Title 46, Public Welfare and Assistance
0 chapters · 1,238 sections in this title.
La. Rev. Stat. § 46:438.8 Burden of proof; prima facie evidence; standard of review
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§438.8. Burden of proof; prima facie evidence; standard of review A. The burden of proof in an action instituted pursuant to this Part shall be on the medical assistance programs and by a preponderance of the evidence, except that the defendant shall carry the burden of proving t…
La. Rev. Stat. § 46:439.1 Qui tam action; civil action filed by private person
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§439.1. Qui tam action; civil action filed by private person A. A private person may institute a civil action in the courts of this state on behalf of the state and himself to seek recovery for a violation of R.S. 46:438.2, 438.3, or 438.4 pursuant to the provisions of this Subpa…
La. Rev. Stat. § 46:439.2 Qui tam action procedures
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§439.2. Qui tam action procedures A. The following procedures shall be applicable to a qui tam action: (1) The complaint shall be captioned: State of Louisiana Ex Rel.: [insert name of qui tam plaintiff(s)] v. [insert name of defendant(s)]". The qui tam complaint shall be filed w…
La. Rev. Stat. § 46:439.3 Qui tam action procedures; alternative remedies
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§439.3. Qui tam action procedures; alternative remedies Notwithstanding any other provision of this Subpart, the secretary or the attorney general may elect to pursue an administrative or civil action against a qui tam defendant through any alternative remedy available to the sec…
La. Rev. Stat. § 46:439.4 Recovery awarded to a qui tam plaintiff
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§439.4. Recovery awarded to a qui tam plaintiff A.(1) Except as provided by Subsection D of this Section and Paragraph (3) of this Subsection, if the state proceeds in the action brought by a qui tam plaintiff, the qui tam plaintiff shall receive at least fifteen percent, but not…
La. Rev. Stat. § 46:440.1 Medical Assistance Programs Fraud Detection Fund
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§440.1. Medical Assistance Programs Fraud Detection Fund A. The Medical Assistance Programs Fraud Detection Fund, hereafter referred to as the "fund", is created in the state treasury as a special fund. The monies in the fund shall be invested by the state treasurer in the same m…
La. Rev. Stat. § 46:440.11 Legislative findings; declaration; purpose
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§440.11. Legislative findings; declaration; purpose A. The legislature hereby finds all of the following: (1) States are required to implement provisions of the Patient Protection and Affordable Care Act, comprised of Public Laws 111-148 and 111-152, relative to Medicaid recovery…
La. Rev. Stat. § 46:440.12 Definitions
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§440.12. Definitions As used in this Subpart, the following terms have the meaning ascribed in this Section: (1) "Adverse determination" means any decision rendered by the recovery audit contractor that results in a payment to a provider for a claim or service being reduced eithe…
La. Rev. Stat. § 46:440.13 Recovery audit contractor program established; rulemaking
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§440.13. Recovery audit contractor program established; rulemaking A. There is hereby established within the department a recovery audit contractor program. The program shall adhere to the requirements provided in this Subpart. B. The department shall promulgate all rules in acco…
La. Rev. Stat. § 46:440.14 Recovery audit contractors; required functions and tasks
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§440.14. Recovery audit contractors; required functions and tasks A. Notwithstanding any other provision of law to the contrary, the department shall require that its recovery audit contractor perform all of the following functions and tasks: (1) Review claims within three years …
La. Rev. Stat. § 46:440.15 Healthcare provider appeals process
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§440.15. Healthcare provider appeals process A. A provider shall have a right to the informal and formal appeals processes for determinations made by the recovery audit contractor as provided in this Section. B. The contractor shall establish an informal appeals process that conf…
La. Rev. Stat. § 46:440.16 Contractor performance oversight; penalties; protections
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§440.16. Contractor performance oversight; penalties; protections A. If more than twenty-five percent of the contractor's adverse determinations are overturned on appeal in any six-month period, then the House Committee on Health and Welfare and the Senate Committee on Health and…
La. Rev. Stat. § 46:440.2 Rewards for fraud and abuse information
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§440.2. Rewards for fraud and abuse information A. The secretary may provide a reward of up to two thousand dollars to an individual who submits information to the secretary which results in recovery pursuant to the provisions of this Part, provided such individual is not himself…
La. Rev. Stat. § 46:440.21 Medicaid program integrity measures
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§440.21. Medicaid program integrity measures A. The legislature hereby finds and declares the following: (1) It is the policy of this state to protect public benefits for those who are truly needy and eligible for such benefits and to prevent waste and fraud from limiting availab…
La. Rev. Stat. § 46:440.3 Repealed by Acts 2025, No
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§440.3. Repealed by Acts 2025, No. 206, §2.
La. Rev. Stat. § 46:440.4 Repealed by Acts 2022, No
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§440.4. Repealed by Acts 2022, No. 252, §4.
La. Rev. Stat. § 46:440.5 Repealed by Acts 2022, No
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§440.5. Repealed by Acts 2022, No. 252, §4.
