Louisiana Administrative Code

A. All information provided by a milk producer or milk handler to LDAF or to other state or federal agencies and any information received by LDAF from other state or federal agencies that is declared by the milk producer or milk handler to be proprietary or trade secret informati…

A. For the purpose of use tax levied by local political subdivisions, storage means the keeping or retention of tangible personal property for use or consumption within the local taxing jurisdiction. An analysis of whether or not a taxable storage event has occurred within a loca…

A. Transactions involving specific pieces of property imported by the purchaser into the taxing jurisdiction, which have written documentation, i.e., invoices, purchase orders, etc., clearly labeled (earmarked for exclusive use outside the taxing jurisdiction) for transshipment o…

A. Property that comes to rest in the taxing jurisdiction which has been documented for exclusive use outside the taxing jurisdiction may also be excluded from use tax if the purchaser obtains a Temporary Storage Tax Exemption Certificate from the collector prior to or at the tim…

A. Transactions in which title and possession of tangible personal property are transferred within a local taxing jurisdiction are clearly sales at retail and these transactions are not eligible for the temporary storage exclusion. Sales tax is due regardless of whether a Tempora…

A. Telemedicine/telehealth is the use of an interactive audio and video telecommunications system to permit real time communication between a distant site health care practitioner and the beneficiary. There is no restriction on the originating site (i.e., where the beneficiary is…

A. Medicaid covered services provided via telemedicine/telehealth shall be identified on claim submissions by appending the appropriate place of service or modifier to the appropriate procedure code, in line with current policy.

A. In the event that the federal or state government declares an emergency or disaster, the Medicaid Program may temporarily cover services provided through the use of an interactive audio telecommunications system, without the requirement of video, if such action is deemed neces…

A. These rules and regulations may be cited in abbreviated fashion as follows: LAC 16:III.Chapter 5. B. In accordance with R.S. 51:1405(B), these rules and regulations shall not conflict with the constitution of this state and shall be interpreted giving due consideration to the …

A. Definitions. For the purpose of this Section, the following definitions shall apply. Chain Distributor Scheme―a sales device whereby a person, upon a condition that he make an investment, is granted a license or right to recruit for profit one or more additional persons who al…

A. Prohibited magazine and periodical subscription service sales practices shall include: 1. soliciting or accepting subscriptions for magazines or other periodicals without authority to sell same or which cannot be delivered or caused to be delivered within 90 days; or 2. requir…

A. Bait advertising is any representation or offer to sell any goods or services in any manner or by any means of communication, which representation has the effect of luring consumers to the location of the goods or services represented, or which induces consumers to contact the…

A. Definition. For the purpose of this rule the following definition shall apply. Endorsement or Testimonial―any message in advertising or by oral representation by the seller, his employee, or his agent, that conveys to the consumer views favorable to the product or service adve…

A. Definition. For the purpose of this rule the following definition shall apply. Old, Used, or Secondhand Merchandise―any commodity sold in the ordinary course of trade and commerce which has been previously subjected to the use for which it was intended, provided that this Sect…

A. Definition. For the purpose of this rule the following definition shall apply. Distressed Goods―consumer goods which are defaced, scratched, dented, damaged, or have been subjected to conditions that alter their original state, such as fire damage or damage from a natural disa…

A. Definitions. For the purpose of this rule the following definitions shall apply. Charitable Organization―a group which is or holds itself out to be benevolent, civic, recreational, educational, voluntary health, social service, philanthropic, fraternal, humane, patriotic, reli…

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. e…

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 deter…

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 d…

A. A plan participant’s rights and benefits under any OGB plan of benefits are personal to him/her. B. The OGB self-funded plan, as amended, including the schedule of benefits, together with the application for coverage and any related documents executed by or on behalf of the en…

A. When payments that should have been made under an OGB plan of benefits, have been made by another group health plan, OGB may pay to the other plan the sum proper to satisfy the terms of the enrollee’s OGB plan benefits.

A. If an overpayment occurs, OGB retains the right to recover the overpayment. The plan participant, institution, or provider receiving the overpayment must return the overpayment. At OGB's discretion, the overpayment may be deducted from future claims. Should legal action be req…

A. Upon payment of any eligible benefits covered under an OGB plan of benefits, OGB shall succeed and be subrogated to all rights of recovery of the plan participant or his/her heirs or assigns for whose benefit payment is made and he/she shall execute and deliver instruments and…

A. OGB will administer its self-funded plans in accordance with the plan terms, state and federal law, and OGB's established policies, interpretations, practices, and procedures. OGB will have maximum legal discretionary authority to construe and interpret the terms and provision…

A. OGB has the statutory responsibility of providing life, health, and other benefit programs to the extent that funds are available. OGB reserves the right to terminate, amend, or make adjustment to the eligibility and benefit provisions of any OGB plan or any plan benefits from…

