HLS 10RS-1539 ORIGINAL
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Regular Session, 2010
HOUSE CONCURRENT RESOLUTI ON NO. 94
BY REPRESENTATIVE RICHARD
HEALTH/DHH: Suspends laws providing for the Direct Service Worker Registry
A CONCURRENT RESOLUTI ON1
To suspend until sixty days after final adjournment of the 2011 Regular Session of the2
Legislature of Louisiana the provisions of R.S. 37:1031(A), 1032, 1033(A), (B), and3
(H) and R.S. 40:2179, 2179.1, and 2179.2, relative to the Direct Service Worker4
Registry.5
WHEREAS, Act No. 306 of the 2005 Regular Session of the Legislature of Louisiana6
authorized the Department of Health and Hospitals (hereafter referred to as the department)7
to implement a Direct Service Worker Registry; and8
WHEREAS, despite the department's best efforts with inadequate staffing, the9
registry has been plagued by delays in posting names to the registry, thereby compromising10
the main purpose of the registry which is to identify workers who are negligent, abusive,11
exploitive or have extorted funds from the persons they serve; and12
WHEREAS, the state budget crisis has resulted in repeated cuts to providers13
necessitating the elimination of costly duplicative regulatory provisions and cost-prohibitive14
medication attendant training; and15
WHEREAS, while over forty-three thousand individuals have been placed on the16
registry, only fifty-seven persons have been flagged for allegations of neglect, abuse,17
exploitation, or extortion; and 18
WHEREAS, with an estimated cost to providers of all enrolled of over fifteen million19
dollars annually and a cost to the department of approximately two hundred thousand dollars20 HLS 10RS-1539 ORIGINAL
HCR NO. 94
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annually, this registry is clearly not a cost-effective way to achieve the original legislative1
intent; and2
WHEREAS, training and other costs providers incur to comply with the requirements3
of the registry are not reimbursed, thus reducing the financial and manpower resources4
available to provide services to the elderly and persons with developmental disabilities; and5
WHEREAS, the registry as currently structured does not have the ability to protect6
individuals with a developmental disability and the elderly in a timely manner, and does not7
list findings until the individual has exhausted all legal remedies available to them; and8
WHEREAS, the registry process fails to prevent an individual who is terminated9
from one provider for neglect, abuse, exploitation, or extortion from being hired by another10
provider, thus negating the original purpose of the registry; and11
WHEREAS, there exists a backlog of seven months at the state level in entering12
trained workers' records onto the registry after their forms have been submitted by providers,13
which could allow an unsatisfactory employee to remain continuously employed by staying14
with different employers for periods of less than seven months; and15
WHEREAS, proposed Medication Administration regulations will add significant16
training costs to providers which are not reimbursable despite the fact that there are other17
Medication Administration models in other states which are working well, are less costly,18
and should be considered; and19
WHEREAS, the department has indicated its intent to tie billing for services to the20
registry, and with the current prolonged backlog in getting an individual's record entered into21
the registry, a provider would thus be unable to receive payment for services timely and22
experience a significant cash flow problem as a result; and23
WHEREAS, records included in the registry regarding required training, medication24
administration, billing, abuse and neglect reporting, minimum qualifications of Direct25
Service Workers, and the use of relatives as caregivers are duplicative of many existing26
policies and other regulations; and27
WHEREAS, the purpose of this Resolution is allow the Department of Health and28
Hospitals time to work with stakeholders to eliminate duplicative regulations and streamline29
the Direct Service Worker Registry process.30 HLS 10RS-1539 ORIGINAL
HCR NO. 94
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THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby1
suspend the provisions of R.S. 37:1031(A), 1032, 1033(A), (B), and (H) and R.S. 40:2179,2
2179.1, and 2179.2, relative to the Direct Service Worker Registry.3
BE IT FURTHER RESOLVED that this suspension shall become effective upon4
adoption of this Resolution and shall extend through the sixtieth day after final adjournment5
of the 2011 Regular Session of the Legislature of Louisiana.6
BE IT FURTHER RESOLVED that a suitable copy of this Resolution be transmitted7
to the secretary of the Department of Health and Hospitals.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)]
Richard HCR No. 94
Suspends the provisions of law providing for the Direct Service Worker Registry. The
purpose is to allow DHH time to work with stakeholders to eliminate duplicative regulations
and streamline the registry process.
Effective through the 60th day following the 2011 R.S.
(Suspends R.S. 37:1031(A), 1032, 1033(A), (B), and (H) and R.S. 40:2179, 2179.1, and
2179.2)