Contents october 2013 I. Executive orders



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CONTENTS October 2013

I. EXECUTIVE ORDERS

BJ 13-16 Flags at Half Staff 2658

BJ 13-17 Offender Labor 2658
II. EMERGENCY RULES

Children and Family Services

Division of ProgramsRisk Assessment Evaluation (LAC 67:I.Chapter 3) 2659

Division of Programs, Economic Stability SectionUse of TANF Benefits (LAC 67:III.1259 and 5351) 2661

Education

Student Financial Assistance Commission, Office of Student Financial AssistanceScholarship/Grant
Programs
TOPS Tuition (LAC 28:IV.301 and 1903) 2662

Governor

Boxing and Wrestling CommissionSafety Requirements (LAC 46:XI.305 and 707) 2663

Health and Hospitals

Behavior Analyst BoardApplication Procedures and Board Fees (LAC 46:VIII.Chapter 3) 2664

Board of PharmacyCompounding for Prescriber Use (LAC 46:LIII.2535) 2665

Bureau of Health Services FinancingCoordinated Care Network (LAC 50:I.3103-3109, 3303 and 3307) 2666

Disproportionate Share Hospital PaymentsPublic-Private Partnerships (LAC 50:V.Chapter 29) 2668

Disproportionate Share Hospital PaymentsPublic-Private PartnershipsNorth and Central Louisiana
Areas (LAC 50:V.2903) 2669


Disproportionate Share Hospital PaymentsPublic-Private PartnershipsSouth Louisiana Area

(LAC 50:V.2903) 2670

Home and Community-Based Services WaiversChildren’s ChoiceAllocation of Waiver Opportunities
for Chisholm Class Members (LAC 50:XXI.11103, 11107, 11303, Chapter 115, and 11703)
2671

Home and Community-Based Services WaiversChildren’s ChoiceAllocation of Waiver Opportunities
for Chisholm Class Members (LAC 50:XXI.Chapter 111, 11301-11303 and Chapter 115) 2674

Inpatient Hospital ServicesMajor Teaching HospitalsQualifying Criteria (LAC 50:V.1301-1309) 2677

Inpatient Hospital ServicesPublic-Private PartnershipsReimbursement Methodology

(LAC 50:V.1703) 2679

Inpatient Hospital ServicesPublic-Private PartnershipsSouth Louisiana Area (LAC 50:V.1703) 2680

Inpatient Hospital ServicesPublic-Private PartnershipsSupplemental Payments

(LAC 50:V.Chapter 17) 2682

Intermediate Care Facilities for Persons with Developmental Disabilities—Public Facilities
Reimbursement Methodology (LAC 50:VII.32969) 2683


Hospice Services (LAC 50:XV.Chapter 33-35, 3701-3703, and Chapters 39-43) 2683

Medical Transportation ProgramEmergency Ambulance ServicesSupplemental Payments
(LAC 50:XXVII.327 and 355) 2686

Nursing FacilitiesLeave of Absence DaysReimbursement Reduction (LAC 50:II.20021) 2689

Nursing FacilitiesPer Diem Rate Reduction (LAC 50:II.20005) 2690

Nursing FacilitiesReimbursement MethodologyLow Income and Needy Care Collaboration
(LAC 50:II.20025) 2690


Nursing FacilitiesReimbursement MethodologyPrivate Room Conversions (LAC 50:II.20010) 2691

Nursing FacilitiesReimbursement Rate ReductionAfter State Fiscal Year 2013 (LAC 50:II.20005) 2692

Nursing FacilitiesReimbursement Rate ReductionBefore State Fiscal Year 2013 (LAC 50:II.20005) 2693

Outpatient Hospital ServicesPublic-Private PartnershipsSouth Louisiana Area (LAC 50:V.6703) 2693

Outpatient Hospital ServicesPublic-Private PartnershipsSupplemental Payments
(LAC 50:V.Chapter 67) 2694


