Louisiana Administrative Code

An Advertisement―for the purpose of these rules shall include: 1. printed and published material, audio visual material, and descriptive literature of an insurer used in direct mail, newspapers, magazines, radio scripts, TV scripts, billboards and similar displays; and 2. descrip…

A. All information required to be disclosed by these rules shall be set out conspicuously and in close conjunction with the statements to which such information relates or under appropriate captions of such prominence that it shall not be minimized, rendered obscure or presented …

A. The format and content of an advertisement of an accident or sickness insurance policy shall be sufficiently complete and clear to avoid deception or the capacity or tendency to mislead or deceive. Whether an advertisement has a capacity or tendency to mislead or deceive shall…

A. Deceptive Words, Phrases or Illustrations Prohibited 1. No advertisement shall omit information or use words, phrases, statements, references or illustrations if the omission of such information or use of such words, phrases, statements, references or illustrations has the cap…

A. When an advertisement refers to either a dollar amount or a period of time for which any benefit is payable, or the cost of the policy, or specific policy benefit, or the loss for which such benefit is payable, it shall disclose the provisions relating to renewability, cancell…

A. Testimonials used in advertisements must be genuine, represent the current opinion of the author, be applicable to the policy advertised and be accurately reproduced. The insurer, in using a testimonial, makes as its own all of the statements contained therein, and the adverti…

A. An advertisement relating to the dollar amounts of claims paid, the number of persons insured, or similar statistical information relating to any insurer or policy shall not use irrelevant facts, and shall not be used unless it accurately reflects all the relevant facts. Such …

A. When a choice of the amount of benefits is referred to, an advertisement shall disclose that the amount of benefits provided depends upon the plan selected and that the premium will vary with the amount of the benefits selected. B. When an advertisement refers to various benef…

A. An advertisement shall not directly or indirectly make unfair or incomplete comparisons of policies or benefits or comparisons of non-comparable policies of other insurers, and shall not disparage competitors, their policies, services or business methods, and shall not dispara…

A. An advertisement which is intended to be seen or heard beyond the limits of the jurisdiction in which the insurer is licensed shall not imply licensing beyond those limits. B. An advertisement shall not create the impression, directly or indirectly, that the insurer, its finan…

A. The name of the actual insurer and the form number or numbers advertised shall be identified and made clear in all of its advertisements. An advertisement shall not use a trade name, any insurance group designation, name of the parent company of the insurer, name of a particul…

A. An advertisement of a particular policy shall not state or imply that prospective insureds become group or quasi-group members covered under a group policy and as such enjoy special rates or underwriting privileges, unless such is the fact.

A.1. An advertisement of an individual policy shall not directly or by implication represent that a contract or combination of contracts is an introductory, initial or special offer, or that applicants will receive substantial advantages not available at a later date, or that the…

A. An advertisement shall not contain statements which are untrue in fact, or by implication misleading, with respect to the assets, corporate structure, financial standing, age or relative position of the insurer in the insurance business. An advertisement shall not contain a re…

A. Advertising File. Each insurer shall maintain at its home or principal office a complete file containing every printed, published or prepared advertisement of its individual policies and typical printed, published or prepared advertisements of its blanket, franchise and group …

A. If any Section or portion of a Section of these rules, or the applicability thereof to any person or circumstance is held invalid by a court, the remainder of the rules, or the applicability of such provision to other persons or circumstances, shall not be affected thereby.

A. This rule shall become effective upon final publication.

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. Upon receipt, a rulemaking petition shall be forwarded to the promulgating agency for review. B. Within 90 days of receipt of the rulemaking petition, the agency shall either: 1. initiate rulemaking procedures to adopt a new rule, or to amend or repeal an existing rule; or 2. …

A. Applicability: Unless otherwise provided herein, this Rule shall apply to all public railroad grade crossings. B. The department evaluates railroad grade crossings in accordance with 23 CFR 646 relative to railroad-highway projects based upon the following criteria: 1. estimat…

A. Pursuant to the provisions of R.S. 48:390 and R.S. 48:390.1, any railroad or public agency may submit a formal application to the department requesting a variance from the requirements of that section relative to blockage of a public highway/railroad at-grade crossing for more…

A. In accordance with the provisions of R.S. 32:172, the department will assist local governing bodies in evaluation of public highway/railroad at-grade crossings which have no active warning devices for consideration of stop signs which would enhance the regulatory warning of th…

A. The following definitions shall apply for purposes of this Chapter, unless specifically defined otherwise. Amendment—any modification to the project, as described in an approved application including, but not limited to, changes in applicant, scope of the project, timeline for…

A. The Division of Historic Preservation shall charge an application fee for each rehabilitation project that is submitted. Application fees for a single rehabilitation project are as indicated. Qualified Rehabilitation Expenditures (QREs) Part 2 Fee, based on estimated QREs Part…

A. General Provisions 1. For all projects with Part 2 applications received by the SHPO on or after January 1, 2021, the maximum amount of credits available to be reserved shall not exceed one hundred twenty-five million dollars per calendar year. If the amount of tax credit rese…

A. To receive funding from the Older Americans Act the State Agency on Aging must have an approved State Plan on Aging. This plan must be on file with the Administration on Aging and be available for public review. At the minimum, the plan must include: 1. identification by the s…

