Louisiana Administrative Code

A. The plan, and actions under or relating to the plan, and the statute of limitations for such actions shall be governed by and enforced by the laws of the state of Louisiana and shall be construed, to the extent that any construction beyond the written plan is necessary, accord…

A. Notwithstanding any provisions of this plan to the contrary, contributions, benefits, and service credits with respect to qualified military service shall be provided in accordance with the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA") and the He…

A. In the selection of ORP provider(s) as required by law, the board of trustees will, at a minimum, consider the following criteria in the selection process: 1. portability of the contracts offered or to be offered by the company, based on the number of states in which the desig…

A. After a minimum of 18 months supervised parole and upon the recommendation of the Division of Probation and Parole, the committee may determine that a parolee merits unsupervised parole and may suspend a parolee's supervision. 1. A parole officer may recommend that an inmate b…

A. During the onset of parole supervision and development of the Supervision Plan, a parolee who is free from any conviction for a sex offense as defined in R.S. 15:541, shall be advised of the incentive to be compliant with conditions of supervision in order to be recommended fo…

A. When a parolee has completed his sentence, he will be given a certificate of discharge from the Department of Public Safety and Corrections. The committee cannot terminate parole prior to the parolee's full-term discharge date.

A. Any active or retired member of the Louisiana National Guard shall be eligible to participate in OGB sponsored life, health, or other programs provided that: 1. other coverage is not available through the member's employment; and 2. the member is not eligible for Medicare cove…

A. Any eligible active or retired member of the Louisiana National Guard who submits an enrollment application to participate in OGB sponsored life, health, or other programs shall provide, contemporaneous with the enrollment application, written certification as follows: 1. from…

A. The member must agree to pay the full amount of all premiums due for selected coverage without contribution from the state of Louisiana or any of the governmental or administrative subdivisions, departments, or agencies of the executive, legislative, or judicial branches of th…

A. Unless an earlier effective date is mandated by applicable law or regulation, the effective date of health coverage for active or retired members of the Louisiana National Guard and their eligible dependents shall be: 1. the first day of the month following the date of receipt…

A. Evidence of Insurability. Any active or retired member of the Louisiana National Guard or dependent(s) of such member for whom application for life insurance is made shall, in addition to all other required documentation, provide evidence of insurability acceptable to the insu…

A. All benefits will terminate on the earliest of the following dates: 1. on the last day of the month in which the active or retired member of the Louisiana National Guard ceases to be eligible to participate in OGB sponsored life, health, or other programs, as provided herein; …

A. Other issues pertaining to eligibility for or participation in OGB sponsored life, health, or other programs by any active or retired member of the Louisiana National Guard not specifically addressed herein shall be resolved in accordance with OGB rules pertaining to other eli…

A. This Chapter applies to permit applications for new facilities and to applications for substantial permit modifications submitted to the department after the rule's effective date (date of publication in the Louisiana Register). B. Nothing in this Chapter shall limit the admin…

A. For all purposes of this regulation, the terms defined in this Chapter shall have the following meanings, unless the context of use clearly indicates otherwise. Administratively Complete―in reference to an application for a permit, that the application contains all of the info…

A. Administrative Completeness Review 1. After receipt of a permit application for a new facility or an application for a substantial permit modification, the department shall perform an administrative completeness review and, if applicable, submit written notification to the app…

A. Technical Review Period 1. If requested by the permit applicant, the department shall provide the applicant with a reasonable opportunity to review a working draft permit renewal or a modification to a hazardous waste, solid waste, water discharge, or air quality permit before…

A. OCDD is proposing to establish a pilot program consisting of a 4-bed home in the community designed to meet the needs of at-risk juveniles with developmental disabilities who may be referred to OCDD when their families or foster families can no longer meet their needs at home.…

A. OCDD will establish this pilot program directly or through written agreement with a provider organization in accordance with R.S. 28:385(A) who complies with all contractual provisions for establishment and the program operations and procedures for Pilot Programs for Children …

A. At-Risk Juveniles—juveniles who are between 10 through 17 years of age inclusive, have a developmental disability which is primarily due to mental retardation, and manifest a co-occurring mental health disorder.

A. Participants to be admitted to a Pilot Program for Children with Developmental Disabilities Who Are Considered At-Risk Juveniles shall be governed by the requirements contained at LAC 48:I, Chapter 16, Section 1611 (Louisiana Register, Vol. 30, No. 1, January 2004). B. Partici…

A. This pilot program shall meet all federal and state laws and regulations governing an Intermediate Care Facility for the Mentally Retarded and Developmentally Disabled (ICF/MR). B. The referrals for admissions to this pilot program shall be made by the OCDD Community Services …

A. OCDD seeks to provide leadership in the development of a community-based model to meet the needs of at-risk juveniles with developmental disabilities. This model with be developed through a pilot program based on individualized supports and services designed to enable particip…

A. OCDD will conduct site visits at least quarterly and require performance reports to gather and compile information to determine the status of the program based on the goals of the Office as discussed above. B. OCDD will evaluate the pilot program based on site reviews and, at …

A. All procurement of goods and services, including leases, with Community Services Block Grant funds in whole or part shall be done in accordance with the state of Louisiana Procurement Regulations unless other requirements are specified in these rules or the subgrantees' or fed…

A. Any community action agency receiving a subgrant under these rules shall be deemed a quasi public agency and will be allowed to utilize the state contract bid list for the purpose of the purchase of supplies and equipment.

