Louisiana House Bill HB600 Latest Draft

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Regular Session, 2010
HOUSE BILL NO. 600
BY REPRESENTATIVE HARRISON
GOVERNMENT ORGANIZATION: Abolishes the Department of Health and Hospitals
and the Department of Social Services and creates the Department of Health and
Social Services
AN ACT1
To amend and reenact R.S. 36:4(A)(5), 8(E)(2)(d), 108(B)(6), the heading of Chapter 6 of2
Title 36 of the Louisiana Revised Statutes of 1950, 251, 252(C), 253, 254(A)(8),3
(11), and (12)(b) and (B)(6) and (9), 254.1(C)(4), 254.2, 256, 257(A), 258(A) and4
(F), 259, 605(B)(4)(a), 801(introductory paragraph), 801.1(A), 802(introductory5
paragraph), 802.9, 803(A)(1), 851(A), 901(A), 919.2, 919.4, 919.7, and 921(A), to6
enact R.S. 36:254(L) and 258(M) and (N), and to repeal R.S. 36:4(A)(10) and7
Chapter 10-A of Title 36 of the Louisiana Revised Statutes of 1950, comprised of8
R.S. 36:471 through 478, relative to reorganization of the executive branch of state9
government; to abolish the Department of Health and Hospitals and the Department10
of Social Services and create the Department of Health and Social Services; to11
provide for the powers, duties, functions, and responsibilities of the Department of12
Health and Social Services and its offices and officers; to provide that the13
Department of Health and Social Services shall be the successor of the Department14
of Health and Hospitals and the Department of Social Services and that its offices15
shall be the successors of specified offices of those departments; to provide for the16
transfer of unfinished business, references in laws and documents, employees,17
property, obligations, and books and records of the prior departments; to provide for18
implementation;  and to provide for related matters.19 HLS 10RS-499	ORIGINAL
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Be it enacted by the Legislature of Louisiana:1
Section 1. R.S. 36:4(A)(5), 8(E)(2)(d), 108(B)(6), the heading of Chapter 6 of Title2
36 of the Louisiana Revised Statutes of 1950, 251, 252(C), 253, 254(A)(8), (11), and (12)(b)3
and (B)(6) and (9), 254.1(C)(4), 254.2, 256, 257(A), 258(A) and (F), 259, 605(B)(4)(a),4
801(introductory paragraph), 801.1(A), 802(introductory paragraph), 802.9, 803(A)(1),5
851(A), 901(A), 919.2, 919.4, 919.7, and 921(A) are hereby amended and reenacted and R.S.6
36:254(L) and 258(M) and (N) are hereby enacted to read as follows:7
§4.  Structure of executive branch of state government8
A. In accordance with the provisions of Article IV, Section 1 and Article9
XIV, Section 6 of the Constitution of Louisiana, all offices, boards, commissions,10
agencies, and instrumentalities of the executive branch of state government, whether11
constitutional or statutory, and/or their functions, powers, duties, and responsibilities12
shall be allocated, either in the Act by which this Title was created or by legislation13
enacted subsequent thereto, within the departments listed in this Section, except as14
provided in Subsections B and C of this Section, and in order to comply with this15
constitutional mandate, the agencies of the executive branch of state government16
hereinafter enumerated, whether heretofore created by the constitution or by statute,17
and/or their functions, powers, duties, and responsibilities are allocated, in the18
manner hereinafter set forth in this Title, within the following designated19
departments:20
*          *          *21
(5)  Department of Health and Hospitals Social Services22
*          *          *23
§8.  Fiscal oversight and program evaluation24
*          *          *25
E.  As used in this Section, the following words shall have the following26
meanings unless the context clearly indicates otherwise:27
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(2) "Undersecretary" means the undersecretary of each department in the1
executive branch of state government, except "undersecretary" means the following2
in the case of the listed departments:3
*          *          *4
(d) For the Department of Health and Social Services, the secretary;5
however, for the purposes of Paragraph (A)(2) and Subsection D of this Section,6
"undersecretary" shall mean the undersecretary for the office of management and7
finance for the department.  In addition, for purposes of Paragraph (A)(5) of this8
Section, reports of problems related to budget, finances, or administration shall be9
the responsibility of the undersecretary as provided in Paragraph (A)(5) of this10
Section, and reports of problems related to programs and policy shall be the direct11
responsibility of the secretary.  Any provision of this Section that requires the12
undersecretary to report to or inform the secretary shall not be applicable to the13
Department of Health and Social Services for any function or responsibility14
exercised by the secretary pursuant to this Subparagraph.15
*          *          *16
§108.  Offices; purposes and functions17
*          *          *18
B. The office of business development shall perform the following functions19
of the state:20
*          *          *21
(6) It shall be responsible for job training assistance, including effective22
cooperation with the training programs of the Louisiana Workforce Commission, the23
Department of Education and the State Board of Elementary and Secondary24
Education, the Board of Regents, the Board of Supervisors of Community and25
Technical Colleges, the Department of Health and Social Services, and the26
Department of Public Safety and Corrections.  The office shall also coordinate its27
training efforts with the Louisiana Workforce Investment Council.28
*          *          *29 HLS 10RS-499	ORIGINAL
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CHAPTER 6.  DEPARTMENT OF HEALTH AND HOSPITALS SOCIAL SERVICES1
§251. Department of Health and Hospitals Social Services; creation; domicile;2
composition; purpose and functions3
A. The Department of Health and Hospitals Social Services is created and4
shall be a body corporate with the power to sue and be sued.  The domicile of the5
department shall be in Baton Rouge where it shall maintain its principal offices, but6
the secretary may maintain branch offices if he deems it in the best interest of the7
efficient administration of the department; however, the principal offices of the8
office of public health may be located and maintained in the parish of Orleans.9
B.(1) The Department of Health and Hospitals Social Services, through its10
offices and officers, shall be responsible for the development and providing of health11
and medical services for the prevention of disease for the citizens of Louisiana and12
shall be responsible for the development and providing of social services and the13
improvement of social conditions for the citizens of Louisiana.14
(2)The Department of Health and Hospitals Social Services shall provide15
health and medical services for the uninsured and medically indigent citizens of16
Louisiana. The secretary and the chancellor of the Louisiana State University Health17
Sciences Center shall provide for coordination in the delivery of services provided18
by the Louisiana State University Health Sciences Center with those services19
provided by the Department of Health and Hospitals Social Services, local health20
departments, and federally qualified health centers, including but not limited to21
services for the mentally ill, for persons with mental retardation and developmental22
disabilities, for those suffering from addictive disorders, public health services, and23
services provided under the Medicaid program.24
C.(1)  The Department of Health and Hospitals Social Services shall be25
composed of the executive office of the secretary, the office of management and26
finance, the office of public health, the office of behavioral health, the office for27
citizens with developmental disabilities, the office of aging and adult services, the28 HLS 10RS-499	ORIGINAL
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office of family support, the office of community services, and such other offices as1
shall be created by law.2
(2) Whenever the secretary determines that the administration of the3
functions of the department may be more efficiently performed by eliminating,4
merging, or consolidating existing offices or establishing new offices, he shall5
present a plan therefor to the legislature for its approval by statute.6
§252.  Officers of the department; compensation for one office only7
*          *          *8
C. Notwithstanding any provision 	herein of this Section to the contrary,9
subject to approval of the governor, any person, including any statewide elected10
official, serving or appointed to serve as a secretary, undersecretary, deputy11
secretary, or assistant secretary may receive additional compensation for part-time12
services rendered as an instructor in postsecondary educational institutions, or as a13
member of the National Guard.14
§253.  Secretary of health and hospitals social services15
There shall be a secretary of health and hospitals social services, who shall16
be appointed by the governor with consent of the Senate and who shall serve at the17
pleasure of the governor at a salary fixed by the governor, which salary shall not18
exceed the amount approved for such position by the legislature while in session.19
The secretary shall serve as the executive head and chief administrative officer of the20
Department of Health and Hospitals Social Services and shall have the responsibility21
for the policies of the department, except as otherwise provided by this Title, and for22
