25,466 sections across 2,439 Louisiana regulatory chapters.
Chapter 25. Procurement of Professional, Personal, Consulting, Social Services, and Energy Efficiency Contracts-2557 Procurement Support Team; Procurement Schedule
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A. Each using agency contemplating a contract for information technology consulting services with an estimated value exceeding the maximum value specified in R.S. 39:1621(C) shall notify the Office of State Procurement prior to the drafting of the request for proposals. The Offic…
Chapter 25. Provider Participation-2501 Provider Responsibilities
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A. Each provider of specialized behavioral health services shall enter into a contract with one or more of the managed care organizations (MCOs) and with the coordinated system of care (CSoC) contractor for youth enrolled in the Coordinated System of Care program in order to rece…
Chapter 25. Regulation 49―Billing Audit Guidelines-2501 Purpose
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A. The purpose of this regulation is to provide for the reasonable standardization of statewide billing audit guidelines for health care providers and payers; and to provide for related matters. These rules are based, at least in part, on the National Health Care Billing Audit Gu…
Chapter 25. Regulation 49―Billing Audit Guidelines-2503 Applicability and Scope
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A. This regulation shall apply to health care providers and payers. The provider and/or payer involved in the billing audit shall be responsible for the conduct and results of the billing audit, whether conducted by an employee or by contract with another firm. This means that th…
Chapter 25. Regulation 49―Billing Audit Guidelines-2505 Definitions
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A. For purposes of this regulation: Ambulatory Surgical Center―ambulatory surgical center as defined in R.S. 40:2133(A). Billing Audit―a process to determine whether data in a provider's medical record documents or supports services listed on a provider's bill. Billing audit does…
Chapter 25. Regulation 49―Billing Audit Guidelines-2507 Qualifications of Auditors and Audit Coordinators
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A. All persons performing billing audits, as well as persons functioning as provider audit coordinators, shall have appropriate knowledge, experience, and/or expertise in a number of areas of health care including, but not limited to, the following areas: 1. format and content of…
Chapter 25. Regulation 49―Billing Audit Guidelines-2509 Notification of Audit
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A. Payers and providers shall make every effort to resolve billing inquiries directly. To support this process, the name and contact telephone number (and/or facsimile number) of each payer or provider representative shall be exchanged no later than the time of billing for a prov…
Chapter 25. Regulation 49―Billing Audit Guidelines-2511 Provider Audit Coordinators
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A. Providers shall designate an individual to coordinate all billing audit activities. An audit coordinator shall have the same qualifications as an auditor (see §2507, Qualifications of Auditors and Audit Coordinators). Duties of an audit coordinator include, but are not limited…
Chapter 25. Regulation 49―Billing Audit Guidelines-2513 Conditions and Scheduling of Audits
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A. In order to have a fair, efficient, and effective audit process, providers and payer auditors shall adhere to the following requirements: 1. whatever the original intended purpose of the billing audit, all parties shall agree to recognize, record, or present any identified uns…
Chapter 25. Regulation 49―Billing Audit Guidelines-2515 Confidentiality and Authorizations
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A. All parties to a billing audit shall comply with all federal and state laws and any contractual agreements regarding the confidentiality of patient information. B. The release of medical records requires authorization from the patient. Such authorization shall be provided for …
Chapter 25. Regulation 49―Billing Audit Guidelines-2517 Documentation
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A. Verification of charges will include the investigation of whether or not: 1. charges are reported on the bill accurately; 2. services are documented in health or other appropriate records as having been rendered to the patient; and 3. services were delivered by the institution…
Chapter 25. Regulation 49―Billing Audit Guidelines-2519 Fees and Payments
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A. Payment of a bill shall be made promptly and shall not be delayed by an audit process. Payment on a submitted bill from a third party payer shall be based on amounts billed and covered by the patient's benefit plan. B. Billing audits shall be made in accordance with one of the…
Chapter 25. Returns-2501 Individual Income Tax Filing Extensions
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A. Pursuant to R.S. 47:103(D), the secretary may grant a reasonable extension of time to file a state income tax return, not to exceed six months from the date the return is due. 1. To obtain a filing extension, the taxpayer must make the request on or before the tax return's due…
Chapter 25. Returns-2503 Corporation Income and Franchise Tax Filing Extensions
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A. Louisiana Revised Statute Title 47, Section 287.614(D) provides that the secretary may grant an extension of time to file a state corporation income and franchise tax return, not to exceed seven months, from the date the return is due. 1. To obtain a filing extension, the taxp…
Chapter 25. Returns-2505 Filling Extensions for Partnerships
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A. Revised Statute Title 47, Section 1514 provides that the secretary may grant a reasonable extension to file any tax return due under this subtitle, not to exceed six months, from the date the return is due. 1. To obtain a filing extension for filing a partnership/partnership c…
Chapter 25. Returns-2507 Fiduciary Income Tax Filing Extensions
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A. Pursuant to R.S. 47:103(D), the secretary may grant a reasonable extension of time to file a state income tax return, not to exceed six months from the date the return is due. 1. To obtain a filing extension for filing a fiduciary return, estates and trusts must make the reque…
