Louisiana Administrative Code

D. The department may review all above provisions every three years, at a minimum, to evaluate continuation of these enhanced reimbursements.

A. Effective July 1, 2022, the inpatient hospital per diem rate paid to an urban MSA facility for acute care services shall be increased by indexing annually to 95 percent of the small rural hospital acute per diem rate in effect. B. Effective July 1, 2022, the inpatient hospital…

A. All vendor contact for sales and service of telecommunications systems and telecommunications services shall be with the Office of Telecommunications Management and not directly with agencies.

A. It is each vendor's responsibility to notify the State Purchasing Office of its desire to receive notification of state telecommunications bids.

A. Vendors shall not enter into any contract with any state agency for telecommunications systems or telecommunications services without prior written approval from the Office of Telecommunications Management.

A. In addition to the definitions provided in Section 1382 of the Virtual Currency Businesses Act, (“VCBA”), R.S. 6:1381 et seq., as enacted by Act 341 of the 2020 Regular Session of the Louisiana Legislature, the following definitions are applicable to this Chapter. Acting in Co…

A. The department shall begin accepting initial applications for licensure and notices of registration through the NMLS on January 1, 2023. B. Completed applications for licensure and notices of registration submitted on or before April 1, 2023 will be approved, conditionally app…

A. Any application for renewal of a license or notice of registration issued pursuant to provisions of the VCBA shall be submitted through the NMLS and satisfy all renewal requirements of the VCBA, including but not limited to those required by R.S. 6:1388. B. Beginning July 1, 2…

A. In satisfying the licensure, renewal, and registration requirements provided by the VCBA, including but not limited to R.S. 6:1386(B) through (D), R.S. 6:1388(B)(2)(f), and R.S. 6:1389(A)(7), net worth and tangible net worth shall be clearly evidenced by filing or submitting a…

A. The commissioner may: 1. conduct on-site examination or investigation of the books, records, and accounts used in the business of every a licensee or registrant; 2. consider results of an inspection conducted by a comparable official in any in which the books, records, and acc…

A. Licensees engaging in virtual currency business activity in Louisiana shall maintain and preserve such books, records, and accounts of its virtual currency business activities, pursuant to R.S. 6:1391, for a period of five years, or longer, if required by the commissioner to r…

A. The commissioner may enter into a consent agreement at any time with a person to resolve a matter arising under the VCBA, or a rule adopted, or an agreement entered into, under the VCBA.

A. The commissioner, in his discretion, may assess a civil penalty against a person that violates the VCBA or any rule promulgated pursuant to the VCBA, or any order issued by the commissioner pursuant thereto, not to exceed $1,000 for each violation, plus the department’s costs …

A. Failure to comply with this Rule, or any other rule, or with any order issued by the department within a reasonable period of time may be considered in determining whether to waive any regulatory fee or to allow the filing of additional information relating to the application …

A. Pursuant to the authority granted under R.S. 6:121, R.S. 6:121.2, R.S. 6:1385, R.S. 6:1387, R.S. 6:1388, R.S. 6:1389, and R.S. 6:1391, the following fee structure is hereby established to cover necessary costs associated with the administration of the VCBA, R.S. 6:1381, et seq…

A. Any request for an exception and/or waiver must be submitted in writing and requires the written approval of the commissioner.

A. If any provision or item of this regulation, or the application thereof, is held invalid, such invalidity shall not affect other provisions, items, or applications of the regulation which can be given effect without the invalid provisions, items, or applications.

A. Mission⎯to provide services in a flexible, individualized manner to Louisiana citizens who survive traumatic brain or spinal cord injuries enabling them to return to a reasonable level of functioning and independent living in their communities. B. Program Administration 1. The…

Advisory Board―Traumatic Brain and Spinal Cord Injury Trust Fund Advisory Board. Domiciled―a resident of the state of Louisiana with intent to permanently remain within the state. Spinal Cord Injury―an insult to the spinal cord, not of a degenerative or congenital nature but caus…

A. Cost-Effective Service Provision. All services shall be provided in a cost-effective manner. B. Case Record Documentation. A case record will be maintained for each individual served. 1. The record shall contain the following: a. documentation to support the decision to provid…

A. Administrative Review. The administrative review is the first level appeal process used by individuals for a timely resolution of disagreements pertaining to eligibility decisions or a denial of services. 1. All applicants/participants shall be provided written notification to…

A. In order for an individual to be determined eligible for services, the individual must: 1. meet the definition of spinal cord injury or traumatic brain injury as defined in §1905 above; 2. be a resident of the state of Louisiana and officially domiciled in the state of Louisia…

A. A determination of ineligibility is made when the individual does not meet program eligibility as defined in §1911 above.

A. Limitations. Expenditures on behalf of any one individual shall not: 1. exceed $15,000 during the 12-month period based on the participant’s eligibility/anniversary date. 2. exceed the total lifetime maximum of $50,000. B. All applicable state and departmental purchasing polic…

A. Once an individual has been determined eligible for services, an appropriate individualized assessment shall be completed in order to: 1. determine the scope of services; 2. develop, implement, and update service plans as appropriate; B. The service plan shall: 1. be individua…

A. Services are authorized, coordinated and provided for eligible individuals in accordance with each person’s service plan. B. Service plans shall be written with a goal of achieving specific objectives: 1. related to the participant’s injury, and 2. to improve participant’s fun…

A. All service providers must be approved by OAAS. B. In-state programs/facilities will be given priority for approval as service providers.