the administration, control, and operation of the functions, programs, and affairs of23
the department; provided that the secretary shall perform his functions under the24
general control and supervision of the governor.25 HLS 10RS-499	ORIGINAL
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§254. Powers and duties of the secretary of the Department of Health and 	Hospitals1
Social Services2
A. In addition to the functions, powers, and duties otherwise vested in the3
secretary by law, he shall:4
*          *          *5
(8)  Provide for the ongoing merger and consolidation of the agencies and6
functions transferred to his department and submit a report thereon to the governor7
and the legislature, which report shall accompany the budget statement request which8
he submits under provisions of R.S. 39:45 39:33. Such report shall include a9
statement of the goals of the department and of the programs thereof and shall10
summarize the accomplishments of the department in meeting such goals and11
implementing such programs. The report shall also contain a specific statement of12
the reorganization and consolidation plan for the department for the next year and13
shall include a report on the implementation of such reorganization and consolidation14
plan for the previous year.  The report concerning reorganization shall specifically15
detail the extent to which the department has achieved any goals stated the previous16
year with respect to merger and consolidation of functions, abolition of agencies,17
consolidation of offices, elimination of job positions, and efficiency and economy18
in delivery of services. The report shall contain any recommendations with respect19
to reorganization which may require legislative action under the provisions of this20
Title. A copy of the report and recommended legislation shall also be submitted by21
the secretary to the presiding officer of both houses each house of the legislature.22
The presiding officer shall refer the report to the appropriate committee having23
jurisdiction of the subject matter as provided in the rules of the respective house.24
*          *          *25
(11) Direct and be responsible for grants management, staff development,26
management and program analysis, and policy planning and evaluation for the27
department and all of its offices, including all agencies transferred to the Department28
of Health and Hospitals Social Services.29 HLS 10RS-499	ORIGINAL
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(12)1
*          *          *2
(b) "Priority health care zone" means any parish or municipality listed as one3
of the ten parishes or twenty-five municipalities with the highest rates of infant4
mortality, teenage pregnancy, or substance abuse in Louisiana as of July first of any5
given year according to statistics compiled by the Department of Health and6
Hospitals and the Department of Social Services.7
*          *          *8
B.  The secretary shall have authority to:9
*          *          *10
(6) Grant rights of way, servitudes, and easements across state-owned lands11
under his jurisdiction to other public bodies, either state or local, for any public12
purpose. The secretary shall also have authority to grant rights of way, servitudes,13
and easements across state lands under his jurisdiction to any other person or entity14
for the purpose of laying pipelines, gas lines, and water lines and for the transmission15
of electricity for power and light, and also for telephone and telegraph lines, for16
railroad lines or tracks, for road construction, and for drainage purposes, and to enter17
into the necessary contracts therefor, which shall provide for the payment of an18
adequate consideration. Such payment, in order to be considered as adequate19
consideration, shall be based on payments made for other comparable contracts in20
the vicinity, when available, providing compensation for rights of way, servitudes,21
easements, and for damages relative thereto.22
*          *          *23
(9) Assign the function of diagnosis and case management of alcohol or drug24
abusers, the mentally retarded, the developmentally disabled, and the autistic to the25
appropriate office with the Department of Health and Hospitals Social Services or26
the appropriate level of government.27
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L.  The vocational rehabilitation programs and the blind services programs1
of the state shall be placed in the executive office of the secretary, and the executive2
office of the secretary shall be responsible for and perform the services and functions3
of the state relating to vocational rehabilitation programs and blind services4
programs.5
§254.1. Power of the secretary of the Department of Health and Hospitals Social6
Services to issue tax-exempt or taxable debt relative to the Drinking Water7
Revolving Loan Fund8
*          *          *9
C. In connection with the above power and duties involving the Drinking10
Water Revolving Loan Fund, the secretary of the department is authorized to:11
*          *          *12
(4) The secretary of the Department of Health and Hospitals Social Services,13
hereafter the "department", is hereby authorized to issue, incur, and deliver debt14
evidenced by bonds, notes, or other evidences of indebtedness, payable from or15
secured by sums deposited in, credited to, or to be received in, including sums16
received pursuant to letters of credit, by the department in the Drinking Water17
Revolving Loan Fund as created and established in R.S. 40:2821 through 2826. The18
department is further authorized to undertake and to issue and deliver evidences of19
its guarantee of the debt of other entities and is authorized to enter and execute20
pledges of the sums deposited in, credited to, or to be received in the Drinking Water21
Revolving Loan Fund, including payments pursuant to letters of credit, to secure the22
debt of other entities. Such bonds, notes, or other evidences of indebtedness, such23
guarantees, and such pledges issued and delivered pursuant to the authority hereof24
shall constitute special and limited obligations of the department, and shall not be25
secured by the full faith and credit of the state of Louisiana, any source of revenue26
of the state of Louisiana other than those sums on deposit in, credited to, or to be27
received in the Drinking Water Revolving Loan Fund including payments to be made28
pursuant to letters of credit.  It is hereby found and determined that such bonds,29 HLS 10RS-499	ORIGINAL
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notes, or other evidences of indebtedness, guarantees, and pledges shall constitute1
revenue bonds, debts, or obligations within the meaning of Article VII, Section 6(C)2
of the Constitution of Louisiana and shall not constitute the incurring of state debt3
thereunder. Withdrawals from the Drinking Water Revolving Loan Fund to pay debt4
service on any bond, note, or other evidence of indebtedness, obligation of guarantee5
of any debt, or pledge to secure any debt does not constitute and shall not be subject6
to annual appropriation by the legislature as provided by Article III, Section 16 of7
the Constitution of Louisiana.8
*          *          *9
§254.2.  Hot Wells Rehabilitation Center10
All rights, title, and interest in the Hot Wells Rehabilitation Center, including11
all property, rights to mineral waters, equipment, and facilities, are vested in the12
office of the secretary, Department of Health and Hospitals Social Services. The13
secretary of the Department of Health and Hospitals Social Services may engage in14
cooperative endeavors, including but not limited to contracts or leases, with any15
public or private association, corporation, or individual for the establishment,16
maintenance, and operation of the Hot Wells Rehabilitation Center facilities as17
public facilities for rehabilitation purposes.18
*          *          *19
§256.  Undersecretary; functions; office of management and finance20
A. There shall be an undersecretary of the Department of Health and21
Hospitals Social Services, who shall be appointed by the governor with the consent22
of the Senate and who shall serve at the pleasure of the governor at a salary fixed by23
the governor, which salary shall not exceed the amount approved for such position24
by the legislature while in session. The undersecretary shall be directly responsible25
to the secretary and shall perform his functions under the supervision and control of26
the secretary.27
B. The undersecretary shall direct and be responsible for the functions of the28
office of management and finance within the Department of Health and Hospitals29 HLS 10RS-499	ORIGINAL
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Social Services. In such capacity, he shall be responsible for accounting and budget1
control, procurement and contract management, data processing, personnel2
management, and facility construction and consulting services, for the department3
and all of its offices, including all agencies transferred to the Department of Health4
and Hospitals Social Services, except as otherwise provided in this Title. He shall5
employ, appoint, remove, assign, and promote such personnel as is necessary for the6
efficient administration of the office of management and finance and the7
performance of its powers, duties, functions, and responsibilities, in accordance with8
applicable civil service laws, rules, and regulations, and with policies and rules of9
the department, all subject to budgetary control and applicable laws.  The10
undersecretary shall exercise all powers and authority granted to him in this Title11