Chapter 25. Sudden Infant Death Syndrome (SIDS)-2501 General Administration
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A. Administration 1. This program exists primarily to monitor compliance with R.S.33:1561, R.S. 33:1561.3, and R.S. 40:56 which mandate the following: a. coroners must clearly state cause of death as "Sudden Infant Death Syndrome" where the findings so warrant and within 48 hours…
Chapter 25. Sudden Infant Death Syndrome (SIDS)-2503 Program Services
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A. The following procedures have been established to accomplish these goals. 1. Within 48 hours of notification by the Coroner's Office (or any concerned individual) that a SIDS death has occurred, the health unit; i.e., public health nurse, contacts the family to arrange a home …
Chapter 25. Support Enforcement-2507 IV-A Agency Treatment of Support Payments
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A. The IV-A Agency shall treat support payments received by FITAP applicants and recipients in the month of certification, prior to authorization of the first payment, as income in determining both eligibility and the amount of assistance to be provided by the agency. Such suppor…
Chapter 25. Support Enforcement-2509 Income Assignment
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A. In all new or modified child support orders enforced by Child Support Enforcement Section (CSE) and all new child support orders after January 1, 1994, that are not being enforced by CSE, the court shall order an immediate income assignment unless a written agreement exists be…
Chapter 25. Support Enforcement-2511 Child Support Award Guidelines
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A. The child support award guidelines established in R.S. 9:315 et seq. shall be used in any proceeding to establish or modify child support orders. There shall be a rebuttable presumption that the amount of the child support established by use of the guidelines is the proper amo…
Chapter 25. Support Enforcement-2512 Adjustment of Child Support Orders
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A. SES will send a notice every three years advising both parties to the support order of the right to request a review. If either party requests a review or if there is an assignment under Temporary Assistance to Needy Families (TANF), SES will conduct the review and, if appropr…
Chapter 25. Support Enforcement-2513 Collection of Spousal Support
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A. Effective January 1, 1986, the Department of Health and Human Resources, Office of Family Security, shall implement the collection of spousal support. B. In order to qualify for spousal support, the following must be met by the payee: 1. a prior child support order has been es…
Chapter 25. Support Enforcement-2514 Distribution of Child Support Collections
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A. Effective October 2, 1998 the agency will distribute child support collections in the following manner. 1. In cases in which the applicant/recipient (AR) currently receives Family Independence Temporary Assistance Program (FITAP) benefits, collections received in a month will …
Chapter 25. Support Enforcement-2515 IRS Collection Fee for Non-FITAP Applicants
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A. Effective 3/1/86 the Department of Health and Human Resources, Office of Family Security will began charging an application fee of $122.50 to non-FITAP payees who apply for full-service Internal Revenue Services (IRS) Collection. IRS charges the Support Enforcement Program $12…
Chapter 25. Support Enforcement-2516 Recovery of Erroneous Child Support Payments
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A. Upon notification that an erroneous payment has been made, SES will automatically withhold up to 10 percent from each future child support payment to recover this loss when the individual has given consent to the automatic recovery during the application process. If the indivi…
Chapter 25. Support Enforcement-2517 Application Fee for Former FITAP Recipients
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A. Effective October 1, 1988, an application fee will be charged to any former FITAP recipient who reapplies for support enforcement services more than 30 days after services are discontinued because of failure to cooperate. An application fee will also be charged to any former F…
Chapter 25. Support Enforcement-2518 Electronic Distribution of Child Support Payments
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A.1. Effective April 1, 2006, electronic disbursement of child support payments shall be mandatory except in the following situations: a. payments are forwarded to private collection agencies; b. physical or other disabilities impose a hardship to receive payments via electronic …
Chapter 25. Support Enforcement-2520 Locate Fee for Non-FITAP Recipients (Formerly §2525)
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A. The IV-D Program shall charge a fee of $10 per request for non-FITAP, locate-only requests. An additional $4 charge shall be made if the Social Security number of the noncustodial parent is not provided.
Chapter 25. Support Enforcement-2521 Child Support Application Fee
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A. SES will charge an application fee of $25 to each individual who applies for services and does not receive FITAP, MEDICAID, or IV-E Foster Care. A fee is not required if an applicant reapplies for child support through SES within six months after a case is closed, unless the c…
Chapter 25. Support Enforcement-2523 Mandatory Fee for Successful Child Support Collection
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A.1. Effective October 1, 2006, in the case of an individual who has never received assistance under a state program funded under Part A of the Social Security Act and for whom the state has collected at least $500 of support, the state shall impose an annual fee of $25 for each …
Chapter 25. Support Enforcement-2524 Uniform Interstate Family Support Act
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A. Support Enforcement Services will establish, modify and enforce interstate child support obligations under the provisions of the Uniform Interstate Family Support Act (UIFSA).