Pharmacy Benefits Management ProgramMethods of Payment (LAC 50:XXIX.105 and Chapter 9) 2695

This public document was published at a total cost of $2,500. Two hundred fifty copies of this public document were published in this monthly printing at a cost of $2,500. The total cost of all printings of this document including reprints is $2,500. This document was published by Moran Printing, Inc. 5425 Florida Boulevard, Baton Rouge, LA 70806, as a service to the state agencies in keeping them cognizant of the new rules and regulations under the authority of R.S. 49:950-971 and R.S. 49:981-999. This material was printed in accordance with standards for printing by


state agencies established pursuant to R.S. 43:31. Printing of this material was purchased in accordance with the provisions of Title 43 of the
Louisiana Revised Statutes.
The Office of the State Register provides auxiliary aids for the Louisiana Register for visually impaired individuals. By appointment, oral
presentation of the Register is available at the Office of the State Register, or an audiocassette tape of requested sections of the Register can be provided for the cost incurred by the Office of the State Register in producing such a tape. For more information contact the Office of the State Register.
Pharmacy Benefits Management ProgramState Supplemental Rebate Agreement Program
(LAC 50:XXIX.Chapter 11) 2698


Professional Services ProgramPublic-Private PartnershipsProfessional Practitioners Supplemental
Payments (LAC 50:IX.15157) 2699


Licensed Professional Counselors Board of ExaminersDisclosure or Transfer of Client Records

(LAC 46:LX.2105) 2700

Office for Citizens with Developmental DisabilitiesHome and Community-Based Services Waivers
Children’s Choice
Allocation of Waiver Opportunities for Chisholm Class Members

(LAC 50:XXI.11103, 11107, 11303, Chapter 115, and 11703) 2671

Home and Community-Based Services WaiversChildren’s ChoiceAllocation of Waiver Opportunities
for Chisholm Class Members (LAC 50:XXI.Chapter 111, 11301-11303 and Chapter 115) 2674
III. RULES

Agriculture and Forestry

Office of Agricultural and Environmental Sciences, Agricultural Chemistry and Seed Commission

Seeds (LAC 7:XIII.Chapters 1-11) 2701

Children and Family Services

Economic Stability SectionChild Care Assistance Program (LAC 67:III.5107) 2736

Governor

Board of Architectural ExaminersArchitect Emeritus (LAC 46:I.1539) 2737

Individuals Registered in Other States and Military-Trained Architects and Architect Spouses

of Military Personnel (LAC 46:I.1103 and 1109) 2737

Cemetery BoardCemetery Industry (LAC 46:XIII.Chapters 1-25) 2739

Health and Hospitals

Board of DentistryNotice of Hearings (LAC 46:XXXIII.903 and 907) 2752

Required Equipment (LAC 46:XXXIII.1511) 2753

Sedation (LAC 46:XXXIII.1506 and 1507) 2753

Board of Examiners of PsychologistsContact Information (LAC 46:LXIII.903) 2754

Continuing Education (LAC 46:LXIII.Chapter 8) 2754

Temporary Registration (LAC 46:LXIII.Chapter 10) 2756

Board of Wholesale Drug DistributorsRequirements, Qualifications, and Recordkeeping

(LAC 46:XCI.301, 305, and 311) 2757

Bureau of Health Services FinancingAdult Day Care CentersLicensing Standards

(LAC 48:I.Chapter 43) 2759

Early and Periodic ScreeningDiagnosis and TreatmentSchool-Based Nursing Services

(LAC 50:XV.Chapter 95) 2760

Family Support/Subsidy ServicesLicensing Standards (LAC 48:I.Chapter 59) 2762

Intermediate Care Facilities for Persons with Developmental DisabilitiesReimbursement Rate