subject to the overall direction and control of the secretary.12
C. The duties and functions of the office of management and finance and of13
the undersecretary shall be as provided in this Section and these duties and functions14
shall not be subject to change by the secretary, except that the undersecretary shall15
perform such additional duties and functions as are assigned by the secretary.16
§257.  Assistant secretaries 17
A. Each office within the Department of Health and Hospitals Social18
Services, except the office of management and finance, shall be under the immediate19
supervision and direction of an assistant secretary, who shall be appointed by the20
governor with consent of the Senate. Each shall serve at the pleasure of the governor21
and shall be paid a salary which shall be fixed by the governor, which salary shall22
not exceed the amount approved for such position by the legislature while in session.23
*          *          *24
§258.  Offices; purposes and functions25
A. The purposes for which the offices of the Department of Health and26
Hospitals Social Services are created shall be set forth in this Section.27
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F. The office of aging and adult services shall be responsible for the1
programs and functions of the Department of Health and Hospitals Social Services2
related to the long-term care of the elderly and the protection and long-term care of3
persons with adult onset disabilities. It shall administer the residential state-operated4
nursing homes, the Villa Feliciana Medical Complex, the protection services5
program of adults from ages eighteen to fifty-nine, the department's long-term6
support and services programs, as well as other related programs within the7
department.8
*          *          *9
M. The office of family support shall perform the services of the state10
relating to public assistance programs which provide assistance to families and to11
adults who due to age, disability, or infirmity are unable to adequately meet their12
basic needs. It shall also administer the food stamp program, child support13
programs, establishment of paternity programs, disaster relief grant programs for14
individuals and families, and such other programs as assigned by the secretary.  It15
shall also perform the functions of the state relating to licensing of day care centers.16
It shall also conduct disability and other client eligibility determinations and may17
conduct medical assistance client eligibility determinations. The office is authorized18
to enter into interagency agreements with other state agencies to conduct eligibility19
determinations.20
N. The office of community services shall provide for the public child21
welfare functions of the state, including but not limited to prevention services which22
promote, facilitate, and support activities to prevent child abuse and neglect; child23
protective services; voluntary family strengthening and support services; making24
permanent plans for foster children and meeting their daily maintenance needs of25
food, shelter, clothing, necessary physical medical services, school supplies, and26
incidental personal needs; and adoption placement services for foster children freed27
for adoption.  It shall also perform the functions of the state relating to licensing of28
child care facilities, other than day care centers, that do not receive funds under Title29 HLS 10RS-499	ORIGINAL
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XIX of the Social Security Act and agencies. The office of community services shall1
issue and monitor domestic violence services contracts.2
§259. Transfer of agencies and functions to Department of Health and Hospitals3
Social Services4
A. The transfers and abolitions of agencies hereinafter made in this Section5
shall be effective as provided in Chapter 24 of this Title.6
B. The Health Education Authority of Louisiana (R.S. 17:3051 et seq.) is7
transferred to and hereafter shall be within the Department of Health and Hospitals8
Social Services, as provided in R.S. 36:804.9
C. The following agencies, as defined by R.S. 36:3, are transferred to and10
hereafter shall be within the Department of Health and Hospitals Social Services, as11
provided in Part II of Chapter 22 of this Title:12
(1)  Greenwell Springs Hospital (Greenwell Springs) (R.S. 40:2002)13
(9) (2) Southeast Louisiana State Hospital (Mandeville) (R.S. 40:2002)14
(10) (3) East Louisiana State Hospital (Jackson) (R.S. 40:2002)15
(11) (4) Jonesboro Charity Hospital (Jonesboro) (R.S. 40:2002)16
(12) (5) Central Louisiana State Hospital (Pineville) (R.S. 40:2002)17
(13) (6) Pinecrest Supports and Services Center (R.S. 28:22.8(A)(3); R.S.18
28:451.4)19
(14) (7) North Lake Supports and Services Center (R.S. 28:22.8(A)(9); R.S.20
28:451.4)21
(15) (8) Columbia Community Residential and Employment Services (R.S.22
28:22.8(A)(5); R.S. 28:451.4)23
(16) (9) The mental health facilities located in New Orleans, Baton Rouge,24
Shreveport, Monroe, Lake Charles, Alexandria, Lafayette, Metairie, Hammond,25
Natchitoches, Ruston, Chalmette, Houma, Harvey, Marksville, Bogalusa, Pineville,26
Many, New Roads, Covington, Crowley, Donaldsonville, Plaquemine, Raceland,27
Leesville, Norco, Mandeville, Ville Platte, Patterson, Tallulah, Columbia, Oakdale,28 HLS 10RS-499	ORIGINAL
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and any other state owned state-owned or operated facilities as may be hereinafter1
established (R.S. 40:2002; 28:22.4-28:22.5)2
(17) (10) Bayou Region Supports and Services Center (R.S. 28:22.8(A)(2);3
R.S. 28:451.4)4
(18) (11) Northeast Supports and Services Center (R.S. 28:22.8(A)(4); R.S.5
28:451.4)6
(19) (12) Greater New Orleans Supports and Services Center (R.S.7
28:22.8(A)(1); R.S. 28:451.4)8
(20) (13) Acadiana Region Supports and Services Center (R.S.9
28:22.8(A)(8); R.S. 28:451.4)10
(21) (14) Northwest Supports and Services Center (R.S. 28:22.8(A)(6); R.S.11
28:451.4)12
(22) (15) Leesville Residential and Employment Services (R.S.13
28:22.8(A)(7); R.S. 28:451.4)14
(23) (16) Villa Feliciana Medical Complex (R.S. 28:22.7; R.S. 40:2002.4;15
R.S. 40:2142).16
(24) (17)  The Health Maintenance Organization of New Orleans Charity17
Hospital (R.S. 22:2181-2182)18
(25) (18) Acadiana Employment Services at Eunice (R.S. 28:22.8(A)(10);19
R.S. 28:451.4)20
(26) (19) Acadiana Employment Services at Opelousas (R.S. 28:22.8(A)(11);21
R.S. 28:451.4)22
(20) The Louisiana Evaluation Center for Exceptional Children (R.S.23
40:2013-40:2013.6; R.S. 40:2002)24
(21)  The Weiss Rehabilitation Center25
D. The Rural Health Care Authority (R.S. 40:2198 through 2198.6) is hereby26
abolished and its powers, duties, functions, and responsibilities are transferred to the27
secretary of the Department of Health and Hospitals Social Services and shall be28
exercised and performed as provided in Part IV of Chapter 22 of this Title.29 HLS 10RS-499	ORIGINAL
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E. The following agencies, as defined in R.S. 36:3, are transferred to and1
hereafter shall be within the Department of Health and Hospitals Social Services, as2
provided in R.S. 36:803:3
(1)  Louisiana State Board of Nurse Examiners (R.S. 37:911-37:935)4
(2)  Louisiana State Board of Dentistry (R.S. 37:753-	37:790)5
(3) Louisiana State Board of Board Certified Social Work Examiners (R.S.6
37:2701-37:2718)7
(4) Louisiana State Board of Optometry Examiners (R.S. 37:1041-	37:1067)8
(5) Louisiana State Board of Examiners for Sanitarians (R.S. 37:2101-9
37:2116)10
(6) Louisiana State Board of Practical Nurse Examiners (R.S. 37:961-11
37:979)12
(7)  Louisiana Board of Chiropractic Examiners (R.S. 37:2801-37:2818)13
(8) Louisiana State Board of Medical Examiners (R.S. 12:914; R.S. 37:611-14
37:628; R.S. 37:1261-37:1290; 37:2401-37:2417)15
(9) Louisiana State Board of Embalmers and Funeral Directors (R.S. 37:831-16
37:851)17
(10)  State Board of Examiners for Psychologists (R.S. 37:2351-	37:2368)18
(11) Louisiana Board of Examiners for Speech-Language Pathology and19
Audiology (R.S. 37:2650 et seq.)20
(12) State Board of Veterinary Medical Examiners (R.S. 37:1511-	37:1532)21
(13) Board of Examiners for Nursing Home Administrators (R.S. 37:2501-22
37:2511)23
(14) Louisiana Board of Pharmacy (R.S. 37:1161-1250; R.S. 51:521-	51:525)24
(16) (15) Louisiana Board for Hearing Aid Dealers (R.S. 37:2441-37:2465)25
(17) (16) Radiologic Technology Board of Examiners (R.S. 37:3200-26
37:3219)27
(18) (17) Respiratory Care Advisory Committee (R.S. 37:3356)28
(20) (18) Louisiana Physical Therapy Board (R.S. 37:2401-2424)29 HLS 10RS-499	ORIGINAL
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(21) (19) The Louisiana Licensed Professional Vocational Rehabilitation1
Counselors Board of Examiners (R.S. 37:3441-3452)2
(22) (20) Allied Health Professionals Supply and Demand Commission (R.S.3
37:3601).4
(23) (21) The Addictive Disorder Regulatory Authority (R.S. 37:3389).5
F. The following agencies, as defined in R.S. 36:3, previously abolished by6
the Executive Reorganization Act, and their powers, duties, functions, and7
responsibilities are transferred to the secretary of the Department of Health and8
Hospitals Social Services and shall be exercised and performed as provided in Part9
IV of Chapter 22 of this Title:10
(1) Louisiana Health and Human Resources Administration (R.S. 46:1751-11
46:1767, and generally Chapters 1 and 11 of Title 40 and all of Title 46 of the12
Louisiana Revised Statutes of 1950, except R.S. 46:1601-46:1608) to the extent that13
the cited provisions provide with respect to agencies or functions placed in or14
