HLS 10RS-302 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 865
BY REPRESENTATIVE BURFORD
MILITARY AFFAIRS: Requires that the Dept. of Health and Hospitals continue disability
waiver benefits for family of military on active duty who have temporarily relocated
to another state due to military assignment
AN ACT1
To enact R.S. 28:827, relative to Medicaid waiver services for active duty military and their2
immediate family; to provide for continuation of waiver services in certain3
circumstances; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 28:827 is hereby enacted to read as follows: 6
ยง827. Active duty military families; out of state7
A. A member of the armed forces and any member of his immediate family8
who has qualified for and is receiving Medicaid waiver services provided under the9
New Opportunities Waiver, the Children's Choice Waiver, or any other Medicaid10
home- and community-based waiver serving persons with developmental disabilities,11
shall be eligible to continue receiving those waiver services while living in another12
state if both of the following apply:13
(1) The member is on active duty in the armed services and has been14
temporarily assigned to work outside of Louisiana.15
(2) The member of the armed services has the intent to reside again in16
Louisiana once the assignment is complete.17 HLS 10RS-302 ORIGINAL
HB NO. 865
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
B. For the purposes of this Section, the definition of "immediate family"1
includes spouse, child, or other person for whom the member of the armed services2
has guardianship.3
C. The provisions of this Section shall be subject to approval by the Centers4
for Medicare and Medicaid Services.5
D. The Department of Health and Hospitals may adopt rules and regulations6
in accordance with the Administrative Procedure Act as the department deems7
necessary to administer and implement the provisions of this Section.8
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)]
Burford HB No. 865
Abstract: Requires that the Dept. of Health and Hospitals (DHH) continue to offer
disability waiver benefits for military and their family members when the member
of the military is on active duty and has been temporarily reassigned to another state.
Proposed law requires that DHH continue to offer home- and community-based waiver
benefits to those active-duty members of the military and their immediate family who are
already receiving disability waiver benefits but who have been temporarily moved out of
state on assignment by the military.
Proposed law states in order to qualify for continued benefits, the person must meet both of
the following requirements:
(1)The person must be a member of the armed services, a spouse of a member of the
armed services, a child of a member, or someone over whom the member of the
armed services has guardianship.
(2)The member of the armed services must have the intent to return to live in La. once
the assignment is complete.
Proposed law states that the provisions of proposed law are subject to approval by the
Centers for Medicare and Medicaid Services.
Proposed law gives DHH the authority to promulgate rules according to the Administrative
Procedure Actthat are necessary to implement the provisions of this Section.
(Adds R.S. 28:827)