HLS 10RS-1539 ENGROSSED
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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 Part II of Chapter 11-A of Title 37 of the3
Louisiana Revised Statutes of 1950, relative to Direct Service Workers; to suspend4
the provisions of Sections 9201 through 9293 of Chapter 92 of Part I of Title 48 of5
the Louisiana Administrative Code, relative to the Direct Service Worker Registry;6
and to urge the Department of Health and Hospitals to establish a stakeholder7
workgroup.8
WHEREAS, Act No. 306 of the 2005 Regular Session of the Legislature of Louisiana9
authorized the Department of Health and Hospitals (hereafter referred to as the department)10
to implement a Direct Service Worker Registry; and11
WHEREAS, despite the department's best efforts with inadequate staffing, the12
registry has been plagued by delays in posting names to the registry, thereby compromising13
the main purpose of the registry which is to identify workers who are negligent, abusive,14
exploitive or have extorted funds from the persons they serve; and15
WHEREAS, the state budget crisis has resulted in repeated cuts to providers16
necessitating the elimination of costly duplicative regulatory provisions and cost-prohibitive17
medication attendant training; and18
WHEREAS, while over forty-three thousand individuals have been placed on the19
registry, only fifty-seven persons have been flagged for allegations of neglect, abuse,20
exploitation, or extortion; and 21 HLS 10RS-1539 ENGROSSED
HCR NO. 94
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WHEREAS, with an estimated cost to providers of all enrolled of over fifteen million1
dollars annually and a cost to the department of approximately two hundred thousand dollars2
annually, this registry is clearly not a cost-effective way to achieve the original legislative3
intent; and4
WHEREAS, training and other costs providers incur to comply with the requirements5
of the registry are not reimbursed, thus reducing the financial and manpower resources6
available to provide services to the elderly and persons with developmental disabilities; and7
WHEREAS, the registry as currently structured does not have the ability to protect8
individuals with a developmental disability and the elderly in a timely manner and does not9
list findings until the individual has exhausted all legal remedies available to them; and10
WHEREAS, there exists a backlog of seven months at the state level in entering11
trained workers' records onto the registry after their forms have been submitted by providers,12
which could allow an unsatisfactory employee to remain continuously employed by staying13
with different employers for periods of less than seven months; and14
WHEREAS, proposed medication administration regulations will add significant15
training costs to providers which are not reimbursable despite the fact that there are other16
medication administration models in other states which are working well, are less costly, and17
should be considered; and18
WHEREAS, the department has indicated its intent to tie billing for services to the19
registry, and with the current prolonged backlog in getting an individual's record entered into20
the registry, a provider would thus be unable to receive payment for services timely and21
experience a significant cash flow problem as a result; and22
WHEREAS, records included in the registry regarding required training, medication23
administration, billing, abuse and neglect reporting, minimum qualifications of Direct24
Service Workers, and the use of relatives as caregivers are duplicative of many existing25
policies and other regulations; and26
WHEREAS, the purpose of this Resolution is to allow the Department of Health and27
Hospitals time to work with stakeholders to eliminate duplicative regulations and streamline28
the Direct Service Worker Registry process.29 HLS 10RS-1539 ENGROSSED
HCR NO. 94
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THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby1
suspend the provisions of Part II of Chapter 11-A of Title 37 of the Louisiana Revised2
Statutes of 1950, relative to Direct Service Workers, and does hereby suspend the provisions3
of Sections 9201 through 9293 of Chapter 92 of Part I of Title 48 of the Louisiana4
Administrative Code, relative to the Direct Service Worker Registry.5
BE IT FURTHER RESOLVED that the suspension of Part II of Chapter 11-A of6
Title 37 of the Louisiana Revised Statutes of 1950, relative to Direct Service Workers, shall7
become effective upon adoption of this Resolution and shall extend through the sixtieth day8
after final adjournment of the 2011 Regular Session of the Legislature of Louisiana.9
BE IT FURTHER RESOLVED that the suspension of Sections 9201 through 929310
of Chapter 92 of Part I of Title 48 of the Louisiana Administrative Code, relative to the11
Direct Service Worker Registry, shall become effective upon adoption of this Resolution and12
shall extend until the publication date of a new rule regarding the Direct Service Worker13
Registry.14
BE IT FURTHER RESOLVED that the publication of such rule regarding the Direct15
Service Worker Registry shall occur on or before January 1, 2011.16
BE IT FURTHER RESOLVED that the Department of Health and Hospitals is17
hereby urged to establish a stakeholder workgroup to consult with the department prior to18
publication of a new rule regarding the Direct Service Worker Registry.19
BE IT FURTHER RESOLVED that a suitable copy of this Resolution be transmitted20
to the secretary of the Department of Health and Hospitals.21
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 provisions of present law (R.S. 37:1031-1034), relative to Direct Service Workers.
Suspends provisions of La. Administrative Code providing for the Direct Service Worker
Registry.
Requires the Dept. of Health and Hospitals to publish new rules providing for the Direct
Service Worker Registry on or before Jan. 1, 2011. HLS 10RS-1539 ENGROSSED
HCR NO. 94
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Requires the Dept. of Health and Hospitals to establish a stakeholder workgroup to consult
with the department prior to publication of new rules.
Provides that the purpose of this Resolution is to allow the Dept. of Health and Hospitals
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 - 1034 and LAC 48:I.9201 - 9293)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill.
1. Added provision to suspend sections of La. Administrative Code, relative to the
Direct Service Worker Registry.
2. Removed provision to suspend sections of L.R.S. Title 40, relative to the Direct
Service Worker Registry.
3. Required that the Dept. of Health and Hospitals publish new rules regarding the
Direct Service Worker Registry on or before Jan. 1, 2011.
4. Added provision to urge the Dept. of Health and Hospitals to establish a
stakeholder workgroup to consult with the department prior to publication of new
rules.
5. Made technical corrections to citations.