transferred to the Department of Health and Hospitals.15
(6) (1) Hospital Planning Advisory Council (R.S. 40:2007-	40:2007.1)16
(7) (2) Louisiana Commission on Alcoholism (R.S. 40:2008-40:2008.4)17
(8) (3) Home Care Service Council (R.S. 40:2009.31-40:2009.41)18
(9) (4) Louisiana State Board of Health and the Louisiana Department of19
Health and all its subsidiary boards (R.S. 40:1-	40:335)20
(10) (5) Louisiana Narcotics Rehabilitation Commission (R.S. 40:1051-21
40:1055)22
(11) (6) Louisiana Narcotics Rehabilitation Advisory Council (R.S. 40:1056)23
(13)  (7) Council on Mental Retardation Planning (R.S. 40:2013.55; R.S.24
40:2013.58)25
(14) (8) Advisory Council on Research Centers and Construction of26
Facilities for the Mentally Retarded (R.S. 40:2013.56; R.S. 40:2013.58)27
(15) (9) Interdepartmental Health Policy Commission (Executive Order No.28
58, June 6, 1967; Executive Order No. 70, April 6, 1970)29 HLS 10RS-499	ORIGINAL
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(16) (10) Anatomical Board (R.S. 17:2271-17:2280)1
(17) (11) Board of Directors of the Confederate Memorial Medical Center2
at Shreveport (R.S. 46:891-46:897)3
(18) (12) Board of Commissioners of the South Louisiana Health Services4
District (R.S. 28:241-28:249)5
(19) (13) Louisiana State Planning and Advisory Council on Developmental6
Disabilities7
(20) (14) Nursing Home Advisory Committee (R.S. 40:2009.1)8
(21) (15) Hospital Licensing Council (R.S. 40:2108- 40:2113.3)9
(16) State Youth Planning Advisory Commission (Act No. 430 of the 197510
Regular Session of the Legislature)11
(17)  State Department of Public Welfare (R.S. 46:51-115)12
(18)  State Board of Public Welfare (R.S. 46:53-54)13
(19) Louisiana Commission on Human Relations, Rights and Responsibilities14
(Executive letter, October 11, 1965)15
(20)  Louisiana Commission on the Status of Women (R.S. 23:372)16
(21) Advisory Committee on Assistance to Parents of Exceptional Children17
(R.S. 40:2128)18
(22)  Special Commission on Child Protection (R.S. 46:1404)19
G. The State Board of Electrolysis Examiners (R.S. 37:3051-3077) is placed20
within the Department of Health and Hospitals Social Services and shall exercise and21
perform its powers, duties, functions, and responsibilities in the manner provided for22
agencies transferred in accordance with the provisions of R.S. 36:803.23
H. The Governor's Council on Physical Fitness and Sports (R.S. 40:2451 et24
seq.) is placed within the Department of Health and Hospitals Social Services and25
shall exercise and perform its powers, duties, functions, and responsibilities in the26
manner provided for agencies transferred in accordance with the provisions of R.S.27
36:802.28 HLS 10RS-499	ORIGINAL
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I.  The following agencies, as defined in R.S. 36:3, are placed within the1
Department of Health and Hospitals Social Services and shall exercise and perform2
their powers, duties, functions, and responsibilities in the manner provided for3
agencies transferred in accordance with the provisions of R.S. 36:802:4
(2) (1) Statewide Health Coordinating Council (Executive Order No. 79-2)5
(4) (2) State Office of Comprehensive Health Planning (Executive Order6
No. 79-2)7
(5) (3) Water Supply and Sewerage Systems Certification Committee8
(R.S. 40:1141-40:1151)9
(4)  Louisiana Commission for the Deaf (R.S. 46:2351 et seq.)10
(5) The Traumatic Head and Spinal Cord Injury Trust Fund Advisory Board11
(R.S. 46:2631-2635)12
J.(1) The Louisiana Emergency Response Network Board (R.S.13
40:2841-2846) is placed within the Department of Health and Hospitals Social14
Services and shall exercise and perform its powers, duties, functions, and15
responsibilities in the manner provided for agencies transferred in accordance with16
R.S. 36:801.1.17
(2) The Louisiana Emergency Response Network Board shall be a separate18
budget unit within the Department of Health and Hospitals Social Services.19
K. The Louisiana Children's Trust Fund Board (R.S. 46:2404) is placed20
within the Department of Health and Social Services and shall exercise and perform21
its powers, duties, functions, and responsibilities in the manner provided by the22
provisions of R.S. 36:802.9.23
L. The Louisiana State Planning Council on Developmental Disabilities24
(R.S. 28:750 et seq.) is placed within the Department of Health and Hospitals Social25
Services and shall exercise and perform its powers, duties, functions, and26
responsibilities in the manner provided for agencies transferred in accordance with27
the provisions of R.S. 36:801.1. The council shall have full appointing authority for28
all personnel purposes.29 HLS 10RS-499	ORIGINAL
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M. The Ambulance Standards Committee of the Emergency Medical1
Services Task Force as established by the assistant secretary of the office of public2
health (R.S. 40:1232(A)(3) and (4)) is placed within the Department of Health and3
Hospitals Social Services and shall exercise and perform its powers, duties,4
functions, and responsibilities in the manner provided for agencies transferred with5
the provisions of Part III of Chapter 22 of this Title.6
N. The powers, duties, functions, and responsibilities relating to the7
vocational rehabilitation program (R.S. 46:2101 et seq.) are hereby transferred to the8
secretary of the Department of Health and Social Services to be exercised and9
performed by the secretary, in accordance with the provisions of Part IV of Chapter10
22 of this Title.11
O. The Louisiana Commission on Alcohol and Drug Abuse (R.S. 46:2500-12
R.S. 46:2504) is placed within the Department of Health and Hospitals Social13
Services and shall exercise and perform its powers, duties, functions, and14
responsibilities in the manner provided for agencies transferred in accordance with15
the provisions of R.S. 36:914.16
P. The Physician Assistants Advisory Committee (R.S. 37:1270.1) is placed17
within the Department of Health and Hospitals Social Services and shall exercise and18
perform its powers, duties, functions, and responsibilities in the manner provided for19
agencies transferred in accordance with the provisions of R.S. 36:914.20
Q. The Louisiana State Board of Examiners in Dietetics and Nutrition (R.S.21
37:3081-3093) is placed within the Department of Health and Hospitals Social22
Services and shall exercise and perform its powers, duties, functions, and23
responsibilities in the manner provided for agencies transferred in accordance with24
R.S. 36:803.25
UR.  The Louisiana Access to Better Care Medicaid Insurance Demonstration26
Project Oversight Board (R.S. 46:160.8) is placed within the Department of Health27
and Hospitals Social Services and shall exercise and perform its powers, duties,28 HLS 10RS-499	ORIGINAL
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functions, and responsibilities in the manner provided for agencies transferred in1
accordance with the provisions of Part III of Chapter 22 of this Title.2
V S. The Louisiana Advisory Committee on Midwifery (R.S. 37:3242-3257)3
is placed within the Department of Health and Hospitals Social Services and shall4
exercise and perform its powers, duties, functions, and responsibilities in the manner5
provided for agencies transferred with the provisions of Part III of Chapter 22 of this6
Title.7
W T.  The Louisiana Board of Wholesale Drug Distributors (R.S. 37:3461-8
3482) shall be placed within the Department of Health and Hospitals Social Services9
and shall exercise and perform its powers, duties, functions, and responsibilities in10
the manner provided for agencies transferred in accordance with the provisions of11
R.S. 36:803.12
X U. The Advisory Committee on Hospice Care (R.S. 40:2191) is placed13
within the Department of Health and Hospitals Social Services and shall exercise and14
perform its powers, duties, functions, and responsibilities in the manner provided for15
agencies transferred as provided in Part III of Chapter 22 of this Title.16
V. The Child Poverty Prevention Council for Louisiana (R.S. 46:2801-2802)17
is transferred to and hereafter placed within the Department of Health and Social18
Services and shall exercise and perform its powers, duties, functions, and19
responsibilities in the manner provided for agencies transferred in accordance with20
the provisions of R.S. 36:801.21
BB. W. The following agencies, as defined in R.S. 36:3, are placed within22
the Department of Health and Hospitals Social Services and shall perform and23
exercise their powers, duties, functions, and responsibilities in the manner provided24
for agencies transferred in accordance with the provisions of R.S. 36:914:25
(1)  The Interpreter Certification Board (R.S. 46:2352).26
(2) The Louisiana Advisory Committee on Populations and Geographic27
Regions With Excessive Cancer Rates (R.S. 40:1299.90.1).28
(3)  The Fluoridation Advisory Board (R.S. 40:5.11(C)-(F)).29 HLS 10RS-499	ORIGINAL
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CC. X. The Louisiana Board of Massage Therapy (R.S. 37:3551-3567) is1
placed within the Department of Health and Hospitals Social Services and shall2
exercise and perform its powers, duties, functions, and responsibilities in the manner3
provided for agencies transferred in accordance with R.S. 36:803.4
DD. Y. The Clinical Laboratory Personnel Committee (R.S. 37:1311, et seq.)5
is placed within the Department of Health and Hospitals Social Services under the6
jurisdiction of the Louisiana State Board of Medical Examiners and shall perform7
and exercise its powers, duties, functions, and responsibilities in the manner provided8