A. An individual’s case can be closed at any time in the process when it has been determined that the individual: 1. has shown consistent failure to cooperate with the service plan and case managers; 2. reaches the maximum $50,000 in total lifetime expenditures; 3. has less than …

A. The Department of Transportation and Development may purchase additional right-of-way as provided for under R.S. 48:217, in the following circumstances. 1. When the land available for right-of-way acquisition is limited in such a way that it will be impossible for a utility co…

A. Regulation 124 is promulgated on behalf of the Department by the Commissioner pursuant to the authority granted under the Louisiana Insurance Code, R.S. 22:11, and as specifically required in accordance with R.S. 22:1897.

A. The purpose of Regulation 124 is to implement the provisions of Acts 2022, No. 80 of the Regular Session of the Louisiana Legislature, which mandate that the Department promulgate rules and regulations for a catastrophe claims process disclosure form-guide that includes, but i…

A. Regulation 124 applies to all property and casualty insurers settling a property insurance claim arising out of a state of emergency declared by the governor pursuant to R.S. 29:724.

A. These terms when used in this Chapter shall have the following meanings: Commissioner—the Louisiana Commissioner of Insurance. Department—the Louisiana Department of Insurance. Disclosure Form-Guide—the catastrophe claims process disclosure form referenced in R.S. 22:1897. Gov…

A. Whenever a state of emergency is declared by the governor in accordance with R.S. 29:724, an insurer must provide a disclosure form-guide to all policyholders asserting a claim for damages occasioned by the disaster or catastrophic event made the subject of the governor’s emer…

A. The insurer shall send the disclosure form-guide to the policyholder on the date that the adjuster commences an initial investigation of the claim. B. The insurer may deliver the disclosure form-guide to the policyholder by United States mail, electronic delivery, or hand-deli…

A. Delivery by Mail. If the disclosure form-guide is sent to a policyholder via United States mail, proof of such mailing shall be sufficient evidence to establish delivery of the disclosure form-guide, provided it reflects the date of the mailing and the policyholder. B. Electro…

A. The provisions of this Subpart are severable. If any provision or item of this Subpart, or application thereof, is held invalid, such invalidity shall not affect other provisions, items, or applications of this Subpart, which are to be given effect without the invalid provisio…

A. Regulation 124 shall become effective upon publication.

CATASTROPHE CLAIMS PROCESS DISCLOSURE FORM-GUIDE I hereby certify, under penalty of perjury, that on the _____ day of _____________, 20____, I appeared at: (Physical address): _____________________________ _____________________________________________ ____________________________…

A. On November 15, 2007, the Louisiana Emergency Response Network Board [R.S. 40:2842(1)] adopted and promulgated “LERN Entry Criteria” and "LERN Region 4 LCC Destination Protocol" for region 4 of the Louisiana Emergency Response Network (R.S. 40:2842(3)), which region includes t…

A. On November 15, 2007, the Louisiana Emergency Response Network Board [R.S. 40:2842(1)] adopted and promulgated "Region 7 LERN Entry and Destination Protocol" for region 7 of the Louisiana Emergency Response Network [R.S. 40:2842(3)], which region includes the parishes of Bienv…

A. On June 18, 2009, the Louisiana Emergency Response Network Board (R.S. 40:2842(1)) adopted and promulgated "Standard LERN Entry Criteria" and "Standard Destination Protocol" for use in all regions, except region 7, of the Louisiana Emergency Response Network (R.S. 40:2842(3)),…

A. On June 18, 2009, the Louisiana Emergency Response Network Board [R.S. 40:2842(1)] adopted and promulgated “Interregional Transfer Protocol” for the Louisiana Emergency Response Network [R.S. 40:2842(3)], as follows. 1. The LERN interregional transfer protocol only applies to …

A. On October 21, 2010, the Louisiana Emergency Response Network Board [R.S. 40:2842(1)] revised, adopted and promulgated “Standard LERN Entry Criteria” and “Standard Destination Protocol” for use in all regions, except region 7, of the Louisiana Emergency Response Network [R.S. …

A. On January 20, 2011, the Louisiana Emergency Response Network Board (R.S. 40:2842(1) and (3)) adopted and promulgated "LERN Hospital Interregional Transfer Guidelines” and “LERN Hospital Interregional Transfer Protocol", replacing "Interregional Transfer Protocol" adopted June…

A. On January 20, 2011, the Louisiana Emergency Response Network Board [R.S. 40:2842(1) and (3)] adopted and promulgated "LERN ENTRY CRITERIA: Trauma; Pre-Hospital and Hospital Triage Protocol" and "LERN DESTINATION PROTOCOL: Trauma" replacing the "Standard LERN Entry Trauma Crit…

A. On April 26, 2012, the Louisiana Emergency Response Network Board [R.S. 40:2842(1) and (3)] adopted and promulgated "LERN Destination Protocol: Trauma" replacing the "LERN Destination Protocol: Trauma" adopted and promulgated April 21, 2011, as follows. Unmanageable Airway Ten…

A. On November 21, 2013, the Louisiana Emergency Response Network Board [R.S. 40:2842(1) and (3)] adopted and promulgated "LERN Destination Protocol: TRAUMA" replacing the "LERN Destination Protocol: Trauma" adopted and promulgated April 26, 2012, and repealing "LERN ENTRY CRITER…

A. On November 20, 2014, the Louisiana Emergency Response Network Board [R.S. 40:2842(1) and (3)] adopted and promulgated “Destination Protocol: Trauma” to be effective January 1, 2015, and replacing the “LERN Destination Protocol: Trauma” adopted and promulgated November 21, 201…

A. On December 10, 2015, the Louisiana Emergency Response Network Board [R.S. 40:2842(1) and (3)] adopted and promulgated “LERN Destination Protocol: TRAUMA”, which replaces the “LERN Destination Protocol: TRAUMA” found in §19121 adopted and promulgated November 20, 2014, as foll…