Louisiana Administrative Code

A. Within a reasonable period of time before making an eligible rollover distribution, the executive director or the assistant executive director of the fund shall provide a written explanation to the recipient of such a distribution explaining the following: 1. the provisions un…

A. A PACE organization shall be licensed as an adult day health care (ADHC) provider. B. If a PACE organization uses their own staff to provide personal care attendant (PCA) services to PACE participants, the PACE organization shall acquire a home and community‒based services (HC…

A. These regulations are promulgated under authority of the Tanning Facility Regulation Act comprising R.S. 40:2701 through 2719 (Act No. 587 of 1990), as amended by Act No. 193 of 2014.

A. Effective July 1, 2013 and continuing through June 30, 2015, as provided by R.S. 11:1588(A) actuarial equivalent shall be defined by using the following assumptions. 1. Interest shall be compounded annually at the rate of 7.5 percent per annum. a. For single life option factor…

A. These rules are promulgated by the board to provide for and implement its authority and responsibility to administer and defend the Patient’s Compensation Fund pursuant to the Louisiana Medical Malpractice Act (the Act), R.S. 40:1299.41-1299.48.

A. LAFA officers shall be a chairman, vice-chairman, and secretary who shall serve terms of one year but may be elected for an indefinite number of terms. B. After the initial election of officers, the officers shall be elected at LAFA's regular meeting during the first quarter o…

A. The provisions of the Act relating to definitions, words and terms are hereby incorporated by reference and made a part hereof and will therefore apply and govern the interpretation of these regulations, unless the context otherwise requires or unless specifically redefined in…

A. The purpose of these regulations is: 1. to establish an agreement for providing governmental services and resources in preparation for, response to and recovery from any disaster resulting in a formal declaration of emergency; and 2. to provide an easily accessible source of i…

A. In order to qualify for ABA-based therapy services, a Medicaid recipient must meet the following criteria. The recipient must: 1. be from birth up to 21 years of age; 2. exhibit the presence of excesses and/or deficits of behaviors that significantly interfere with home or com…

A. All applications for permits to drill wells for oil or gas or core test wells below the fresh water sands shall be made on Form MD-10-R or revisions thereof, and mailed or delivered to the district office. These applications, in duplicate, shall be accompanied by three copies …

A. The purposes and intent of this program are to provide the maximum opportunity for small entrepreneurships to become so certified as small entrepreneurships and thereby become eligible to participate in a competitive modern business economy, to facilitate their access to state…

A. The board shall be domiciled in Baton Rouge, Louisiana. It shall hold its regular meeting on the first Thursday of each month, or, in the case of a state or federal holiday, an alternative day within the 45-day window. Special meetings may be called upon giving three days' adv…

A. All rules of the board shall be adopted, amended or repealed in accordance with the Administrative Procedure Act. B. The board, on its own motion or in response to the petition of any interested person, may request the adoption, amendment, or repeal of a rule pursuant to R.S. …

A. Any interested person may, pursuant to R.S. 49:953(C), request the commission to adopt, amend, or repeal a rule (rule change) that the commission has the authority to make. B. A request for a rule change shall be in writing and shall contain the following information: 1. a dra…

A. Any person required to be licensed or permitted by the department by authority of the Louisiana Gaming Control Law, 1996 Acts, First Extraordinary Session, Number 7, enacting R.S. 27:1 et seq., and whose license or permit, or the renewal thereof, has been denied by the departm…

A. Number and Qualifications of Board Members. The board shall consist of 20 members, unless R.S. 51:923 is amended to provide for a different number of board members. Fifteen members shall be appointed by the governor from among representatives of the major economic groups withi…

A. The following definitions shall apply in this Part. Direct Rollover―a payment by the plan to the eligible retirement plan specified by the distributee. Distributee―includes an employee or former employee. In addition, the employee's or former employee's surviving spouse and th…

A. The Office of Preventive and Public Health Services (OPPHS) shall entertain petitions for declaratory orders and rulings as to the applicability of any statutory provision, the enforcement of which is under the jurisdiction of this agency, or any rule or order of this agency, …

A. As provided under R.S. 11:1402(8), actuarial equivalent shall be defined using the following assumptions. 1. Interest shall be compounded annually at the rate of 7 1/2 percent per annum. 2. Annuity rates shall be determined on the basis of RP2000 combined healthy table set bac…

A. For the purposes of these rules, the following definitions apply. Act—the Louisiana Workers' Compensation Law, Chapter 10, R.S. 23. Carrier—unless otherwise indicated, insurance companies, self-insured employers and group self-insured employers. Clerk—the clerks of the distric…

A. These rules are adopted pursuant to R.S. 39:140-143 and R.S. 39:1751-1755.

A. Voice evaluation or voice therapy coverage is excluded from the Title XIX Medical Assistance Program. This includes instructions in use and hygiene of the voice as treatment for vocal cord nodules or hoarseness, and related conditions, unless it is serious enough to interfere …

A. The words defined herein shall have the following meanings when used in these Rules and Regulations for this Subpart. All other words used and not defined shall have their usual meanings unless specifically defined in Title 38 of the Louisiana Revised Statutes. Aquifer―a groun…

A. In accordance with R.S. 49:953(C)(1), any interested person may petition an agency to adopt a new rule, or to amend or repeal an existing rule. B. To petition an agency within the Division of Administration for changes to the agency’s current rules, or for the adoption of new …

A. The chairman is authorized to exercise all powers and authority of the board except that the chairman shall not: 1. enter into contracts in excess of $100,000; 2. adopt rules; 3. enter into the casino operating contract on behalf of the Louisiana Gaming Control Board, provided…