for agencies transferred in accordance with R.S. 36:919.2.9
EE. Z. The Louisiana Licensed Professional Counselors Board of Examiners,10
R.S. 37:1101 et seq., is hereby placed within the Department of Health and Hospitals11
Social Services and shall perform and exercise its powers, duties, functions, and12
responsibilities in the manner provided for agencies transferred in accordance with13
the provisions of R.S. 36:803.14
FF. AA. The Medical Education Commission (R.S. 17:1519.8) is placed15
within the Department of Health and Hospitals Social Services and shall exercise and16
perform its powers, duties, functions, and responsibilities in the manner provided for17
agencies transferred in accordance with the provisions of Part III of Chapter 22 of18
this Title.19
GG.BB.The Louisiana Emergency Medical Services Certification20
Commission (R.S. 40:1232.2) is placed within the Department of Health and21
Hospitals Social Services and shall perform and exercise its powers, duties,22
functions, and responsibilities in the manner provided for agencies transferred in23
accordance with R.S. 36:919.4.24
II. CC. The Women's Health Commission (R.S. 40:1300.241 et seq.) is25
placed within the Department of Health and Hospitals Social Services and shall26
exercise and perform its powers, duties, functions, and responsibilities in accordance27
with R.S. 36:919.7.28
*          *          *29 HLS 10RS-499	ORIGINAL
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§605.  Powers and duties of the secretary of wildlife and fisheries1
*          *          *2
B.  The secretary shall have authority to:3
*          *          *4
(4)(a)  Enforce the laws of the state and rules and regulations relative to5
wildlife and fisheries, including but not limited to laws, rules, and regulations6
relative to illegal hunting, fishing, and trapping, boating safety regulations, and the7
prohibited methods, times, or seasons, and locations therefor, including the illegal8
transportation, shipping, and sale of wildlife, fish, and other aquatic life and fur-9
bearing animals and alligators, and including the illegal possession of wildlife, game,10
or fish and other aquatic life, and toward these ends shall appoint not less than11
twenty-five wildlife agents, whose entire time, under the direction of the secretary,12
shall be devoted to the performance of their official duties as prescribed by law.13
Notwithstanding R.S. 40:5, the secretary shall have authority to enforce the laws14
specifically assigned by statute to the Department of Health and Hospitals Social15
Services and any rules or regulations promulgated thereunder for the purpose of16
regulating the harvesting, processing, or distribution of molluscan shellfish.17
*          *          *18
§801. Transfer; retention of functions19
The agencies transferred by the provisions of R.S. 36:53(A), R.S. 36:109(U),20
259(V), R.S. 36:409(B), R.S. 36:459(D), R.S. 36:478(K), R.S. 36:509(K), R.S.21
36:610(K), and R.S. 36:651(C) shall continue to be composed and selected as22
provided by law; each agency shall continue to exercise all powers, duties, functions,23
and responsibilities provided or authorized for each by the constitution or laws which24
are in the nature of policymaking, rulemaking, licensing, regulation, enforcement,25
or adjudication and also shall continue to exercise all advisory powers, duties, and26
functions provided by law; each agency shall continue to administer and implement27
all programs provided or authorized for each by law which relate to rulemaking,28
licensing, regulation, enforcement, and adjudication; each agency shall continue to29 HLS 10RS-499	ORIGINAL
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be governed by the Administrative Procedure Act, in its entirety, including1
provisions relative to adjudication proceedings, unless otherwise specifically2
provided by law; the executive head of each such agency shall employ, appoint,3
remove, assign, and promote such personnel as is necessary for the efficient4
administration of such powers, duties, functions, and responsibilities and for the5
administration and implementation of such programs, in accordance with applicable6
civil service laws, rules, and regulations, and with policies and rules of the7
department to which the agency is transferred, and subject to budgetary control and8
applicable laws; except as specifically provided in Paragraphs (1), (2), and (3) below.9
The agencies transferred as provided in this Section shall exercise the powers, duties,10
functions, and responsibilities and shall administer and implement the programs11
authorized in this Section independently of the secretary, the undersecretary, and any12
assistant secretary, except that:13
*          *          *14
§801.1.  Transfer; retention of all functions15
A. The agencies transferred by the provisions of R.S. 36:4(D), 4.1(C) and16
(G), 53(H), 209(R), 259(J) and (L), 409(N), 509(O), 651(D), 725(A), and 769(J)17
shall continue to be comprised and selected as provided by law.18
*          *          *19
§802.  Transfer; retention of policymaking and rulemaking functions20
The agencies transferred by the provisions of R.S. 36:209(Q), 239(E),21
259(B), 259(T), 259(H) and (I), 309(B), 359(B), 409(C), 459(B), 509(B), 610(B),22
629(I), and 769(C) shall continue to be composed and selected as provided by law,23
and each shall continue to exercise all of the powers, duties, functions, and24
responsibilities provided or authorized for each by the constitution or laws which are25
in the nature of policymaking, rulemaking, licensing, regulation, enforcement, or26
adjudication and also shall continue to exercise all advisory powers, duties,27
functions, and responsibilities provided by law. Such powers, duties, functions, and28 HLS 10RS-499	ORIGINAL
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responsibilities shall be exercised independently of the secretary and any assistant1
secretary, except that:2
*          *          *3
§802.9.  Transfer; Children's Trust Fund Board4
The Louisiana Children's Trust Fund Board (R.S. 46:2404) shall exercise its5
powers, duties, functions, and responsibilities in the manner provided for agencies6
transferred in accordance with R.S. 36:802, except the board shall appoint the7
executive director of the Louisiana Children's Trust Fund Board subject to the8
approval of the secretary of the Department of Health and Social Services and the9
assistant secretary of the office of community services. The executive director shall10
serve as secretary to the board. The authority granted to the board by the provisions11
of R.S. 36:802 shall specifically include but not be limited to the authority to adopt12
the comprehensive state plan for prevention of child abuse and neglect.13
*          *          *14
§803.  Transfer; licensing agencies15
A.(1)  Each of the agencies transferred by the provisions of R.S. 36:4.1(D),16
R.S. 36:209(D), R.S. 36:259(E), (G), (Q), (T), (X), and (Z), R.S. 36:309(D), R.S.17
36:409(D), R.S. 36:478(I), and R.S. 36:509(C), all of which are charged by law with18
the responsibility for the regulation, examination, certification and/or licensing of19
persons in this state, and the enforcement of the laws relating thereto, shall continue20
to be composed and selected as provided by law, and each shall continue to exercise21
all of the powers, duties, functions, and responsibilities provided or authorized for22
each by the constitution or laws which are in the nature of policymaking,23
rulemaking, certification, licensing, regulation, enforcement, or adjudication and also24
shall continue to exercise all advisory powers, duties, functions, and responsibilities25
provided by law.26
*          *          *27 HLS 10RS-499	ORIGINAL
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§851.  Transfer; merger and consolidation of functions1
A. The powers, duties, functions, responsibilities, programs, and operations2
as vested by the constitution and laws of this state, of each of the agencies transferred3
by the provisions of R.S. 36:209(B), R.S. 36:209(I), R.S. 36:259(C), R.S. 36:409(D)4
and (O), R.S. 36:478(J), and R.S. 36:610(D), upon and after the date of each such5
transfer shall be exercised by and be under the administration and control of the6
secretary of the department to which each is transferred, except for those functions7
of each which are required to be performed and administered by the undersecretary8
of each department, as heretofore provided for each by this Title.9
*          *          *10
§901.  Transfer; merger and consolidation of functions; advisory agency11
A. The functions, powers, duties, responsibilities, programs, and operations12
of each of the agencies transferred by the provisions of R.S. 36:109(D), R.S.13
36:209(C), R.S. 36:209(M)(2), R.S. 36:259(D), 259(M), (R), (S), (U), and (AA), R.S.14
36:309(C), R.S. 36:359(C), R.S. 36:409(E), R.S. 36:509(E) and (N), R.S. 36:559(D),15
R.S. 36:629(Q), R.S. 36:651(G), and R.S. 36:744(D) on the date of each such16
transfer shall vest in and thereafter be the responsibility of the secretary of the17
department to which the transfer is made and shall be administered by the secretary18
in accordance with the powers vested in him by this Title and the applicable laws19
pertaining to each agency, except for those functions of each which are required to20
be performed and administered by the undersecretary of the department as heretofore21
provided for each by this Title. Each agency thus transferred shall continue in22
existence, the members thereof shall continue in office and hereafter shall be selected23