La. Rev. Stat. § 46:440.6 Repealed by Acts 2022, No
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§440.6. Repealed by Acts 2022, No. 252, §4.
La. Rev. Stat. § 46:440.7 Repealed by Acts 2022, No
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§440.7. Repealed by Acts 2022, No. 252, §4.
La. Rev. Stat. § 46:440.8 Repealed by Acts 2022, No
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§440.8. Repealed by Acts 2022, No. 252, §4.
La. Rev. Stat. § 46:441 RS 46:441
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§441 eff. until Oct. 1, 2027. See Acts 2025, No. 478. §441. Surviving spouse of public assistance recipients; retention of benefits received during month of death A surviving spouse of a general assistance recipient is hereby authorized to receive and retain any financial assista…
La. Rev. Stat. § 46:442 Medicaid provider claims; period for filing
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§442. Medicaid provider claims; period for filing A. In administering the Medicaid program of this state, the Louisiana Department of Health shall not limit the period within which a healthcare provider may submit a claim for payment for a covered service rendered to a Medicaid p…
La. Rev. Stat. § 46:443 RS 46:443
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§443 eff. until Oct. 1, 2027. See Acts 2025, No. 478. §443. Exemption of income and resources The secretary of the Department of Children and Family Services and the secretary of the Louisiana Department of Health are hereby authorized to adopt income and resources exemption poli…
La. Rev. Stat. § 46:444 RS 46:444
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§444 eff. until Oct. 1, 2027. See Acts 2025, No. 478. §444. Cooperation with administrative agencies relative to interchange of information The Department of Children and Family Services is hereby authorized to provide for interchange of such information necessary in providing fo…
La. Rev. Stat. § 46:445 Minor emancipated by marriage; nursing care benefits
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§445. Minor emancipated by marriage; nursing care benefits A minor emancipated by marriage shall not be ineligible, by reason of age alone, to apply for and receive nursing care benefits. Added by Acts 1970, No. 347, §1.
La. Rev. Stat. § 46:446 Recovery of medical assistance payments; notice; pleadings; compromise;
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§446. Recovery of medical assistance payments; notice; pleadings; compromise; prescription; privilege for reimbursement of Medicaid payments A. As used in this Section, the following terms have the meaning ascribed in this Subsection: (1) "Department" means the Louisiana Departme…
La. Rev. Stat. § 46:446.1 Notice to department by insurance companies; payment of assigned claims; civil
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§446.1. Notice to department by insurance companies; payment of assigned claims; civil penalties A.(1) Every person or entity authorized to issue a hospital or medical service contract or any insurance contract in the state of Louisiana, shall provide notice to the Louisiana Depa…
La. Rev. Stat. § 46:446.2 Third-party liability; acquisition of rights
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§446.2. Third-party liability; acquisition of rights A. For purposes of R.S. 46:446.2 through 446.5, "third party" shall mean health and accident insurers, group health plans as defined in §607(1) of the Employee Retirement Income Security Act of 1974, service benefit plans, hosp…
La. Rev. Stat. § 46:446.3 Prenatal or preventive pediatric care; payment and reimbursement
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§446.3. Prenatal or preventive pediatric care; payment and reimbursement In the case of prenatal or preventive pediatric care including early and periodic screening and diagnosis services paid by Medicaid, the department shall: (1) Make payment for such service in accordance with…
La. Rev. Stat. § 46:446.4 Payment for dependent children; reimbursement
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§446.4. Payment for dependent children; reimbursement In the case of any services covered by Medicaid which are provided to an individual on whose behalf child support enforcement is being carried out by the state, the department shall: (1) Make payment for such service in accord…
La. Rev. Stat. § 46:446.5 Participating providers; furnishing of services; collection of fees
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§446.5. Participating providers; furnishing of services; collection of fees A. A person who furnishes services and is participating as a provider in the Medicaid program may not refuse to furnish services to an individual who is entitled to have payment made by Medicaid for the s…
La. Rev. Stat. § 46:446.6 Definitions; requirements of health insurers for the right of the Louisiana
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§446.6. Definitions; requirements of health insurers for the right of the Louisiana Department of Health and of health care providers to recover in Medicaid claims A. As used in this Section, the following words and phrases shall have the following meanings: (1) "Department" mean…
La. Rev. Stat. § 46:447 RS 46:447
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§447 eff. until Oct. 1, 2027. See Acts 2025, No. 478. §447. Revision of standard of need; aid to families with dependent children; general assistance A. The Louisiana Department of Health and the Department of Children and Family Services jointly shall revise the standard of need…
La. Rev. Stat. § 46:447.1 Public assistance recipients; family planning education; contraceptives
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§447.1. Public assistance recipients; family planning education; contraceptives A.(1) Subject to the provisions of appropriation acts, the secretary of the Louisiana Department of Health shall establish a program to provide information to public assistance recipients regarding fa…