A. Each subgrantee will maintain an inventory identifying equipment purchased with CSBG funds at a unit cost of $250 or more including a description of the equipment identifying it as CSBG equipment, its condition, acquisition cost, serial number and a property number assigned th…

A. Whenever possible, the Department of Labor will provide needed equipment from its surplus property to be used by the agency.

A. R.S. 39, the State Procurement Code will be followed to determine when sole source procurement is allowable.

A. Space may be leased when the cost is reasonable. B. R.S. 39, the State Procurement Code will be followed, except where the subgrantee is a part of local government and is required by the local government to be located in a facility owned by local government (see §1501 of these…

A. Subgrantees shall follow the Louisiana Procurement Code for the lease of any equipment in part or totally by CSBG unless their own lease requirements or federal lease requirements are more restrictive.

A. Pursuant to the provisions of the Patient Protection and Affordable Care Act (PPACA), Public Law 111-148, 42 CFR Part 455, Subpart E, and the 21st Century Cures Act, the Medicaid Program adopts the following provider enrollment and screening requirements. The Centers for Medic…

A. The department will deny or terminate a provider’s enrollment in the Medical Assistance Program in accordance with 42 CFR § 455.416. B. The department may deny or terminate a provider’s enrollment in the Medical Assistance Program for any of the grounds listed in R.S. 46:437.1…

A. A provider, or their agent, who seeks to appeal a notice of action issued by the department may first request an informal hearing with the department. B. A provider, or their agent, who has received a notice of action shall be provided with an informal hearing if the provider,…

A. The provider, or their agent, has the right to request an administrative appeal within 30 days of the date of the notice of action or within 30 days of the date of the notice of the results of the informal hearing. B. The appeal request must be adequate as to form and timely l…

A. A provider, or their agent, may only appeal to the Division of Administrative Law a notice of action or a notice of the results of the informal hearing issued by the department that terminates or denies the provider’s enrollment in Medicaid. Other actions by the department rel…

A. An out-of-state provider is a provider located in a state other than Louisiana whose services are rendered in that state, excluding Louisiana Medicaid trade areas. B. An out-of-state provider who wishes to participate in the Louisiana Medicaid Program must enroll with the Loui…

A. Out-of-network providers under single case agreements are not considered network providers and therefore are not subject to the requirements at 42 CFR § 438.602(b). Out-of-network providers do not have to be screened and/or enrolled in the department’s fee-for-service program.…

A. The department will comply with 42 CFR § 455.470, which pertains to the imposition of temporary moratoria on the enrollment of new providers or provider types as implemented by the secretary of the U.S. Department of Health and Human Services (HSS).

A. All managed care organizations (MCOs) participating in the Medical Assistance Program must comply with all requirements described in R.S. 46.460.72 and R.S. 46:460.73, which pertain to provider notices and payment accountability. B. A provider who receives a notification of de…

A. As used in this Subpart the following terms shall have the following meanings: 1. Agent—a person who is employed by or has a contractual relationship with a provider or who acts on behalf of the provider. 2. Beneficiary—an individual who is enrolled to receive health care thro…

A. Buildings, structures, public facilities, governmental facilities and improved areas built between January 1, 1978 and August 14, 1995 shall be covered by the standards put forward in ANSI 117.1. Such entities built on or after August 14, 1995 and before September 30, 2011 sha…

A. There shall be no smoking in the public assembly areas of any churches, schools and theaters; this shall not prohibit the owners and/or operators of these particular places of public assembly from creating and designating smoking areas which are constructed and maintained to s…

A. There shall be no overcrowding in any auditorium or place of public assembly. In the future (after January 1, 1975), no contracts with the owners of auditoriums or places of public assembly shall allow the sale of tickets for the entry of any more individuals than can be seate…

A. In pursuit of the requirements of R.S. 40.1575, it is hereby ordered that the storage of all flammable materials in all state buildings and all places of public assembly shall be made in fireproof containers, that all state buildings and places of public assembly shall be regu…

A. Fire lanes shall be provided for all buildings that are set back more than 150 feet (45.75 meters) from a public road or exceed 30 feet (9.14 meters) in height and are set back over 50 feet (15.25 meters) from a public road in accordance with NFPA 1:3-5 (1992 Edition). B. It s…

A. The purchase of service on an actuarial basis and the transfer of service from other public retirement systems into LASERS requires an actuarial calculation by the system actuary. B. The cost of this calculation shall be paid by the member requesting the calculation. Payment m…

A. In order to transfer service credit from other public retirement systems into LASERS, the person seeking such a transfer must be: 1. an active member contributing to the LASERS at the time they apply for the transfer; or 2. an active member of a public retirement system mainta…

A. Intent and Construction. These procedural rules are adopted in order to satisfy the requirements of R.S. 11:291 and 292 and shall be construed consistently with this purpose. B. The purpose of these rules is to establish the board’s willingness to recognize and enforce any QDR…

A. Many factors should be taken into account by the drafters of a DRO to determine which benefits to assign to an alternate payee and how these benefits are to be assigned. Because of the complexity and variety of circumstances that should be considered and the need to individual…