Reduction (LAC 50:VII.32903) 2766

Personal Care Attendant ServicesLicensing Standards (LAC 48:I.Chapter 77) 2766

Prosthetics and OrthoticsReimbursement Rate Reduction (LAC 50:XVII.501) 2770

Respite CareLicensing Standards (LAC 48:I.Chapter 81) 2770

Insurance

Office of the CommissionerRegulation 101Registration and Regulation of Navigators

(LAC 37:XIII.Chapter 143) 2773

Natural Resources

Office of Coastal ManagementMitigation (LAC 43:I.700 and 724) 2775

Public Safety and Corrections

Corrections ServicesAdministrative Remedy Procedure (LAC 22:I.325) 2779

Office of State PoliceHazardous Material Information Development Preparedness and Response Act
(LAC 33:V.10111) 2783


State

Commercial Division, Notary DivisionNotaries Public (LAC 46:XLVI.Chapter 1) 2784

Commercial Division, Office of Uniform Commercial CodeUniform Commercial Code

(LAC 10:XIX.Chapters 1-3) 2789

Elections DivisionVoter Registration at Mandatory Voter Registration Agencies (LAC 31:II.Chapter 4) 2789

Transportation and Development

Office of EngineeringAutomatic License Plate Camera Devices (LAC 70:II.527) 2801

Professional Engineering and Land Surveying BoardMilitary-Trained Individuals and Military Spouses

(LAC 46:LXI.903, 905, 909, and 911) 2801
IV. NOTICES OF INTENT

Children and Family Services

Division of Programs, Licensing Section¾Licensing Class “A” Regulations for Child Care Centers



(LAC 67:III.7302, 7303, 7304, 7305, 7311, 7315, 7317, 7331, 7333, and 7335) 2804

Licensing Class “B” Regulations for Child Care Centers (LAC 67:III.7355, 7357, 7359, 7361, 7363, 7365,

7371, 7372 and 7385) 2815

Economic Stability SectionChild Care Quality Rating System (LAC 67:III.5124) 2826

Economic Development

Office of Business Development¾Research and Development Tax Credit Program (LAC 13:I.Chapter 29) 2827

Education

Student Financial Assistance Commission, Office of Student Financial Assistance

Scholarship/Grant Programs (LAC 28:IV.301 and 1903) 2831

Environmental Quality

Office of the Secretary, Legal Division¾Regulatory Permit for Stationary Internal Combustion Engines

(LAC 33:III.311)(AQ342) 2833

Solid Waste Financial Document Update (LAC 33:VII.301, 407, 513, 517, 519, 527, 709, 717, 719,

1303, 1399, and 10313)(SW055) 2836

Governor

Board of Home Inspectors¾Education/Training, Continuing Education, Military Trained Applicants, and

Special Investigative Entity (LAC 46:XL.119, 121, 122, 703, 705 and 707) 2846

Board of Pardons¾Mission Statement (LAC 22:V.101) 2848

ParoleMission Statement, Meetings and Hearings of the Committee on Parole, Parole

Decisions, and Time Served (LAC 22:108, 511, 701, 705, 1115, and 1301) 2849

Division of Administration, Racing Commission¾Corrupt and Prohibited Practices (LAC 35:I.1797) 2851

Health and Hospitals

Bureau of Health Services Financing¾Coordinated Care Network¾Prescription Drugs Prior

Authorization Form (LAC 50:I.3303 and 3503) 2852

Home and Community-Based Services Waivers¾Children’s Choice¾Housing Stabilization and

Transition Services (LAC 50:XXI.11303 and 12101) 2853

Home and Community-Based Services Waivers¾New Opportunities Waiver¾Policy Clarifications and

New Services (LAC 50:XXI.Chapters 137-143) 2855

Home and Community-Based Services Waivers¾Supports Waiver¾Housing Stabilization and

Transition Services (LAC 50:XXI.5717, 5719 and 6101) 2869

Pharmacy Benefits Management Program¾Medication Administration¾Influenza Vaccinations