in the manner provided by law for each, and each agency hereafter shall serve solely24
in an advisory capacity to the secretary with respect to policies concerning matters25
within the purview of each as originally created.26
*          *          *27 HLS 10RS-499	ORIGINAL
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§919.2.  Transfer; Clinical Laboratory Personnel Committee to the Louisiana State1
Board of Medical Examiners2
The Clinical Laboratory Personnel Committee to the Louisiana State Board3
of Medical Examiners shall be placed within the Department of Health and Hospitals4
Social Services as provided in this Part, except that it may conduct examinations and5
may appoint and employ such personnel as required or authorized, as provided by6
R.S. 37:1315.  7
*          *          *8
§919.4. Transfer; Louisiana Emergency Medical Services Certification Commission9
The Louisiana Emergency Medical Services Certification Commission,10
placed in the Department of Health and Hospitals Social Services by the provisions11
of R.S. 36:259(GG), R.S. 36:259(BB), shall exercise and perform its powers, duties,12
functions, and responsibilities as provided for agencies transferred pursuant to this13
Part; however, the commission shall advise the bureau of emergency medical14
services, office of public health, on requirements and standards for certification of15
emergency medical personnel and continuing education requirements for16
certification. The commission shall retain the authority to approve requirements and17
standard of practice for emergency medical personnel; conduct disciplinary hearings18
for emergency medical personnel; and cause the prosecution of any individual who19
violates the provisions of Subpart B of Part VII of Chapter 5 of Title 40 of the20
Louisiana Revised Statutes.21
*          *          *22
§919.7.  Transfer; Women's Health Commission23
The Women's Health Commission, placed within the Department of Health24
and Hospitals by the provisions of R.S. 36:259(II), R.S. 36:259(CC), shall exercise25
and perform its powers, duties, functions, and responsibilities as provided for26
agencies transferred pursuant to this Chapter.27
*          *          *28 HLS 10RS-499	ORIGINAL
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§921.  Transfer, merger and consolidation of functions1
A. The powers, duties, functions, responsibilities, programs, and operations2
as vested by the constitution and laws of the state, of each of the agencies abolished3
by the provisions of R.S. 36:4.1(E), R.S. 36:109(G), R.S. 36:209(H), R.S. 36:259(D),4
(F), and (N), R.S. 36:259(G), R.S. 36:309(F), R.S. 36:359(G), R.S. 36:409(F), R.S.5
36:459(C), R.S. 36:509(F), R.S. 36:559(D), R.S. 36:559(F), R.S. 36:610(C), R.S.6
36:651(H), R.S. 36:651(K), R.S. 36:744(E), and R.S. 36:769(E), upon and after the7
date of each such abolition shall be exercised and performed by and be under the8
administration and control of the secretary of the department to which such powers,9
duties, functions, and responsibilities are transferred.  The secretary shall assign10
those functions of each which are required to be performed and administered by the11
undersecretary of each department, as heretofore provided for each department by12
this Title, to the undersecretary.13
*          *          *14
Section 2. R.S. 36:4(A)(10) and Chapter 10-A of Title 36 of the Louisiana Revised15
Statutes of 1950, comprised of R.S. 36:471 through 478, are hereby repealed in their16
entirety.17
Section 3. In accordance with the purposes of the Executive Reorganization Act, it18
is the purpose of this Act to promote economy and efficiency in the operation and19
management of the functions of the state relative to health and social services, to strengthen20
the executive capacity of the Department of Health and Social Services for effective,21
efficient, and economic administration while also improving the quality of the functions22
performed and the programs and services rendered by the department for the citizens of the23
state, and to eliminate to the fullest practicable extent duplication of effort within the24
executive branch of state government.  This Act is intended to serve these purposes by25
providing for the reorganization and consolidation of the powers, duties, functions, and26
responsibilities of state agencies and entities relating to health and social services.27
Section 4. The secretaries of the Department of Health and Hospitals and the28
Department of Social Services jointly shall prepare a workable transition plan for abolition29 HLS 10RS-499	ORIGINAL
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of the two departments and the creation of the Department of Health and Social Services and1
for the merger and consolidation of the powers, duties, functions, responsibilities, and2
programs of the two departments into the new department in accordance with the provisions3
of this Act. This plan shall include provisions for the assignment, consolidation, and4
coordination of the powers, duties, functions, responsibilities, and programs of the two5
departments in accordance with this Act and also shall include procedures for the transfer6
and utilization of positions, personnel, funds, office space, facilities, and equipment, and7
such other detail as is necessary to effectuate the purposes of this Act.  The plan shall be8
completed and submitted to the Joint Legislative Committee on the Budget and to the House9
Committee on House and Governmental Affairs and the Senate Committee on Senate and10
Governmental Affairs no later than October 1, 2010.  A copy thereof shall be submitted to11
the governor and to the commissioner of administration.  The plan shall be implemented12
beginning on November 1, 2010.13
Section 5. Not later than August 1, 2010, the governor shall appoint the secretary,14
undersecretary, and assistant secretaries of the Department of Health and Social Services15
whose appointments shall become effective on November 1, 2010.  After the appointment16
of the secretary by the governor, the secretary may appoint the deputy secretary and other17
personnel for his department as he deems necessary, whose appointments shall become18
effective on November 1, 2010.19
Section 6. (A) On November 1, 2010, the Department of Health and Hospitals and20
the Department of Social Services, hereafter in this Section referred to as the "prior21
departments" or individually as a "prior department", shall be abolished and the Department22
of Health and Social Services, hereafter in this Section referred to as the "new department",23
shall be created. All unfinished business, references in laws and documents, employees,24
property, obligations, and books and records of the prior departments shall be transferred as25
provided in this Section. Upon the abolition of the prior departments, any pending or26
unfinished business of the prior departments shall be taken over and be completed by the27
new department with the same power and authorization as that of the prior departments and28
the new department shall be the successor in every way to the prior departments for the29 HLS 10RS-499	ORIGINAL
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purpose of completing such business. Any reference in laws and documents to either of the1
prior departments shall be deemed to apply to the new department.  Any legal proceeding2
to which either of the prior departments  is a party and which is filed, initiated, or pending3
before any court on the effective date of this Section, and all documents involved in or4
affected by said legal proceeding, shall retain their effectiveness and shall be continued in5
the name of the new department. All further legal proceedings and documents in the6
continuation, disposition, and enforcement of such legal proceeding shall be in the name of7
the new department, and the new department shall be substituted for the prior departments8
without necessity for amendment of any document. This Act shall not be construed so as to9
impair the effectiveness of any rule or policy of either of the prior departments and any such10
rule or policy shall remain effective as provided therein or until changed in accordance with11
law.  This Act shall not be construed so as to impair the contractual or other obligations of12
either of the prior departments or of the state of Louisiana. All obligations of the prior13
departments shall be the obligations of the new department.  The new department shall be14
the successor in every way to the prior departments, including all of their obligations and15
debts. All dedications and allocations of revenues and sources of revenues heretofore made16
to or for either of the prior departments shall continue in the same manner, to the same17
extent, and for the same purposes as were provided prior to the enactment of this Act, unless18
and until other provision is made therefor. All books, papers, records, money, actions, and19
other property of every kind, movable and immovable, real and personal, heretofore20
possessed, controlled, or used by either of the prior departments is hereby transferred to the21
new department. All employees heretofore engaged in the performance of duties of either22
of the prior departments, insofar as practicable and necessary, are transferred to the new23
department and insofar as practicable and necessary shall continue to perform the duties24
heretofore performed, subject to policies and procedures of the new department, applicable25
state civil service laws, rules, and regulations, and other applicable laws.  Subject to such26
