HLS 10RS-302 ENGROSSED
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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 waiver services in certain circumstances; and to3
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 families7
A. Any active duty member of the armed forces who has been temporarily8
assigned to work outside of Louisiana and any member of his immediate family who9
has qualified for and has received Louisiana Medicaid waiver services provided10
under the New Opportunities Waiver, the Children's Choice Waiver, or any other11
Medicaid home- and community-based waiver serving persons with developmental12
disabilities, shall be eligible to receive the next available slot for waiver services13
upon the member's resumed residence in Louisiana.14
B. For the purposes of this Section, the definition of "immediate family"15
includes spouse, child, or other person for whom the member of the armed services16
has guardianship.17
C. The provisions of this Section shall be subject to approval by the Centers18
for Medicare and Medicaid Services.19 HLS 10RS-302 ENGROSSED
HB NO. 865
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
D. The Department of Health and Hospitals may adopt rules and regulations1
in accordance with the Administrative Procedure Act as the department deems2
necessary to administer and implement the provisions of this Section.3
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) offer the next available
slot for disability waiver services to members of the military and their family when
the member of the military is on an active duty military assignment outside of La.;
provided that such persons are otherwise qualified for disability waiver services and
resume residence in La. upon completion of the out-of-state military assignment.
Proposed law provides that active duty members of the military and their immediate family
who have qualified for and received disability waiver benefits and who have been
temporarily moved out of state on assignment by the military shall be eligible to receive the
next available slot for waiver services from DHH upon the resumption of their residence in
Louisiana after such assignment.
Proposed law states in order to qualify for the next available slot for waiver services, the
person must meet both of the following requirements:
(1)The person must be an active duty 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 resumed his residence 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 proposed law.
(Adds R.S. 28:827)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill.
1. Made technical corrections.
2. Provided that the persons specified shall be eligible to receive the next available
slot for waiver services upon the resumption of residence in La. after a temporary
armed forces assignment instead of being eligible to continue receiving waiver
services in La. while on such assignment.