Louisiana Administrative Code

5. Plurality (Item 4A – Specify Single, Twin, etc.). Enter the appropriate term. 6. Order (Item 4B – Specify Order). If not a single birth, enter "first born," "second," etc. If not applicable, enter "not applicable" or leave blank. 7. Birth Weight (Item 5). Enter the weight as s…

A. Section—"This Child" 1. Last Name (Item 1A) a. Enter the child's last, first, and middle names as required R.S. 40:34. b. Enter the full name of the childe exactly as given by the parent(s). c. Generation indicator's such as Jr. and II shall be entered immediately following th…

A. In addition to requirements set forth in R. S. 40:45B, registration shall occur in the parish health unit with the person in attendance appearing in proper person.

A. Section—Personal Data of Deceased 1. Last Name (Item 1A). Enter the surname of the deceased. Identifications, e.g., Jr. II, III, etc., shall appear immediately following and as a part of the surname. The surname of a married women may be either her maiden name or that of her h…

A. The marriage license/certificate shall be prepared in duplicate for those issued in Orleans parish (PHS-5) and in triplicate for those issued in other parishes (PHS-5). At the point of license issue, the original and souvenir copy shall be provided to the bride and groom. Upon…

A. Burial transit permits shall be issued as required by R.S. 40:52, 40:53 and prepared as set forth in Chapter XXVI of the Sanitary Code, state of Louisiana. B. The burial transit permit shall be issued only on forms provided by the State Registrar of Vital Records and shall con…

A. Procedure of Notice of Parental Rights 1. Prior to the final disposition of a miscarried child, but not more than 24 hours after the miscarriage occurs in a health facility, the facility shall notify the patient, or if the patient is incapacitated, the spouse of the patient, b…

A. The self-direction initiative is a voluntary, self-determination option which allows the participant to coordinate the delivery of children’s choice services, as designated by OCDD, through an individual direct support professional rather than through a licensed, enrolled prov…

A. All behavioral health services must be medically necessary. The medical necessity for services shall be determined by a licensed mental health practitioner or physician who is acting within the scope of his/her professional license and applicable state law. B. All services sha…

A. The Medicaid Program may reimburse a therapeutic group home for the following services: 1. screening and assessment services; 2. therapy services (individual, group, and family whenever possible); 3. on-going psychiatric assessment and intervention as needed; and 4. skill-buil…

A. Definitions. When used in this Chapter the following terms and phrases shall have the following meanings unless the context requires otherwise. Abeyance of Nursing Facility Beds—a situation in which a nursing facility (NF), if it meets certain requirements, may have all (but n…

A. In accordance with the provisions of the American Recovery and Reinvestment Act of 2009, the department establishes a Medicaid electronic health record (EHR) incentive payment program to provide payments to eligible professional practitioners and hospitals that adopt, implemen…

A. Professional practitioners shall qualify for Medicaid incentive payments when: 1. services are rendered to the required number of patients based on the Medicaid patient volume threshold; and 2. the meaningful use requirements are met for EHR systems, based on the participation…

A. Hospitals shall qualify for Medicaid incentive payments when: 1. services are rendered to the required number of patients based on the Medicaid patient volume threshold; and 2. the meaningful use requirements are met for EHR systems, based on the participation year of the prog…

A. Each provider of TGH services shall enter into a contract with one or more of the MCOs in order to receive reimbursement for Medicaid covered services. Providers shall meet the provisions of this Rule, the provider manual, and the appropriate statutes. B. All services shall be…

A. The purpose of this regulation is to set forth standards to protect active duty service members of the United States Armed Forces from dishonest and predatory insurance sales practices by declaring certain identified practices to be false, misleading, deceptive or unfair. B. N…

A. This regulation shall apply only to the solicitation or sale of any life insurance or annuity product by an insurer or insurance producer to an active duty service member of the United States Armed Forces.

A. This regulation is promulgated by the Commissioner of Insurance pursuant to authority granted under the Louisiana Insurance Code, Title 22, §22:1 et seq., particularly 22:3, and the Unfair Trade Practices Law, see Title 22, §1211, and specifically §1214.(1)(a).

A. This regulation shall not apply to solicitations or sales involving: 1. credit insurance; 2. group life insurance or group annuities where there is no in-person, face-to-face solicitation of individuals by an insurance producer or where the contract or certificate does not inc…

A. For the purposes of this regulation the following terms shall have the meaning ascribed herein, unless the context clearly indicates otherwise. Active Duty―full-time duty in the active military service of the United States and includes members of the reserve component (Nationa…

A. The following acts or practices when committed on a military installation by an insurer or insurance producer with respect to the in-person, face-to-face solicitation of life insurance are declared to be false, misleading, deceptive or unfair: 1. knowingly soliciting the purch…

A. The following acts or practices by an insurer or insurance producer constitute corrupt practices, improper influences or inducements and are declared to be false, misleading, deceptive or unfair: 1. submitting, processing or assisting in the submission or processing of any all…

A. If any provision of these Sections or the application thereof to any person or circumstance is held invalid for any reason, the invalidity shall not affect the other provisions or any other application of these Sections which can be given effect without the invalid provisions …

A. This regulation shall become effective upon final publication in the Louisiana Register and shall apply to acts or practices committed on or after the effective date.