laws and rules, positions in the unclassified service shall remain in the unclassified service.27
(B) When the Department of Health and Hospitals and the Department of Social28
Services are abolished and the Department of Health and Social Services is created, the29 HLS 10RS-499	ORIGINAL
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offices of the prior departments (referred to in the Subsection as prior offices) shall be1
abolished and the offices of the new department shall be created (referred to in this2
Subsection as new offices).  The new offices, namely the executive office of the secretary,3
the office of management and finance, the office of public health, the office of behavioral4
health, the office for citizens with developmental disabilities, the office of aging and adult5
services, the office of family support, and the office of community services of the new6
department, shall each be the successor of the prior office or offices having the same name.7
All unfinished business, references in laws and documents, property, and obligations of the8
prior offices shall be transferred as provided in this Subsection. Upon the abolition of the9
prior offices, any pending or unfinished business of such an office shall be taken over and10
be completed by the successor office with the same power and authorization as that of the11
prior office and the new office shall be the successor in every way to the prior office or12
offices of the same name for the purpose of completing such business.  Any reference in13
laws and documents to any prior office shall be deemed to apply to the new office.  Any14
legal proceeding to which a prior office is a party and which is filed, initiated, or pending15
before any court on the effective date of this Section, and all documents involved in or16
affected by said legal proceeding, shall retain their effectiveness and shall be continued in17
the name of the new office. All further legal proceedings and documents in the continuation,18
disposition, and enforcement of such legal proceeding shall be in the name of the new office,19
and the new office shall be substituted for the prior office or offices without necessity for20
amendment of any document. This Act shall not be construed so as to impair the21
effectiveness of any rule or policy of either of the prior offices and any such rule or policy22
shall remain effective as provided therein or until changed in accordance with law. This Act23
shall not be construed so as to impair the contractual or other obligations of a prior office or24
of the state of Louisiana. All obligations of a prior office shall be the obligations of the25
respective successor office. The new office shall be the successor in every way to the prior26
office, including all of its obligations and debts. All dedications and allocations of revenues27
and sources of revenues heretofore made to or for any prior office shall continue in the same28 HLS 10RS-499	ORIGINAL
HB NO. 600
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are additions.
manner, to the same extent, and for the same purposes as were provided prior to the1
enactment of this Act, unless and until other provision is made therefor.2
(C) This Act shall not be construed or applied in any way which will prevent full3
compliance by the state, or any department, office, or agency thereof, with the requirements4
of any act of the Congress of the United States or any regulation made thereunder by which5
federal aid or other federal assistance has been or hereafter is made available6
Section 7.(A) As used in the Louisiana Revised Statutes of 1950 (as amended), the7
Code of Civil Procedure, the Code of Evidence, and the Children's Code, "Department of8
Health and Hospitals", or "Department of Social Services" shall mean the "Department of9
Health and Social Services". The Louisiana State Law Institute shall change all references10
to the Department of Health and Hospitals or the Department of Social Services remaining11
in such bodies of law from the Department of Health and Hospitals or the  Department of12
Social Services to the Department of Health and Social Services.13
(B) The Louisiana State Law Institute shall change references in such provisions to14
the secretary of health and hospitals or the secretary of social services to the secretary of15
health and social services and shall make appropriate changes in references to other officers16
of the former departments to the appropriate officers of the new department. 17
Section 8. (A)  Not later than March 1, 2011, the secretary of the Department of18
Health and Social Services shall submit to the Joint Legislative Committee on the Budget,19
referred to in this Section as the "joint committee", a comprehensive written report on20
reorganization of the department.  The report shall include but not be limited to:21
(1) A report describing the accomplishments of the department to achieve22
reorganization and consolidation that have been completed at the time of the report. Such23
report shall include but not be limited to details concerning the implementation of the24
transition plan for the department prepared and submitted to the joint committee as provided25
in Section 4 of this Act. The report shall identify any provisions of the transition plan which26
have not been fully implemented.27
(2) A statement and explanation of the department's proposals for further28
reorganization, consolidation, and improved and more efficient operation and management29 HLS 10RS-499	ORIGINAL
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are additions.
needed to best accomplish the purposes of this Act and the Executive Reorganization Act.1
The secretary shall provide for a comprehensive study and examination of the organization2
and operations of the department in order to determine such proposals and such study shall3
include but not be limited to consideration of the merger and consolidation of functions,4
abolition of agencies, consolidation of offices, elimination of job positions, elimination of5
duplication of functions, full implementation of the office of management and finance and6
consolidation of its functions, and efficiency and economy in delivery of services.7
(3) A statement and explanation of the budget proposals for the department to8
implement its proposals for further reorganization, consolidation, and improved and more9
efficient management included in the report pursuant to Paragraph (2) of this Subsection.10
This statement and explanation shall include the number and classification of personnel11
requested broken down by office; the amount of total funds requested by office broken down12
to reflect the proposed use of such funds; information concerning use of vehicles by each13
office and budget requirements therefor; information concerning consolidation of the14
operations of the office of management and finance; information concerning the budget and15
personnel effects and effects on service delivery of each of the proposals included in the16
report pursuant to Paragraph (2) of this Subsection; and information concerning utilization17
of building space, supplies, and equipment, and improved delivery of services.18
(4) Any proposals for legislation necessary to accomplish the department's proposals19
or the purposes of this Act.20
(B) Copies of the report required by this Section shall also be submitted to the21
governor and the commissioner of administration.22
(C) The joint committee shall conduct such hearings as it deems appropriate to23
review the report submitted by the secretary.  The department shall furnish the joint24
committee any information it may request concerning reorganization of the department and25
shall appear before the committee to provide such information if the joint committee so26
requests.27
(D) Based on its review of the report and any other related committee findings, the28
joint committee shall make such recommendations to the legislature as it shall deem29 HLS 10RS-499	ORIGINAL
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are additions.
appropriate to carry out the purposes of this Act. It also may make recommendations for this1
purpose to the appropriate standing committees of the legislature or other committees thereof2
and may make recommendations related to implementation of the so-called "Sunset Law"3
concerning the termination of agencies.  It shall also recommend to the Joint Legislative4
Audit Advisory Council or to the appropriate standing committee any problem area it finds5
should be the subject of a detailed program evaluation.6
Section 9.(A)  The provisions of Sections 1, 2, 6, 7, and 8 of this Act shall become7
effective on November 1, 2010.8
(B) The provisions of Sections 3, 4, and 5 of this Act and of this Section shall9
become effective upon signature of this Act by the governor or, if this Act is not signed by10
the governor, upon expiration of the time for bills to become law without signature by the11
governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If this Act12
is vetoed by the governor and subsequently approved by the legislature, the provisions of13
Sections 3, 4, and 5 of this Act and of this Section shall become effective on the day14
following such approval.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Harrison	HB No. 600
Abstract: Abolishes the Department of Health and Hospitals and the Department of Social
Services and creates the Department of Health and Social Services. Provides for the
department officers and offices and for reorganization and consolidation of the
powers, duties, functions, and responsibilities of the former departments into the new
department.