A. Unless otherwise provided by the statutes, rules and regulations of the office of conservation, financial security shall be required by the operator of record (operator) pursuant to this Section for each applicable well as further set forth herein in order to ensure that such …

At Risk Population―people who fall within the following non-exclusive categories: 1. those without means of personal transportation; 2. the infirm who are not living in a public or private health care facility; 3. nursing home residents; 4. private hospital patients; 5. other spe…

A. All new retirees and beneficiaries are required to have their monthly benefits electronically deposited into an account at a financial institution. B. To facilitate electronic payment of benefits, a retiree/beneficiary must provide a copy of their Social Security card, name, c…

A. A PACE organization must have a fiscally sound operation, as demonstrated by: 1. total assets greater than total unsubordinated liabilities; 2. sufficient cash flow and adequate liquidity to meet obligations as they become due; and 3. a net operating surplus or a financial pla…

These regulations replace in their entirety the following rules, regulations, and/or orders. A. "A Regulation Requiring the Submission of Reports for the Discharge of Industrial Waste and for the Construction or Alteration of Treatment Works"―adopted August 1, 1951. B. "Rule Rela…

A. Accounting for JTPA funds must be on an accrual basis in accordance with generally acceptable accounting principles. In accordance with §627.430(g)(2) of the regulations, a recipient/subrecipient shall not be required to maintain a separate bank account but shall separately ac…

A. Definitions. As provided in R.S. 11:1635(E), the following definitions are provided or revised. 2009 RMDs of a Participant or Beneficiary⎯amounts that the participant or beneficiary would have been required to receive as a required minimum distribution under IRC §401(a)(9) for…

A. The board shall perform the duties and functions as authorized by the provisions of these regulations and the regulatory authority with respect to the regulation of sports wagering as provided by R.S. 27:1 et seq.

A. General Statement. All client information is confidential. All personal information in the possession of the state agency shall be used only for purposes directly connected with the administration of the program. B. Notification to Clients. Individuals asked to supply the agen…

A. By reference, all of the definitions set forth and contained in Chapter 13 of Title 49 of the Louisiana Revised Statutes, inclusive, are incorporated herein, and for the purpose of hearings to be held hereunder, the following definitions shall prevail.. Applicant―the employer …

A. The Patient’s Compensation Fund is a special fund established by R.S. 40:1299.44, funded by surcharges paid by private health care providers enrolled with the fund, to provide just compensation to patients suffering loss, damages, or expense as the result of professional malpr…

A. These regulations supersede and replace PPM 63 (LAC 4:V.Chapter 25) and all other previous regulations and exceptional permissions, both written and verbal. Any exclusion request shall be submitted to the commissioner through the state fleet manager for consideration. Any excl…

A. The provisions of regulations promulgated under the State Food, Drug and Cosmetic Act with respect to the doing of any Act shall be applicable also to the causing of such Act to be done. B. The definitions and interpretation of terms contained in Section 602 of the Louisiana F…

A. When used in these regulations, the following terms shall have meanings as set forth below. Certification―the determination that a business qualifies for designation as a small and emerging business. Deputy Secretary―the deputy secretary of Louisiana Economic Development. Depu…

A. Home health agencies must comply with the following requirements as condition for participation in the Medicaid Program. 1. The home health agency must provide to the bureau, upon request, the supporting documentation verifying that the recipient meets the medical necessity cr…

A. Members of the board shall serve without compensation. Each member shall be entitled to reimbursement for the actual and necessary expenses incurred in the performance of official duties.

A. Terms not otherwise defined in this Chapter shall have the same meaning given to them in R.S. 39:2171 et seq., unless the context clearly requires otherwise. B. In this Chapter, the following terms shall have the meanings provided herein, unless the context clearly indicates o…

A. When used in these regulations, the following terms shall have meanings as set forth below. Applicant―an individual, firm or business that seeks to be certified as a small entrepreneurship. Certification―the determination and acknowledgement that a business qualifies for desig…

A. As provided in R.S. 11:1457(C), the following definitions are revised. 2009 RMDs of a Participant or Beneficiary⎯amounts that the participant or beneficiary would have been required to receive as a required minimum distribution under IRC §401(a)(9) for the 2009 distribution ca…

A. This rule provides for the filing and prompt disposition of requests for declaratory orders and rulings as to the applicability of any statutory provision or as to the applicability of any rule or order of the commission, as required by R.S. 49:962 and 49:963(D). B. A request …

Act⎯Tanning Facility Regulation Act, unless the text clearly indicates a different meaning. All definitions and interpretations of terms given in the Act shall be applicable also to such terms when used in these regulations. Authorized Agent⎯an employee of the department designat…

A. The department is authorized to take enforcement action by imposing civil penalties against any entity that has a license, permit or casino contract, for violation of the provisions of the Louisiana Riverboat Economic Development and Gaming Control Act, R.S. 27:41 et seq., the…

A. The board shall perform the duties and functions as authorized by the provisions of these regulations and the regulatory authority with respect to the regulation of fantasy sports contests as provided by R.S. 27:15.

A. The following forms are prescribed for use as required by the Workers' Compensation Act and these rules. 1. Form LW-WC-IA-1, Employer's First Report of Injury or Illness, shall be filed with the employer's insurer when required by R.S. 23:1306. Failure to file this form as req…

A. Although an open meeting may be scheduled as in-person, the Wildlife and Fisheries Commission shall provide for participation via electronic means on an individualized basis by people with disabilities. B. People with disabilities are defined as a person with a disability reco…