(LAC 50:XXIX.123, 991 and 993) 2871

Rural Health Clinics¾Fluoride Varnish Applications (LAC 50:XI.16301 and 16701) 2872

Third Party Liability¾Provider Billing and Trauma Recovery (LAC 50:I.Chapter 83) 2874

Office for Citizens with Developmental Disabilities¾Home and Community-Based Services Waivers

Children’s Choice¾Housing Stabilization and Transition Services (LAC 50:XXI.11303 and 12101) 2853

Home and Community-Based Services Waivers¾New Opportunities Waiver¾Policy Clarifications and

New Services (LAC 50:XXI.Chapters 137-143) 2855

Home and Community-Based Services Waivers¾Supports Waiver¾Housing Stabilization and

Transition Services (LAC 50:XXI.5717, 5719 and 6101) 2869

Natural Resources

Office of Coastal Management¾Mitigation (LAC 43:I.724) 2930

Office of ConservationClass III (Solution-Mining) Injection Wells (LAC 43:XVII.Chapter 33) 2875

Hydrocarbon Storage Wells in Salt Dome Cavities (LAC 43:XVII.Chapter 3) 2902

Revenue

Policy Services DivisionIncome Tax Credits for Solar Energy Systems (LAC: 61:I.1907) 2932

Workforce Commission

Office of Workers’ Compensation Fee Schedule Update (LAC 40:I:306, 307, 4119, 4339, 5101,

5127, 5157, 5315, 5321, and 5399) 2937

Notice of Payment, Modification, Suspension, Termination or Controversion of Compensation or

Medical Benefits (LAC 40:I.6631) 2949
V. ACU

CumulativeJanuary 2013 through September 2013 2954
VI. POTPOURRI

Environmental Quality

Office of the Secretary, Legal DivisionPublic Hearing—Substantive Changes to Proposed Rule AQ329

Asbestos-Containing Materials in Schools and State Buildings (LAC 33:III.2701, 2703, 2705, 2707,

2711, 2713, 2717, 2719, 2721, 2723, 2725, 2735, 2739, 2741 and 2799)(AQ329S) 2957

Public Hearing—Substantive Changes to Proposed Rule AQ330 Emission Standard for Asbestos

(Demo/Reno)(LAC 33:III.5151)(AQ330S) 2957

Health and Hospitals

Board of NursingPublic HearingSubstantive Changes to Proposed RuleAdvance Practice

Registered Nurses (LAC 46:XLVII.4503 and 4505) 2958

Natural Resources

Office of ConservationOrphaned Oilfield Sites 2959

Office of the Secretary, Fishermen’s Gear Compensation FundUnderwater Obstruction

Latitude/Longitude Coordinates 2960

Public Safety and Corrections

` Office of State PolicePublic Hearing—Substantive Changes to Proposed Rule Amendments

Towing, Recovery and Storage (LAC 55:I.1905, 1913, 1943 and 1947) 2960
VII. INDEX 2963



Executive Orders



EXECUTIVE ORDER BJ 13-16

Flags at Half Staff

WHEREAS, On Monday morning, September 16, 2013, twelve people were killed in a senseless attack at the Washington Navy Yard;

WHEREAS, Eight individuals were also wounded in this attack;

WHEREAS, Countless service members, law enforcement officers, first responders, volunteers and citizens risked their lives to provide immediate aid to the numerous victims;

WHEREAS, The thoughts and prayers of all Louisianians are with the families and the victims of this horrific attack.

NOW THEREFORE, I, BOBBY JINDAL, Governor of the State of Louisiana, by virtue of the authority vested by the Constitution and laws of the State of Louisiana, do hereby order and direct as follows:

SECTION 1: As an expression of respect for the victims of the Washington Navy Yard attack, effective immediately, the flags of the State of Louisiana shall be flown at half staff over the State Capitol and all public buildings and institutions of the State of Louisiana until sunset on Friday, September 20, 2013.

