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 SectionUse of TANF Benefits (LAC 67:III.1259 and 5351) 2661
Education
Student Financial Assistance Commission, Office of Student Financial AssistanceScholarship/Grant
ProgramsTOPS Tuition (LAC 28:IV.301 and 1903) 2662
Governor
Boxing and Wrestling CommissionSafety 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 PharmacyCompounding for Prescriber Use (LAC 46:LIII.2535) 2665
Bureau of Health Services FinancingCoordinated Care Network (LAC 50:I.3103-3109, 3303 and 3307) 2666
Disproportionate Share Hospital PaymentsPublic-Private Partnerships (LAC 50:V.Chapter 29) 2668
Disproportionate Share Hospital PaymentsPublic-Private PartnershipsNorth and Central Louisiana
Areas (LAC 50:V.2903) 2669
Disproportionate Share Hospital PaymentsPublic-Private PartnershipsSouth Louisiana Area
(LAC 50:V.2903) 2670
Home and Community-Based Services WaiversChildren’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 WaiversChildren’s ChoiceAllocation of Waiver Opportunities
for Chisholm Class Members (LAC 50:XXI.Chapter 111, 11301-11303 and Chapter 115) 2674
Inpatient Hospital ServicesMajor Teaching HospitalsQualifying Criteria (LAC 50:V.1301-1309) 2677
Inpatient Hospital ServicesPublic-Private PartnershipsReimbursement Methodology
(LAC 50:V.1703) 2679
Inpatient Hospital ServicesPublic-Private PartnershipsSouth Louisiana Area (LAC 50:V.1703) 2680
Inpatient Hospital ServicesPublic-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 ProgramEmergency Ambulance ServicesSupplemental Payments
(LAC 50:XXVII.327 and 355) 2686
Nursing FacilitiesLeave of Absence DaysReimbursement Reduction (LAC 50:II.20021) 2689
Nursing FacilitiesPer Diem Rate Reduction (LAC 50:II.20005) 2690
Nursing FacilitiesReimbursement MethodologyLow Income and Needy Care Collaboration
(LAC 50:II.20025) 2690
Nursing FacilitiesReimbursement MethodologyPrivate Room Conversions (LAC 50:II.20010) 2691
Nursing FacilitiesReimbursement Rate ReductionAfter State Fiscal Year 2013 (LAC 50:II.20005) 2692
Nursing FacilitiesReimbursement Rate ReductionBefore State Fiscal Year 2013 (LAC 50:II.20005) 2693
Outpatient Hospital ServicesPublic-Private PartnershipsSouth Louisiana Area (LAC 50:V.6703) 2693
Outpatient Hospital ServicesPublic-Private PartnershipsSupplemental 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 ProgramState Supplemental Rebate Agreement Program
(LAC 50:XXIX.Chapter 11) 2698
Professional Services ProgramPublic-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 DisabilitiesHome 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 WaiversChildren’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 FinancingAdult Day Care CentersLicensing Standards
(LAC 48:I.Chapter 43) 2759
Early and Periodic ScreeningDiagnosis and TreatmentSchool-Based Nursing Services
(LAC 50:XV.Chapter 95) 2760
Family Support/Subsidy ServicesLicensing Standards (LAC 48:I.Chapter 59) 2762
Intermediate Care Facilities for Persons with Developmental DisabilitiesReimbursement Rate
Reduction (LAC 50:VII.32903) 2766
Personal Care Attendant ServicesLicensing Standards (LAC 48:I.Chapter 77) 2766
Prosthetics and OrthoticsReimbursement 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 PoliceHazardous 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 BoardMilitary-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 SectionChild 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
ParoleMission 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 ConservationClass 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 DivisionIncome 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 DivisionPublic 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 NursingPublic HearingSubstantive Changes to Proposed RuleAdvance Practice
Registered Nurses (LAC 46:XLVII.4503 and 4505) 2958
Natural Resources
Office of ConservationOrphaned Oilfield Sites 2959
Office of the Secretary, Fishermen’s Gear Compensation FundUnderwater Obstruction
Latitude/Longitude Coordinates 2960
Public Safety and Corrections
` Office of State PolicePublic 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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