Title 42, Public Officers and Employees

0 chapters · 457 sections in this title.

457 sectionsFiltered byTitle 42

La. Rev. Stat. § 42:722 Agencies governed
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§722. Agencies governed The agencies whose personnel administration shall be governed by this Chapter are the state board of health, the department of public welfare, the office of employment security of Louisiana Works, the hospital and health planning division of the state hosp…
La. Rev. Stat. § 42:723 Positions exempted
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§723. Positions exempted Positions in the federal aid agencies and in the merit system council which are not governed by the provisions of this Chapter and are in the exempt service are: (1) The state health officer, a confidential secretary to the state health officer, and the c…
La. Rev. Stat. § 42:724 §§724 to 727 repealed by Acts 1989, No
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§724. §§724 to 727 repealed by Acts 1989, No. 662, §8, eff. July 7, 1989.
La. Rev. Stat. § 42:728 Duties of the merit system director
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§728. Duties of the merit system director The merit system director shall be the executive and administrative head of the Louisiana merit system council and shall direct and supervise all of its administrative and technical activities. In addition to the duties imposed upon him i…
La. Rev. Stat. § 42:729 Statement of policy
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§729. Statement of policy The State of Louisiana recognizes that intergovernmental cooperation is an essential factor in resolving problems affecting the state and that the interchange of personnel between and among the governmental agencies at the same or different levels of gov…
La. Rev. Stat. § 42:73 Declaration of forfeiture of office created by statute
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§73. Declaration of forfeiture of office created by statute Whenever the governor ascertains that any public officer, whose office is established by an act of the legislature, has given adhesion to or recognized the authority of any usurper as provided in R.S. 42:71 and 42:72, he…
La. Rev. Stat. § 42:730 Definitions; interchange of employees; authority of agency heads
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§730. Definitions; interchange of employees; authority of agency heads A. For the purposes of R.S. 42:729 and 42:730, the following words and phrases shall have the meanings ascribed to them in this subsection: (1) "Sending agency" means any department or agency of the federal go…
La. Rev. Stat. § 42:74 Declaration of forfeiture of office created by constitution
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§74. Declaration of forfeiture of office created by constitution Whenever the governor is informed that any public officer has forfeited his office by giving adhesion to or recognizing any usurper the governor may, when the office is established by the constitution, direct the At…
La. Rev. Stat. § 42:75 Appointment to fill vacancy
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§75. Appointment to fill vacancy Whenever the court of competent jurisdiction declares that any public officer, whose office is established by the constitution, has forfeited his office, within contemplation of R.S. 42:72, the governor shall fill such office by appointment under …
La. Rev. Stat. § 42:76 Actions to try right to office; associations acting as corporations
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§76. Actions to try right to office; associations acting as corporations An action shall be brought in the name of the state in any of the following cases: (1) When any person usurps, intrudes into, or unlawfully holds or exercises or attempts to remain in possession of any publi…
La. Rev. Stat. § 42:77 Personal right of action
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§77. Personal right of action In the cases provided in R.S. 42:76(1) and 42:76(2), the action may be brought by any person demanding possession of the office against any person claiming or exercising the functions of the office.
La. Rev. Stat. § 42:78 Service; answer
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§78. Service; answer Service shall be made in the cases provided for in R.S. 42:76 and 42:77, the same as in other civil suits, and the answer of the defendant shall be filed within the legal delays as in other suits. These cases shall be tried by preference over all other cases,…
La. Rev. Stat. § 42:79 Interested persons to be joined with state
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§79. Interested persons to be joined with state When the suit is brought by the attorney general of the state or by the district attorney under the provisions of R.S. 42:76 on the relation or information of any interested person, the name of that person shall be joined with the s…
La. Rev. Stat. § 42:8 Redesignated as R.S
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§8. Redesignated as R.S. 42:23 by Acts 2010, No. 861, §23.
La. Rev. Stat. § 42:80 Complaint; decree
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§80. Complaint; decree When an action is brought against a person for usurping or intruding into or unlawfully holding or attempting to retain possession of a public office, the person who brings the action must set forth in the complaint the name of the person rightfully entitle…
La. Rev. Stat. § 42:801 Administration
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§801. Administration A. The Office of Group Benefits is hereby created within the office of the governor, division of administration. B. As used in this Chapter, "office" means the Office of Group Benefits created in this Section. C. The general administration of all aspects of p…
La. Rev. Stat. § 42:802 Powers and duties; Office of Group Benefits
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§802. Powers and duties; Office of Group Benefits A.(1) The Office of Group Benefits shall have the powers and privileges of a corporation and shall exercise all powers, duties, functions, and responsibilities provided or authorized for it by law. It shall directly exercise all p…
La. Rev. Stat. § 42:802.1 Benefit plans for provision of coverage through a fully insured product provided by a health maintenance organization domiciled in Louisiana
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§802.1. Benefit plans for provision of coverage through a fully insured product provided by a health maintenance organization domiciled in Louisiana A. In the development of contracts for health insurance plans intended to be offered in each of the office's regions, the office sh…
La. Rev. Stat. § 42:803 Chief executive officer; chief operating officer; powers and duties
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§803. Chief executive officer; chief operating officer; powers and duties A. The commissioner of administration shall appoint a chief executive officer who shall be an unclassified employee and serve at the pleasure of the commissioner of administration and shall be subject to Se…
La. Rev. Stat. § 42:804 §804
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§804. §804. Repealed by Acts 2018, No. 676, §2.