A. Eligible expenses are the charges incurred for the services, drugs, supplies, and devices covered by the applicable plan of benefits, when performed, prescribed, or ordered by a physician or other authorized provider under a plan of benefits and medically necessary for the tre…

A. If any provision or item of these rules or the application thereof is held invalid, such invalidity shall not affect other provisions, items, or applications of these rules which can be given effect without the invalidated provisions, items, or applications and to this end the…

A. It is the purpose of this regulation to insure statewide compliance with privacy and security regulations by requiring all recipients of criminal history record information from primarily affected agencies to sign user's agreements, and to provide for the minimum terms and con…

A. Every primarily affected agency, excluding official custodians of court records, shall, prior to disseminating criminal history record information to any criminal justice agency which is not otherwise bound by the Louisiana privacy and security regulations, require such an age…

A. Every primarily affected agency, excluding official custodians of court records, shall, prior to disseminating criminal history record information to an eligible noncriminal justice agency which is not otherwise bound by the Louisiana privacy and security regulations, require …

A. An eligible noncriminal justice agency, for purposes of this Part, shall constitute every noncriminal justice agency receiving access to criminal history records on a regular and recurring basis or on any basis other than the established procedures under the Louisiana Public R…

A. Whenever a primarily affected agency, excluding official custodians of court records, signs a user's agreement with an otherwise non affected agency, the primarily affected agency shall immediately forward a copy of the signed user's agreement to the Privacy and Security Commi…

A. Every primarily affected agency or secondarily affected agency, excluding courts, which enters into an agreement permitting an eligible agency access to criminal history record information shall employ LCLE-Privacy and Security Form No. 7 for the purpose of fulfilling the obli…

A. The objective of these proposed rules and regulations is to designate additional voter registration agencies as required by R.S. 18:116(A)(2).

A. The following offices are hereby designated as voter registration agencies: 1. all public colleges and universities; 2. all public high schools; 3. all private colleges and universities with their permission; 4. all private high schools with their permission; and 5. all munici…

A. Voter registration at all public colleges and universities will be implemented no later than June 30, 1995. Voter registration at all public high schools will be implemented by no later than August 31, 1995. Implementation will begin for private colleges, universities, high sc…

A. Scope. The provisions of this Chapter shall govern the materials, design, and installation of water heaters. B. Working Pressure Identification. All storage tanks and water heaters shall be clearly and indelibly marked showing the allowable safe working pressure. C. Water Heat…

A. Electric Water Heaters. Electric residential water heaters shall comply with UL 174. B. Gas Water Heaters. Automatic storage type gas water heaters with inputs of 75,000 Btuh (22 kW), or less shall comply with ANSI Z21.10.1 or CSA 4.1. Circulating tank, instantaneous and large…

A. Water heaters installed in residential occupancies may be sized in accordance with the following Table 505. Table 505 Minimum Capacities For Water Heaters1,2 Number of Bathrooms 1 to 1.5 2 to 2.5 3 to 3.5 Number of Bedrooms 1 2 3 2 3 4 5 3 4 5 6 First Hr Rating Gal. 42 54 54 5…

A. Water heaters (using solid, liquid or gas fuel) with the exception of those having direct vent systems, shall not be installed in bathrooms and bedrooms or in a closet with access only through a bedroom or bathroom. However, water heaters of the automatic storage type may be i…

A. A shutoff valve shall be provided in the cold water branch line to each water storage tank or each water heater, on the same floor within 3 feet of the heater. Full port ball valve shut-offs on cold water branch lines to 2 inches or full port ball or resilient wedge-type shut-…

A. Anti-Siphon and Vacuum Relief Devices. Anti-siphon and vacuum relief devices shall be provided and installed in accord with the following. 1. Means acceptable to the plumbing official shall be provided to prevent siphoning of any water heater or tank to which any water heater …

A. Solar energy systems used for heating potable water or using an independent medium for heating potable water shall comply with the applicable requirements of this code. The use of solar energy shall not compromise the requirements for cross connection or protection of the pota…

A.1. The objective of these rules and regulations is to promote safe and efficient boiler practices for the construction, repair, alteration, operation and inspection of all boilers, and to provide for inspection during fabrication, assembly, modification, repair or alteration of…

A.1. The rules and regulations herein promulgated apply to all boilers subject to the provisions of the Louisiana Revised Statutes of 1950, Title 23, Chapter 5, Part III, Sections 531 through 545, (Except boilers exempted by R.S. 23:540), and to those pressure vessels that are re…

Act―regulations affecting boilers, as enacted, amended and reenacted by the Legislature of Louisiana, herein referred to as the Louisiana Revised Statutes of 1950, Title 23, Chapter 5, Part III, Sections R.S. 23:531 through R.S. 23:545. Alteration―a change in any item described o…

A. No boiler shall be installed in this state unless it has been constructed, inspected and stamped in conformity with the ASME Code and registered with the National Board except: 1. those exempt by the Act; 2. those existing installations (see §5003.Definitions); 3. those potabl…