A. An application for license may be made by either party, (both parties need not be present.). One of the applicants must be a resident of Orleans parish or the marriage ceremony must be performed in Orleans Parish in accordance with R.S. 9:222. B. A 72-hour waiting period is re…

A. When it develops that a license was issued in Orleans parish and a record of the marriage is not on file in the registry, the procedure appearing below shall be followed in the order listed. 1. Should the officiant have the original record of marriage in his possession, the re…

A. Regulation 94 is issued pursuant to the authority vested in the commissioner pursuant to the provisions of R.S. 49:953 et seq., of the Administrative Procedure Act; R.S. 22:3 and R.S. 22:1426.

A. The purpose of Regulation 94 is to implement the provisions of Acts 2007, No. 323 of the Regular Session of the Louisiana Legislature, which mandates that insurers provide an actuarially justified premium discount for insureds who build or retrofit a structure to comply with t…

A. Regulation 94 applies to authorized property and casualty insurers required to submit rates and rating plans for residential property insurance to the Louisiana Department of Insurance. B. Regulation 94 does apply to modular homes. C. Regulation 94 does not apply to commercial…

A. As used in Regulation 94, these terms shall have the following meaning ascribed herein unless the context clearly indicates otherwise. Certification Form—a form prepared by an insurer, approved by the department, and subsequently completed and signed by the insured, wherein th…

A. All residential property insurers shall include their plan for actuarially justified discounts in their first rate filing made with the department after March 31, 2008. Every residential property insurer shall make a new rate filing with the department in accordance with R.S. …

A. A discount plan submitted to the department should consider wind mitigation studies conducted by other states and may consider other alternative studies found acceptable by the department.

A. In determining actuarially justified discounts, an insurer shall consider the following mitigation improvements and/or construction techniques that have been demonstrated to reduce the amount of loss from windstorm or hurricane: 1. building design code; 2. roof bracing; 3. sec…

A. The Model Certification Form in §12721, Appendix A provides the minimum mitigation items and construction techniques that must be considered for actuarially justified discounts. B. Any insurer that intends to supplement the Model Certification Form with additional mitigation i…

A. The insured has the obligation to provide the insurer with the appropriate documentation to verify eligibility for an actuarially justified discount under the provisions of R.S. 22:1426 and Regulation 94. The insurer may require that the insured provide the insurer with the fo…

A. In furtherance of Regulation 94, each insurer shall be responsible to ensure that its producers and authorized representatives are knowledgeable and prepared to properly inform insureds about the actuarially justified discounts available for insureds who build or retrofit a st…

Louisiana Hurricane Loss Mitigation Survey Form Instructions: The homeowner/policyholder shall complete Section I. A qualified inspector shall complete Section II and sign Section III. Section I: Insured Information To be completed by Insurer: Insurer: _______________ Policy Numb…

A. If any Section or provision of this regulation or the application to any person or circumstance is held invalid, such invalidity or determination shall not affect other Sections or provisions or the application of this regulation to any persons or circumstances that can be giv…

A. This regulation shall become effective upon final publication in the Louisiana Register. This regulation shall apply to all newly filed rates filed after March 31, 2008.

A. The department or its fiscal intermediary shall make monthly capitation payments to the MCOs. The capitation rates paid to the MCOs shall be actuarially sound rates and the MCOs will determine the rates paid to its contracted providers. No payment shall be less than the minimu…

A. In-state publicly and privately owned and operated therapeutic group homes shall be reimbursed according to the MCO established rate within their contract.

A. Out-of-state therapeutic group homes shall be reimbursed for their services according to the rate established by the MCO. B. Payments to out-of-state TGH facilities that provide covered services shall not be subject to TGH cost reporting requirements.

A. When appearing in proper person, burial transit permits may be purchased at a cost of two dollars by licensed funeral directors and embalmers, as well as others authorized to do so by the state health officer acting as permitted by R. S. 40:5 when the conditions listed hereinu…

A. State residents who are low income individuals who are not covered under the state Medicaid program or another third party payor, whose state Medicaid program of another third party payor, whose state Medicaid program does not provide this coverage, shall be targeted as recipi…

A. The purpose of long term-personal care services (LT-PCS) is to assist individuals with functional impairments with their daily living activities. LT-PCS must be provided in accordance with an approved service plan and supporting documentation. In addition, LT-PCS must be coord…

A. LT-PCS are defined as those services that provide assistance with the distinct tasks associated with the performance of the activities of daily living (ADLs) and the instrumental activities of daily living (IADLs). Assistance may be either the actual performance of the persona…

A. Personal care services shall be available to recipients who are 65 years of age or older, or 21 years of age or older and have a disability. Persons with a disability must meet the disability criteria established by the Social Security Administration. B. Recipients must meet t…

A. Recipients who receive services under the Long-Term Personal Care Services Program have the right to actively participate in the development of their plan of care and the decision-making process regarding service delivery. Recipients also have the right to freedom of choice in…

A. In order to participate as a personal care services provider in the Medicaid Program, an agency: 1. must comply with: a. state licensing regulations; b. Medicaid provider enrollment requirements; c. the standards of care set forth by the Louisiana Board of Nursing; and d. any …

A. All staff providing direct care to the recipient must meet the qualifications for furnishing personal care services per the licensing regulations. The direct service worker shall demonstrate empathy toward the elderly and persons with disabilities, an ability to provide care t…