La. Rev. Stat. § 42:805 Collection and deposit of contributions
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§805. Collection and deposit of contributions A. The office shall be responsible for preparing and transmitting to each employer agency a monthly invoice premium statement delineating the participating employees of that agency, the class of coverage, total amount of employer and …
La. Rev. Stat. § 42:806 Claims
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§806. Claims The office shall be responsible for the processing of all claims under policies for group benefits for state employees contracted for under the provisions of this Chapter. The office shall be responsible for the disbursement of all payments of such claims to program …
La. Rev. Stat. § 42:807 Retroactive cancellation of coverage
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§807. Retroactive cancellation of coverage A. The office is authorized to retroactively cancel coverage in programs offered through the office in the following instances: (1) To the extent the cancellation of coverage is attributable to a failure of the enrollee to timely pay req…
La. Rev. Stat. § 42:808 Eligibility in group programs
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§808. Eligibility in group programs A. For the purposes of participating in life, health, or other programs sponsored by the Office of Group Benefits, an employee is defined as: (1) A classified or unclassified state civil service employee. (2) A retiree as defined by the rules a…
La. Rev. Stat. § 42:809 Payroll deductions for payment of premiums, surcharges, and other voluntary
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§809. Payroll deductions for payment of premiums, surcharges, and other voluntary contributions State boards, commissions, municipalities, and other public bodies may deduct from the employee's pay, salary, or compensation, such parts of the premiums, surcharges, and other volunt…
La. Rev. Stat. § 42:81 Demand for possession
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§81. Demand for possession If the judgment is against the defendant, and rendered upon the right and in favor of the person alleged to be entitled to the office, he shall have the right, after taking the oath of office, and otherwise complying with the requirements of law, to tak…
La. Rev. Stat. § 42:810 Audit of program accounts
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§810. Audit of program accounts The office shall have the accounts of the program audited annually by the legislative auditor or a certified public accountant as described by R.S. 24:513 and shall furnish, as of the end of each fiscal year, a report showing a statement of revenue…
La. Rev. Stat. § 42:811 Termination provisions
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§811. Termination provisions A. No state agency, local school board, political subdivision, or other entity participating in programs offered through the Office of Group Benefits shall terminate participation in those programs, unless each of the following conditions is met: (1) …
La. Rev. Stat. § 42:812 Transparency in prior authorizations
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§812. Transparency in prior authorizations A. Beginning January 1, 2023: (1) The office shall require every health plan offered through the office to furnish in writing or provide electronically, within one business day of a written or oral request by a healthcare provider, the m…
La. Rev. Stat. § 42:813 Definitions
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§813. Definitions For the purposes of this Subpart, the following terms shall have the following meanings: (1) "Administrative fee" means the sole compensation that the administrator or pharmacy benefit manager receives under the contract. The administrative fee includes all serv…
La. Rev. Stat. § 42:814 Revenue reports
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§814. Revenue reports A.(1) Annually on or before April first, each administrator and pharmacy benefit manager that had a contract with the office in the preceding calendar year shall file a report with the office detailing any known revenues outside of the administrative fee rel…
La. Rev. Stat. § 42:815 Administrators
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§815. Administrators A. Each administrator contract with the office shall clearly establish an administrative fee or a calculation for an administrative fee to be retained by the administrator for performance of its duties. The administrator is prohibited from retaining revenues …
La. Rev. Stat. § 42:816 Pharmacy benefit managers
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§816. Pharmacy benefit managers A. Each pharmacy benefit manager contract with the office shall clearly establish an administrative fee or a calculation for an administrative fee to be retained by the pharmacy benefit manager for performance of its duties. The pharmacy benefit ma…
La. Rev. Stat. § 42:817 Penalties
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§817. Penalties A. Each administrator and pharmacy benefit manager owes a duty of good faith and fair dealing to the office. Failure to file a report required by this Subpart or failure to accurately or completely disclose revenues on such report shall constitute a breach of the …
La. Rev. Stat. § 42:82 Damages
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§82. Damages If the judgment is in favor of the person alleged to be entitled to the office, he may recover the damages he sustained by reason of the usurpation by the defendant.