Proposed law, effective Nov. 1, 2010, abolishes the Department of Health and Hospitals
(DHH) and the Department of Social Services (DSS) (prior departments) and creates the
Department of Health and Social Services (new department). Provides that the new
department is the successor of the prior departments. Provides that, in accordance with the
purposes of the Executive Reorganization Act, the purpose of the Act is to promote economy
and efficiency in the operation and management of state functions relative to health and
social services, to strengthen the executive capacity of the new department for effective,
efficient, and economic administration while improving the quality of the functions
performed and the programs and services rendered, and to eliminate duplication of effort
within the executive branch of state government. Provides that the Act is intended to serve
these purposes by providing for the reorganization and consolidation of the powers, duties,
functions, and responsibilities of state agencies and entities relating to health and social
services. HLS 10RS-499	ORIGINAL
HB NO. 600
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are additions.
Proposed law creates offices in the new department that duplicate the offices of the prior
departments and provides that each office shall be the successor of the prior office(s) having
the same name. Offices  of the new department include the executive office of the secretary,
the office of management and finance, and (as successors to DHH offices) the office of
public health, the office of behavioral health, the office for citizens with developmental
disabilities, and the office of aging and adult services, and (as successors to DSS offices) the
office of family support and the office of community services.
Proposed law provides for department officers including the secretary, the deputy secretary,
the undersecretary, and an assistant secretary for each of the programmatic offices. Grants
the secretary essentially the same authority as provided in present law for the secretaries of
the prior departments.  In present law the secretary of DSS, but not the secretary of DHH,
has responsibility for "management and program analysis" for the department.  (This
responsibility for most departments is in the office of management and finance). Proposed
law places this responsibility with the secretary of the new department.  Present law (R.S.
36:8), relative to department responsibilities for fiscal oversight and program evaluation,
provides for certain powers and duties for each department's undersecretary; however, for
DSS some of these powers have been transferred to the secretary.  Proposed law places these
same responsibilities in the secretary of the new department rather than the undersecretary.
Present law makes the secretary of DHH responsible for grants management for the
department. In present law this function is in the office of management and finance in DSS.
Proposed law places this responsibility in the office of the secretary rather than in the office
of management and finance.
Proposed law provides for the transfer of all unfinished business, references in laws and
documents, employees, property, obligations, and books and records of the prior departments
to the new department and provides similarly for the  transfer of all unfinished business,
references in laws and documents, and obligations of the former offices to their successor
offices.  Provides for the continued effectiveness of rules and policies of the prior
departments and offices. Provides for the continuation of pending legal proceedings and the
effectiveness of related documents in the name of the new department and new offices.
Continues dedications and allocations of revenues and sources of revenues made to or for
either of the prior departments or offices in the same manner, to the same extent, and for the
same purposes, unless and until other provision is made therefor. Provides that the Act shall
not be construed or applied to prevent full compliance by the state, or any department, office,
or agency thereof, with the requirements of any Act of the U.S. Congress or any regulation
providing for federal assistance.
Proposed law requires the DHH and DSS secretaries jointly to prepare a workable transition
plan for abolition of the two departments and the creation of the new department and for the
merger and consolidation of the powers, duties, functions, responsibilities, and programs of
the two departments into the new department in accordance with the Act, such plan to
include provisions for the assignment, consolidation, and coordination of powers, duties,
functions, responsibilities, and programs and procedures for the transfer and utilization of
positions, personnel, funds, office space, facilities, and equipment, and other detail necessary
to effectuate the Act's purposes. Requires that the plan be completed and submitted to the
Joint Legislative Committee on the Budget and to the House Committee on House and
Governmental Affairs and the Senate Committee on Senate and Governmental Affairs no
later than Oct. 1, 2010, and that a copy thereof be submitted to the governor and to the
commissioner of administration. Provides that the plan shall be implemented beginning on
Nov. 1, 2010.
Proposed law requires that the governor appoint the secretary, undersecretary, and assistant
secretaries of the new department not later than Aug. 1, 2010, such appointments to be
effective on Nov. 1, 2010.  Authorizes the secretary, after his appointment, to appoint the
deputy secretary and other necessary personnel, appointments to become effective on Nov.
1, 2010. HLS 10RS-499	ORIGINAL
HB NO. 600
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are additions.
Proposed law further requires that, not later than Mar. 1, 2011, the secretary of the new
department submit to the Joint Legislative Committee on the Budget, with copies sent to the
governor and the commissioner of administration, a comprehensive written report on
reorganization of the department to include:
(1)A report of reorganization accomplishments completed at the time of the report,
including details of implementation of the transition plan required to be submitted
to the joint committee by Oct. 1, 2010, and identifying any provisions of the
transition plan which have not been fully implemented.
(2)A statement and explanation of the department's proposals for further reorganization,
consolidation, and improved and more efficient operation and management to
accomplish the purposes of the Act and the Executive Reorganization Act. Requires
the secretary to provide for a comprehensive study and examination of the
organization and operations of the department in order to determine such proposals,
such study to include consideration of merger and consolidation of functions,
abolition of agencies, consolidation of offices, elimination of job positions,
elimination of duplication of functions, full implementation of the office of
management and finance and consolidation of its functions, and efficiency and
economy in delivery of services.
(3)A statement and explanation of the budget proposals for the department to implement
its proposals for further reorganization, consolidation, and improved and more
efficient management, including the number and classification of personnel
requested broken down by office; the amount of total funds requested by office
broken down to reflect the proposed use of such funds; information concerning use
of vehicles by each office and budget requirements therefor; information concerning
consolidation of the operations of the office of management and finance; information
concerning the budget and personnel effects and effects on service delivery of each
proposal in the report; and information concerning utilization of building space,
supplies, and equipment, and improved delivery of services.
(4)Any proposals for legislation necessary to accomplish the department's proposals or
the purposes of the Act.
Requires the joint committee to conduct such hearings as it deems appropriate to review the
secretary's report and requires the department to furnish the joint committee any information
it requests concerning department reorganization and to appear before the committee to
provide such information if requested.  Provides that, based on its review of the report and
any other related committee findings, the joint committee shall make recommendations to
the legislature to carry out the Act's purposes. Authorizes recommendations for this purpose
to the appropriate legislative committees and recommendations related to the "Sunset Law"
concerning the termination of agencies, and provides for recommendations to the Joint
Legislative Audit Advisory Council or to the appropriate standing committee of any problem
area that should be the subject of a detailed program evaluation.
Proposed law changes references to the former departments to the new department.  Also
provides that in the Louisiana Revised Statutes of 1950 (as amended), the Code of Civil
Procedure, the Code of Evidence, and the Children's Code, "Department of Health and
Hospitals" or "Department of Social Services" shall mean the "Department of Health and
Social Services". Requires the Louisiana State Law Institute to change all references to the
Department of Health and Hospitals or the Department of Social Services remaining in such
bodies of law to the Department of Health and Social Services and to change references to
officers of the former departments to the appropriate officers of the new department.
Provisions for the abolition of the former departments and creation of the new department,
for changes in references, and for the secretary's report on continued reorganization and
committee action thereon become effective on Nov. 1, 2010. HLS 10RS-499	ORIGINAL
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Provisions for the purposes of the Act, for the transition plan for reorganization, for
appointment of department officers, and for effectiveness of the Act are effective upon
signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 36:4(A)(5), 8(E)(2)(d), 108(B)(6), the heading of Ch. 6 of Title 36 of the
L.R.S. of 1950, 251, 252(C), 253, 254(A)(8), (11), and (12)(b) and (B)(6) and (9),
254.1(C)(4), 254.2, 256, 257(A), 258(A) and (F), 259, 605(B)(4)(a), 801(intro. para.),
801.1(A), 802(intro. para.), 802.9, 803(A)(1), 851(A), 901(A), 919.2, 919.4, 919.7, and
921(A); Adds R.S. 36:254(L) and 258(M) and (N); Repeals R.S. 36:4(A)(10) and 471-478)