A. The state agency will develop a state plan according to the following: 1. elect to utilize a one-, two-, three-, or four-year format for the state plan; 2. develop a data profile on the older Louisianans from available census data; 3. conduct statewide needs assessment activit…

A. Intrastate Funding Formula 1. The following is a descriptive summary of the current Intrastate Funding Formula's assumptions and goals, and the application of the definitions of greatest economic or social need and a demonstration of the allocation of funds, pursuant to the fo…

Chapter 17. Women's Services

A. The fluoridation of community water supplies is the most effective mechanism for preventing dental caries. It is the only means whereby people of all ages in an area can be reached from birth and at a low cost. This has added significance for the many people who are dentally i…

A. LAC 51:XII.105 of the Louisiana State Sanitary Code requires approval by the state health officer or his/her duly authorized representative for certain types of changes made in the treatment of water offered the public. The addition of the fluoride ion to water is covered by t…

A. Detailed plans and specifications for which a fluoridation permit is requested shall be submitted in duplicate, to the Department of Health and Hospitals – Office of Public Health’s (DHH-OPH) District engineer and the DHH-OPH’s fluoridation engineer by the responsible person o…

A. The Department of Labor reserves the right to review and monitor the activities covered by any contract or third party agreement entered into by subgrantees. B. Contract Content. All subcontracts and agreements entered into by subgrantees utilizing CSBG funding shall contain a…

A. For purposes of this Chapter, the following words shall have the following meanings unless the context clearly indicates otherwise. Approved Holding Facility—a pen or pens approved by LDAF to temporarily hold feral swine pending movement to a recognized slaughter facility or r…

2. All swine over six months of age, being sold at Louisiana livestock auction markets must be identified by an official swine back tag, placed on the animals' forehead and an official metal ear tag. 3. The market shall furnish the Board of Animal Health’s official representative…

A. The state veterinarian or his representative shall have the authority to conduct epidemiologic investigations and quarantine of: 1. swine herds in which one or more of the animals are found to be positive to brucellosis or pseudorabies, as determined by the epidemiologist, bas…

A. No person shall import live feral swine into this state unless the live feral swine are going directly to a state or federally inspected slaughter establishment, a quarantine swine feedlot or a feral swine approved holding facility in a sealed trailer accompanied by a USDA VS …

A. All swine which are sold or offered for sale in livestock auction markets must meet the general requirements of §131 and the following specific pseudorabies/brucellosis requirements. 1. All breeder and feeder swine moving to Louisiana auction markets from farms outside Louisia…

A. Permit Required. No person may operate a quarantined swine feedlot or feral swine holding facility without first obtaining a permit from the Board of Animal Health. Any person operating a feedlot or holding facility without a valid permit will be in violation of this regulatio…

A. Official Backtagging of Swine 1. All swine over six months of age that are not officially tagged when received by a slaughter establishment, under state or federal meat inspection, shall be identified by an official backtag, properly placed. The name and address of the consign…

A. Notwithstanding any provision to the contrary, the fund shall permit a direct rollover of an eligible rollover distribution to an eligible retirement plan in accordance with the IRC §401(a)(31) and the terms set forth herein, upon properly completing and filing the appropriate…

A. The New Orleans Firefighters Pension and Relief Fund is a tax-qualified governmental plan. The following provisions shall apply: 1. The assets of the fund shall be held for the exclusive benefit of the members of the fund, the retirees thereof, and the survivors and beneficiar…

A. The following provisions shall apply to the fund.: 1. The term actuarial equivalence or terms of similar import, wherever used, means a benefit of equivalent actuarial value determined by using the mortality assumptions and interest rates described herein. a. The mortality ass…

A. Notwithstanding any provision to the contrary, contributions, benefits and service credit with respect to qualified military service will be provided in accordance with IRC § 414(u). To the extent applicable, the provisions of IRC § 401(a)(37) shall apply. (See Editor’s Note.)

A. The Louisiana Medical Assistance Program's recognition of a major teaching hospital is limited to facilities having a documented affiliation agreement for the purpose of providing graduate medical education training with a Louisiana medical school accredited by the Liaison Com…

A. The Louisiana Medical Assistance Program's recognition of a minor teaching hospital is limited to facilities having a documented affiliation agreement for the purposes of providing graduate medical education training with a Louisiana medical school accredited by the LCME or by…

A. An approved medical residency program is one that meets one of the following criteria: 1. is approved by one of the national organizations listed in 42 CFR 415.152; 2. may count towards certification of the participant in a specialty or subspecialty listed in the current editi…

A. Qualification for teaching hospital status shall be re-established at the beginning of each fiscal year. B. To be reimbursed as a teaching hospital, a facility shall submit a signed “certification for teaching hospital recognition” form to the Bureau of Health Services, Rate S…

A. Effective for dates of service on or after February 1, 2012, medical education payments for inpatient services which are reimbursed by a prepaid risk-bearing managed care organization (MCO) shall be paid monthly by Medicaid as interim lump sum payments. 1. Hospitals with quali…

A. The specific charges for each line of service provided will be published in the Office of Telecommunications Management's Catalog of Services.