Louisiana Administrative Code

A. An Ethics Adjudicatory Board member shall voluntarily recuse himself and withdraw from any adjudication in which he cannot accord a fair and impartial hearing or consideration, when required by applicable rules governing the practice of law in Louisiana or for other good cause…

A. The panel shall select a chief administrative law judge, from its members, who will preside over the hearings and coordinate the docket of the panel. B. The determination of the majority of the panel in a particular case shall be the determination of the Ethics Adjudicatory Bo…

A. When a decision of the Ethics Adjudicatory Board is appealed to the Court of Appeal, First Circuit, copies of the motion for appeal shall be served upon DAL and all parties of record. B. DAL shall prepare the record on appeal after the appellant pays the costs pursuant to §305…

A. The provisions of this rule on expedited review of financing purchases of movables shall be applicable to such purchases that meet the criteria set forth in LAC 71:III.1103.

A. In order for the proposed financing to be eligible for the expedited review process, all of the following criteria must be met and certified in writing by an authorized agent of the governmental entity seeking approval under the expedited review process. 1. The movables must b…

A. The governmental entity shall submit the following documents for approval under this rule: 1. the resolution of the governmental entity authorizing the indebtedness; 2. a copy of the governmental entity's current budget, showing budgeted excess revenues pursuant to R.S. 33:292…

A. On an as needed basis the staff of State Bond Commission shall mail to the commission members a notice of all such requests submitted to the commission staff that meet the criteria for approval under the rule, and that are scheduled for approval by the executive director. Each…

A. The Children’s Health Insurance Program Reauthorization Act (CHIPRA) of 2009, Public Law No. 111-3, established provisions which allowed states to rely on a finding from an Express Lane agency to more effectively reach out and enroll eligible but uninsured children in the Medi…

A. The department shall rely on the findings from an Express Lane agency to satisfy one or more of the eligibility components (regardless of any differences in the income budget unit, disregards, deeming of income or other methodologies) required to make an eligibility determinat…

A. The department may initiate and determine Medicaid eligibility based on data from sources other than the child (or the child’s family) without an application form; however, a child can only be automatically enrolled for coverage if the: 1. child or family consents to being enr…

A. Notwithstanding any other provisions of law, Express Lane agencies in possession of data directly relevant to Express Lane eligibility determinations shall convey such data to the department and shall ensure that the individual (or his parent, guardian, caretaker relative, aut…

A. The board of trustees may adopt fees for various services provided to members through the retirement system. B. The board of trustees should recoup the amount of fees charged by the system’s actuary for member calculations. At the discretion of the director, members may not be…

A. This Chapter applies to owners and operators of all petroleum or motor fuel underground storage tank (UST) systems except as otherwise provided in this Section. B. Owners and operators of petroleum or motor fuel UST systems are subject to these requirements in accordance with …

A. Owners of petroleum or motor fuel underground storage tanks shall comply with the applicable requirements of this Chapter. Previously deferred UST systems shall comply with the requirements of this Chapter according to the schedule in LAC 33:XI.801.

A. When used in this Chapter, the following terms shall have the meanings given below. Accidental Release—any sudden or nonsudden release of petroleum arising from operating an underground storage tank that results in a need for corrective action and/or compensation for bodily in…

A. Owners or operators of petroleum or motor fuel underground storage tanks shall demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of…

A. Subject to the limitations of Subsection B of this Section, an owner or operator may use any one or combination of the mechanisms listed in LAC 33:XI.1111-1125 to demonstrate financial responsibility under this Chapter for one or more underground storage tanks. B. An owner or …

A. An owner or operator, and/or guarantor, may satisfy the requirements of LAC 33:XI.1107 by passing a financial test as specified in this Section. To pass the financial test of self-insurance, the owner or operator, and/or guarantor shall meet the criteria of Subsection B or C o…

A. An owner or operator may satisfy the requirements of LAC 33:XI.1107 by obtaining a guarantee that conforms to the requirements of this Section. The guarantor shall be as described in either Paragraph 1 or 2 of this Subsection. 1. The guarantor is a firm that: a. possesses a co…

A. An owner or operator may satisfy the requirements of LAC 33:XI.1107 by obtaining liability insurance that conforms to the requirements of this Section from a qualified insurer or risk retention group. Such insurance may be in the form of a separate insurance policy or an endor…

A. An owner or operator may satisfy the requirements of LAC 33:XI.1107 by obtaining a surety bond that conforms to the requirements of this Section. The surety company issuing the bond shall be among those listed as acceptable sureties on federal bonds in the latest Circular 570 …

A. An owner or operator may satisfy the requirements of LAC 33:XI.1107 by obtaining an irrevocable standby letter of credit that conforms to the requirements of this Section. The issuing institution shall be an entity that has the authority to issue letters of credit in each stat…

The administrative authority was authorized by R.S. 30:2194-2195.10 to receive and administer the motor fuels underground storage tank trust fund (MFUSTTF) to provide financial responsibility for owners and/or operators of underground motor fuel storage tanks. Under the condition…

A. The Department of Health (LDH) establishes these minimum standards for participation as a fiscal employer agent (F/EA). These standards provide the core requirements for financial management services provided under home and community-based services waiver programs administered…

A. All F/EAs that provide financial management services must be certified through completion of a readiness review by LDH. It shall be unlawful to operate as an F/EA without being certified by LDH. B. In order to provide financial management services, the F/EA must: 1. be certifi…

A. A certification shall: 1. be issued only to the F/EA named in the certification application; 2. be valid only for the F/EA to which it is issued after all applicable requirements are met; 3. enable the F/EA to provide financial management services for OCDD and OAAS-administere…

A. A certification may be revoked or refused if applicable certification requirements, as determined by LDH, have not been met. Certification decisions are subject to appeal and fair hearing, in accordance with R.S. 46:107(A)(3).