La. Rev. Stat. § 42:821 Authority for employee benefit programs; payment of premiums out of appropriated funds
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§821. Authority for employee benefit programs; payment of premiums out of appropriated funds A.(1)(a) The state of Louisiana, through the Office of Group Benefits, and each of its governmental and administrative subdivisions, departments, or agencies of the executive, legislative…
La. Rev. Stat. § 42:83 Joinder of claimants
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§83. Joinder of claimants Where several persons claim to be entitled to the same office or franchise one action may be brought against all of them in the same suit in order to try their rights to the office or franchise.
La. Rev. Stat. § 42:84 Defendant liable for costs and damages
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§84. Defendant liable for costs and damages When the defendant against whom such action is brought is adjudged guilty of usurping or intruding into, or unlawfully holding or exercising any office, franchise or privilege, judgment shall be rendered that the defendant be excluded f…
La. Rev. Stat. § 42:85 Appeal
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§85. Appeal Appeals to the supreme court may be taken from the action provided for in R.S. 42:76 through 42:84, the same as in other cases. But all these cases shall take preference when they come before the supreme court over all other cases in the order of trial, and shall be m…
La. Rev. Stat. § 42:851 Authority for employee benefit programs; payroll deduction for payment of premiums
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§851. Authority for employee benefit programs; payroll deduction for payment of premiums A. The state of Louisiana, through the Office of Group Benefits and each of its governmental and administrative subdivisions, departments, or agencies of the executive, legislative, or judici…
La. Rev. Stat. § 42:852 Coverage for optometric services
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§852. Coverage for optometric services Notwithstanding any provision of law or any rule or regulation to the contrary, the Office of Group Benefits shall provide its eligible benefits, as defined by the program, for visual services which are rendered within the lawful scope of pr…
La. Rev. Stat. § 42:853 Coverage for chiropractic services
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§853. Coverage for chiropractic services Notwithstanding any provision of law or any rule or regulation to the contrary, the Office of Group Benefits shall provide its eligible benefits as defined by the program for services which are rendered within the lawful scope of practice …
La. Rev. Stat. § 42:854 Office of Group Benefits; use of monies
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§854. Office of Group Benefits; use of monies A. Repealed by Acts 2018, No. 676, §2. B. Repealed by Acts 2018, No. 676, §2. C. Notwithstanding any other provision of law to the contrary, any money received by or under the control of the Office of Group Benefits shall not be used,…
La. Rev. Stat. § 42:855 Repealed by Acts 2018, No
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§855. Repealed by Acts 2018, No. 676, §2.
La. Rev. Stat. § 42:856 Optional coverage for rehabilitative physical therapy, speech and language pathology therapy, and occupational therapy
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§856. Optional coverage for rehabilitative physical therapy, speech and language pathology therapy, and occupational therapy A. Notwithstanding any provision of law or any rule or regulation to the contrary, the Office of Group Benefits may, at the option of the chief executive o…
La. Rev. Stat. § 42:857 Authorization for surcharge
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§857. Authorization for surcharge A. Notwithstanding any other provision of law or rule or regulation to the contrary, the Office of Group Benefits may impose a surcharge, payable by the participant employer or an enrollee, regardless of the source of funding, upon any class of e…
La. Rev. Stat. § 42:858 Contracts to be subject to other laws concerning group insurance
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§858. Contracts to be subject to other laws concerning group insurance All group insurance contracts effected pursuant hereto shall conform and be subject to all the provisions of any existing or future laws concerning group insurance. Acts 2001, No. 1178, §5, eff. June 29, 2001.
La. Rev. Stat. § 42:859 Refund of expenditures ineligible for reimbursement
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§859. Refund of expenditures ineligible for reimbursement A. Notwithstanding any provision of law or any rule or regulation to the contrary, no refund shall be required from a plan member or health care provider on a paid claim determined by audit or review to be ineligible under…
La. Rev. Stat. § 42:86 Manner of trial
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§86. Manner of trial All the cases coming under the provisions of R.S. 42:76 through 42:84 may be tried before a judge of the district in chambers, or at a special term called by the judge on legal notice being given the parties interested; and, if required by either party, the j…
La. Rev. Stat. § 42:87 Discontinuance of contests
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§87. Discontinuance of contests Whenever there is pending in any court of this state, an untried suit wherein the title to or possession of any office is involved, regardless of the nature of the pleadings, it may be discontinued by the plaintiff upon payment of costs.