medical …

A. As outlined in 7 CFR part 246, LA WIC has the responsibility to maximize the use of available funds by providing WIC-approved food items to WIC participants at the most reasonable prices and to have an agreement with enough vendors to ensure adequate participant access. LA WIC…

A. LA WIC must enter into written agreements with all vendors. The agreements must be for a period not to exceed three years. By signing the agreement, a vendor understands and agrees to the conditions enumerated and/or referenced in the vendor rules and regulations. B. A vendor …

A. Only authorized WIC vendors may transact WIC benefits. B. LA WIC will establish a vendor peer group system, place vendors into peer groups, and set allowable reimbursement levels for each peer group for the purpose of cost containment. If an above-50-percent (A-50) vendor is n…

A. Pattern of Incidences. 1. WIC federal regulations at 7 CFR §246.12(I)(2)(i) mandate that state agency sanction(s) must be based on a pattern of violative incidences. 2. Federal guidance from the USDA WIC Vendor Management and Food Delivery Handbook (Sept. 2017, section 9.1.2.,…

A. Some adverse actions taken by LA WIC that affect vendors or vendor applicants may be subject to administrative review, if appealed. B. LA WIC shall provide written notification of the adverse action, the procedures to follow to request an administrative review (full or abbrevi…

A. The vendor application, the vendor agreement, and the WIC vendor guide shall be provided for review to any interested party by submission of an e-mail request to LAWICVendor@la.gov.

A. The purpose of this Chapter is to: 1. provide for the development, establishment, and enforcement of statewide standards for the imposition of sanctions pursuant to state statutes against healthcare facilities in the state of Louisiana that have violations of federal or state …

Administrative Reconsideration—for purposes of this Chapter, also known as an informal reconsideration. Class A Violation—a violation of a rule or regulation that creates a condition or occurrence relating to the maintenance and/or operation of a facility which results in death o…

A. Any health care facility found to be in violation of any state or federal statute, regulation, or any department rule, adopted in accordance with the APA, governing the administration and operation of the facility may be sanctioned as provided in this Chapter. B. Unless otherw…

A. Class A Violations 1. Civil fines for class A violations shall not exceed $2,500 for the first violation and shall not exceed $5,000 per day for repeat violations. 2. The aggregate fines assessed for class A repeat violations shall not exceed $20,000 in any one calendar month.…

A. The department may impose the sanction of “denial of Medicaid payment” with respect to any individual admitted to or provided services by a facility for any violation of statute, rule or regulation including, but not limited to: 1. a violation of a rule or regulation that crea…

A. The department may impose the sanction of “denial of new admissions.” Denial of new admissions prohibits a new client from being admitted to a facility or any new client from receiving services from a facility during the term of the sanction. B. The department may impose the s…

A. The department may impose the sanction of removal from the freedom of choice list to a facility placed on a freedom of choice list. LDH may impose this sanction for any violation including, but not limited to: 1. a violation of a rule or regulation that creates a condition or …

A. The department may impose the sanction of transfer of resident(s), patient(s), or client(s) receiving services provided by a facility. This sanction may be imposed for any violation of statute, rule or regulation including but not limited to: 1. a violation of a rule or regula…

A. Unless otherwise provided by federal or state law, the department may impose a suspension of a license if the department determines that the violations committed by the facility pose an imminent or immediate threat to the health, welfare or safety of its resident(s), patient(s…

A. The department may impose the sanction of monitoring. The facility is responsible for the cost of the monitoring. B. Monitoring may be imposed: 1. when the facility is noncompliant with any law, statute, rule or regulation and is in the process of correcting deficiencies to ac…

A. The department may require special staffing for the facility. B. Special staffing may include, but is not limited to: 1. a consultant on client assessments or care planning; 2. an additional licensed nurse to provide treatments; 3. a consultant dietician; 4. a consultant pharm…

A. The department may require the immediate appointment of a temporary manager, at the facility’s expense, to: 1. oversee the operation of the facility; and 2. ensure the health, safety, and welfare of the facility’s resident(s), patient(s), or client(s). B. Temporary management …

A. The department may deny an application to renew a license or may revoke a license pursuant to the process and procedures contained in the department’s statutory and promulgated licensing standards applicable to each facility. B. Voluntary Non-Renewal 1. If a facility fails to …

A. Unless otherwise provided in the licensing standards or other promulgated state rule or regulation, the following notice and appeal procedures are applicable to all sanctions imposed by the department pursuant to a Louisiana state statute or regulation. B. Notice to Facility o…

A. Any party may appear and be heard at an appeal proceeding through an attorney at law or designated representative. A designated representative must file a written notice of appearance on behalf of the facility identifying him/herself by name, address and telephone number, and …

A. The decision to impose a sanction(s), except those classified as immediate, is final when: 1. an administrative appeal is not requested within the specified time limit; 2. the facility agrees to pay the fine or to comply with the sanction; 3. the administrative appeal affirms …