La. Rev. Stat. § 46:447.2 Pregnant women and infants; access to health care; expansion of Medicaid
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§447.2. Pregnant women and infants; access to health care; expansion of Medicaid eligibility A. The legislature hereby finds and declares that: (1) Early, high quality, comprehensive prenatal care is the most effective means for reducing the state's rate of infant mortality. Desp…
La. Rev. Stat. § 46:447.3 In-hospital mental health care for adopted children; state's duty to furnish
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§447.3. In-hospital mental health care for adopted children; state's duty to furnish To the extent funds are appropriated by the legislature for such purpose, in all adoption subsidy agreements executed after September 1, 2001, involving a child in the custody of the Department o…
La. Rev. Stat. § 46:447.4 Inpatient treatment following a perinatal psychiatric diagnosis; Medicaid
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§447.4. Inpatient treatment following a perinatal psychiatric diagnosis; Medicaid A. Medicaid managed care organizations shall provide coverage for voluntary inpatient treatment for a Medicaid recipient with a perinatal psychiatric diagnosis. Inpatient admissions, including overn…
La. Rev. Stat. § 46:448 Emergency assistance information and referral
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§448. Emergency assistance information and referral A. As used in this Section: (1) "Office of children and family services" shall mean the office of children and family services, Department of Children and Family Services, state of Louisiana. (2) "Emergency assistance" shall mea…
La. Rev. Stat. § 46:449 Family responsibility program
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§449. Family responsibility program A. For purposes of this Section, the following terms shall have the following meanings unless the context clearly indicates otherwise: (1) "Department" shall mean the Louisiana Department of Health. (2) "Recipient" shall mean any person receivi…
La. Rev. Stat. § 46:450 WIC Program; authorized vendor participation
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§450. WIC Program; authorized vendor participation A. Notwithstanding any other state laws or any rules or regulations promulgated by the Department of Children and Family Services, no applicant shall be prohibited from participating in the WIC Program as an authorized vendor bas…
La. Rev. Stat. § 46:450.1 Electronic authorization and distribution of public assistance benefits and services
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§450.1. Electronic authorization and distribution of public assistance benefits and services NOTE: Subsection A eff. until Oct. 1, 2027. See Acts 2025, No. 478. A. The office of children and family services, Department of Children and Family Services, and the Louisiana Department…
La. Rev. Stat. § 46:450.2 Vehicles engaged in providing nonemergency, nonambulance
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§450.2. Vehicles engaged in providing nonemergency, nonambulance transportation; inspection A. The Louisiana Department of Health shall annually review vehicle inspection and insurance documents to ensure current compliance for all vehicles used by enrolled Medicaid transportatio…
La. Rev. Stat. § 46:450.3 WIC participants; homeless
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§450.3. WIC participants; homeless A. The office of public health within the Louisiana Department of Health shall adopt rules and regulations for the WIC program in accordance with the Administrative Procedure Act to provide nonperishable food items to women and children. Such ru…
La. Rev. Stat. § 46:450.4 Repealed by Acts 2017, No
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§450.4. Repealed by Acts 2017, No. 237, §3.
La. Rev. Stat. § 46:450.5 Chronic kidney disease; evaluation; classification; criteria; healthcare coverage
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§450.5. Chronic kidney disease; evaluation; classification; criteria; healthcare coverage A. Any enrollee in Medicaid who is eligible for services and who has a diagnosis of diabetes or hypertension, or who has a family history of kidney disease, shall be evaluated for kidney dis…
La. Rev. Stat. § 46:450.6 Election of Chafee Option
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§450.6. Election of Chafee Option A. To the extent federal financial participation is available pursuant to an approved state Medicaid plan amendment, the Louisiana Department of Health shall exercise its option under 42 U.S.C. 1396a(a)(10)(A)(ii)(XVII) to extend to independent f…
La. Rev. Stat. § 46:450.7 Medicaid prescription drug benefit program
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§450.7. Medicaid prescription drug benefit program A.(1) The Louisiana Department of Health, referred to hereafter in this Section as the "department", shall administer the Medicaid prescription drug benefit program in accordance with the authority provided for in this Section. (…
La. Rev. Stat. § 46:450.8 Continuous glucose monitors; Medicaid coverage
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§450.8. Continuous glucose monitors; Medicaid coverage A. Except as provided in Subsection B of this Section, the Louisiana Medicaid program shall provide coverage for a continuous glucose monitor for the treatment of an enrollee who has one of the following conditions: (1) Any t…
La. Rev. Stat. § 46:451 Medicaid reimbursement; midwifery services
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§451. Medicaid reimbursement; midwifery services A. The legislature hereby finds and affirms all of the following: (1) Midwives are community-based practitioners who provide comprehensive, holistic, individualized maternity care and alternative birthing services to low-risk clien…
La. Rev. Stat. § 46:452 Repealed by Acts 1997, No
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§452. Repealed by Acts 1997, No. 1155, §3, eff. July 1, 1997.