A. Compliance with certification requirements is determined by LDH through its F/EA monitoring processes. Monitors must be given access to data upon request by LDH to ensure the F/EA continues to meet certification requirements.

A. The F/EA shall have an identifiable governing body with responsibility for and authority over its policies and activities. B. The F/EA shall have documents identifying all members of the governing body, their addresses, their terms of membership, and officers of the governing …

A. The F/EA shall have a business location which shall not be in an occupied personal residence. The F/EA must maintain the following at the business location: 1. staff to perform administrative functions; 2. direct service worker/employee personnel records; and 3. participant se…

A. The F/EA must establish a system of financial management and staffing to assure maintenance of complete and accurate accounts, books, and records in keeping with generally accepted accounting principles. B. The F/EA must not permit public funds to be paid, or committed to be p…

A. The F/EA shall have written policies and procedures approved by the owner or governing body which must be implemented and followed that address at a minimum the following: 1. confidentiality and confidentiality agreements; 2. security of files; 3. publicity and marketing, incl…

A. The F/EA must establish procedures to assure adequate communication among staff to provide continuity of services to the participant and to facilitate feedback from staff, participants, families, and when appropriate, the community. B. The F/EA must have brochures and make the…

A. Any entity wishing to provide F/EA services shall meet all of the standards for participation contained in this Rule, unless otherwise specifically noted within these provisions. B. The F/EA shall also abide by and adhere to any federal and state law, Rule, policy, procedure, …

A. The F/EA must comply with requirements for financial management services in self-direction including, but not limited to: 1. verifying qualifications of employers and support workers; 2. processing payroll, including applying applicable withholds and filing/paying all required…

A. Participant has the right to choose among the F/EAs certified by LDH and enrolled in the Louisiana Medicaid Program. This includes the right to transition to another F/EA. B. Upon notice by the participant or his/her authorized representative that the participant has selected …

A. F/EAs must maintain sufficient staff to comply with LDH regulations and policies for the self-direction program. The F/EA shall: 1. employ at least one staff member with a bachelor’s degree in accounting and five years of applicable experience, or a master’s degree in accounti…

A. Each F/EA’s written policies and procedures, at a minimum, shall ensure the employer’s right to: 1. confidentiality; 2. privacy; 3. impartial access to F/EA services regardless of race, religion, sex, ethnicity, or disability; 4. access to the interpretive services, translated…

A. The F/EA shall establish and follow a written grievance procedure to be used to process complaints by employers, their family member(s), or a legal representative that is designed to allow employers to make complaints without fear of retaliation. The written grievance procedur…

A. The F/EA must have an electronic visit verification (EVV) system in place that complies with the 21st Century Cures Act. The F/EA’s EVV system must verify the type of service provided, the individual receiving the service, the individual providing the service, date of service,…

A. The F/EA shall store employer/employee records securely and protected in accordance with HIPAA requirements at the F/EA’s place of business. B. F/EAs shall maintain employer and employee records for at least six years or longer when required by state or federal law.

A. The F/EA, regardless of the architecture of its systems, shall develop and be continually ready to invoke an all hazards plan to protect the availability, integrity, and security of data during unexpected failures or disasters (either natural or man-made) to continue essential…

A. F/EAs shall be monitored on an on-going basis as outlined in the performance agreement. B. F/EAs shall offer full cooperation with LDH during the monitoring process. C. Responsibilities of the F/EA in the monitoring process include, but are not limited to, providing policy and…

7. The F/EA shall ensure that its system is operated in compliance with the Centers for Medicare and Medicaid Services’ (CMS) latest version of the minimum acceptable risk standards for exchanges (MARS-E) document suite. 8. Multi-factor authentication is a CMS requirement for all…

A. All food shall be safe, unadulterated and honestly presented.

A. Food shall be obtained from sources that comply with law. Food prepared in a private home may not be used or offered for human consumption in any food establishment or retail food store/market. This Section shall not apply to any jellies, preserves, jams, honey and honeycomb p…

A. Food packages shall be in a good condition and protect the integrity of the contents so that the food is not exposed to adulteration or potential contaminants.

A. Packaged food shall be labeled as specified by law. All bulk food storage containers shall be properly labeled according to law.

A. All establishments that sell or serve raw oysters must display signs, menu notices, table tents, or other clearly visible messages at point of sale with either of the following wording: 1. "THERE MAY BE A RISK ASSOCIATED WITH CONSUMING RAW SHELLFISH AS IS THE CASE WITH OTHER R…

A. Food establishments that exclusively serve raw molluscan shellfish that have been subjected to a process recognized by the state health officer as being effective in reducing the bacteria Vibrio vulnificus to non-detectable levels may apply for an exemption from the mandatory …