SECTION 2: This Order is effective upon signature and shall remain in effect until sunset, Friday, September 20, 2013, unless amended, modified, terminated, or rescinded prior to that date.

IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the city of Baton Rouge, on this 17th day of September, 2013.


Bobby Jindal

Governor


ATTEST BY

THE GOVERNOR

Tom Schedler

Secretary of State

1310#091

EXECUTIVE ORDER BJ 13-17

Offender Labor

WHEREAS, during the 1988 Regular Session of the Louisiana Legislature, Act. No. 933 was enacted relative to correctional facilities offender labor;

WHEREAS, as amended, Act. No. 933, among other things, authorizes the governor to use offender labor in certain projects or maintenance or repair work; and

WHEREAS, the Act further provides that the governor, upon determining that it is appropriate and in furtherance of rehabilitation and training of offenders, may, by executive order, authorize the use of offenders of a penal or correctional facility owned by the State of Louisiana for necessary labor in connection with a particular project;

NOW THEREFORE I, BOBBY JINDAL, Governor of the State of Louisiana, by virtue of he authority vested by the Constitution and laws of the State of Louisiana, do hereby order and direct as follows:

SECTION 1: In furtherance of the goals of the State of Louisiana of supporting positive offender welfare, rehabilitating offenders, reducing recidivism, and reintegrating offenders into society, offender labor is hereby authorized to complete construction of a certain warehouse facility at Louisiana State Penitentiary, Angola, Louisiana, to be utilized by Prison Enterprises in administration of the Offender Canteen Packaging Program.

SECTION 2: This Order is effective upon signature and shall continue in effect until amended, modified, terminated, or rescinded by the governor, or terminated by operation of law.

IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the city of Baton Rouge, on this 7th day of October, 2013.
Bobby Jindal

Governor


ATTEST BY

THE GOVERNOR

Tom Schedler

Secretary of State

1310#092



Emergency Rules



DECLARATION OF EMERGENCY

Department of Children and Family Services

Division of Programs

Risk Assessment Evaluation


(LAC 67:I.Chapter 3)

In accordance with the provisions of the Administrative Procedure Act R.S. 49:953(B), the Department of Children and Family Services (DCFS) proposes to amend LAC 67:I, Subpart 1, General Administration, Chapter 3, Risk Assessment Evaluation. This Emergency Rule shall be effective on September 25, 2013, and shall remain in effect for a period of 120 days.

Chapter 3 is being amended in accordance with Act 814 of the 2012 Regular Legislative Session and R.S. 15.1110.2. The amendments include adding an owner, operator, current or prospective employee, or volunteer of juvenile detention facilities licensed by the department as individuals entitled to request risk assessment evaluation. In addition, the Chapter is being amended to add procedures and conditions of employment for current department employees and update risk evaluation panel membership consistent with current job titles and responsibilities.

The department began licensing juvenile detention facilities July 1, 2013. Under the statutory mandate of


R.S. 15:1110.2, an owner, operator, current or prospective employee, or volunteer a of juvenile detention facility who has a justified finding of abuse and neglect is entitled to a risk assessment evaluation to determine if that individual poses a risk to children. Risk assessment evaluation procedures will exclude from employment in juvenile detention facilities those persons with a justified finding of abuse and neglect who have been determined to pose a risk to children. Those procedures will also provide to such persons who have been determined to pose a risk to children, due process rights to challenge a risk assessment evaluation finding which affects their employment rights. The department has published its Notice of Intent for permanent rules establishing the risk assessment evaluation procedures.

The department considers emergency action necessary to prevent a threat to the health, safety and welfare of children in juvenile detention facilities by excluding from employment those individuals at juvenile detention facilities who have a justified finding of abuse and neglect and have been determined to pose a risk to children. Thus, an emergency rule is needed to put such risk assessment evaluation procedures in place pending final approval of the permanent rules.



Title 67

SOCIAL SERVICES



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