Chapter 25. Support Enforcement-2525 Automated Administrative Enforcement in Interstate Cases
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A. SES shall use high-volume, automated administrative enforcement on interstate cases to the same extent as used for intrastate cases. This means the use of automatic data processing to search various state data bases, including license records, employment service data, and stat…
Chapter 25. Support Enforcement-2527 Securing and Enforcing Medical Support Obligation
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A. Child Support Enforcement (CSE) shall secure medical support information and enforce medical support through the use of the national medical support notice. B. Unless the custodial parent and child(ren) have satisfactory health insurance other than Medicaid, IV-D shall petitio…
Chapter 25. Support Enforcement-2529 State Tax Refunds
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A. SES will request withholding of any state income tax refunds due to individuals who have child support arrearages in excess of $50. Support payments received through state tax intercept will be distributed in accordance with federal regulations. B. SES will charge a $4 fee to …
Chapter 25. Support Enforcement-2531 Advance Notice of State Tax Refund Interception
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A. SES will send an advance notice to each noncustodial parent owing past-due child support whose name is submitted for interception of state tax refund. This notice will advise the noncustodial parent of the right to administrative review if the state tax information is conteste…
Chapter 25. Support Enforcement-2532 Federal Administrative Offsets
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A. SES will collect past-due support by referral of appropriate cases to the United States Financial Management Service, Department of the Treasury, effective November 1, 1997. The Financial Management Service is authorized to intercept any funds payable by the federal government…
Chapter 25. Support Enforcement-2533 Federal Tax Refunds
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A. SES shall collect past-due support by federal tax refund offset according to federal criteria. B. SES shall deduct the processing fee imposed by the Internal Revenue Service from each non-FITAP payee's refund check.
Chapter 25. Support Enforcement-2535 Assignment of Lottery Winnings by Support Enforcement Services
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A. Effective May 1992, the Department of Social Services, Office of Family Support, shall implement interception of lottery winnings from the Louisiana Lottery Corporation of a delinquent support payor. B. Support Enforcement Services will send to the Louisiana Lottery Corporatio…
Chapter 25. Support Enforcement-2537 Collecting Unemployment Compensation Payments
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A. The Department of Health and Human Resources, Office of Family Security, implemented withholding of unemployment benefits as a method of collecting unmet support obligations owed in both FITAP and non-FITAP cases, effective October 1, 1982.
Chapter 25. Support Enforcement-2539 Enforcement of Child Support Orders
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A. The Department of Health and Human Resources, Office of Family Security, implemented enforcement of support orders, effective October 1, 1982. B. This action provides for continued enforcement of child support orders in arrears, posting of bond and continued wage withholding a…
Chapter 25. Support Enforcement-2540 Judicial Suspension of License(s) for Nonpayment of Child Support
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A. The agency may, under certain circumstances, petition the courts for an order to suspend the license(s) of an individual who is not in compliance with an order for support. The criteria for referral are as follows: 1. cases which have a support order which is being enforced in…
Chapter 25. Support Enforcement-2541 Information Released to Consumer Reporting Agencies
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A. The Support Enforcement Program will report periodically to credit bureaus/consumer reporting agencies, the name of any noncustodial parent (absent parent) who is delinquent in the payment of support, and the amount of overdue support owed by such parent. The agency shall prov…
Chapter 25. Support Enforcement-2542 Voiding of Fraudulent Transfers
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A. In cases in which a noncustodial parent transfers income or property to avoid payment of support, SES shall seek to void such transfer.
Chapter 25. Support Enforcement-2543 Cooperative Endeavor in the Collection of Unpaid Child Support
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A. In cases in which SES is providing services and the client hires a private attorney, SES may enter into a cooperative agreement with the attorney. The purpose of the agreement is to provide the private attorney with information on the payor so that the attorney can assist the …
Chapter 25. Support Enforcement-2545 Administrative Suspension of Licenses Issued by the State of Louisiana
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A. CSE may administratively suspend licenses of child support obligors who are not in compliance with an order for support. License suspension will be considered if income assignment is not effective, or if the obligor is not making payments or is making only periodic payments. A…
Chapter 25. Support Enforcement-2547 Passport Denial
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A. SES shall administratively collect past due child support in accordance with the Passport Denial Program. Individuals owing past due child support amounts in excess of $2,500 will be certified by referral to the Secretary of the United States Department of Health and Human Ser…
Chapter 25. Support Enforcement-2575 Department of Revenue and Taxation
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A. Support Enforcement Services may refer support cases to the Department of Revenue and Taxation which can use any means available under law to collect delinquent court-ordered child support payments. SES will provide to the obligor a 30-day advance notice prior to referral. B. …
Chapter 25. Support Enforcement-2576 Department of Motor Vehicles and Law Enforcement Agencies
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A. SES may obtain information relating to motor vehicle and law enforcement files for purposes of locating a noncustodial parent and for purposes of enforcing orders.
Chapter 25. Support Enforcement-2579 Publication of Names
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A. SES will periodically provide a listing of noncustodial parents who are delinquent in child support payments for publication by the media. Publication may be at the expense of DSS or on a public service basis. The information will also be included on the DSS homepage on the In…