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Coding: Words which are struck through are deletions from existing law;
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Regular Session, 2010
SENATE BILL NO. 770
BY SENATOR CHEEK
HEALTH/HOSPITALS DEPT. Requires the Department of Health and Hospitals to
delegate certain hearing and adjudication functions to the division of administrative law.
(8/15/10)
AN ACT1
To enact R.S. 40:2009.26, relative to adjudications and fair hearings; to provide for the2
delegation of the fair hearings function; to provide for the adjudication and hearing3
functions of the Department of Health and Hospitals; to provide for the delegation4
of certain functions and authority to the division of administrative law, except where5
prohibited by federal law; to require an agency to prove its exempt status; to provide6
for the transfer of adjudications and the resources related to handling such7
adjudications; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 40:2009.26 is hereby enacted to read as follows: 10
§2009.26. Adjudications and fair hearings11
A. Notwithstanding any law to the contrary, the secretary of the12
Department of Health and Hospitals shall delegate all adjudicatory and fair13
hearing functions of the Department of Health and Hospitals to the division of14
administrative law.15
B.(1) If the Department of Health and Hospitals is prohibited, pursuant16
to a federal mandate or as a condition of federal funding, from delegating by17 SB NO. 770
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words in boldface type and underscored are additions.
contract or other means its fair hearings function, then such fair hearings shall1
be exempt from the provisions of this Section to the extent of the federal2
mandate; however, if such federally mandated hearings function may be3
delegated by contract or other means, the department shall delegate such4
function to the division of administrative law. If the department claims a5
federal mandate exemption, the department shall have the burden of proving6
such exemption.7
(2) If the Department of Health and Hospitals is prohibited, pursuant8
to a federal mandate or as a condition of federal funding, from delegating by9
contract or other means both its fair hearings function and its authority to10
render a final decision or order in an adjudication proceeding, then such fair11
hearings and adjudication proceedings shall be exempt from the provisions of12
this Section to the extent of the federal mandate; however, if such federally13
mandated hearings function and authority to render a final decision or order14
in an adjudication proceeding may be delegated by contract or other means, the15
department shall delegate such function and authority to the division. If the16
department claims a federal mandate exemption, the department shall have the17
burden of proving such exemption.18
(3) If the Department of Health and Hospitals may delegate its fair19
hearings function but is required by federal mandate to render the final20
decision or order in an adjudication proceeding, then in those cases, the division21
of administrative law shall conduct the hearing and issue an initial decision.22
The initial decision shall be mailed or delivered to the secretary of the23
department, who shall have, upon receipt of the initial decision, thirty days to24
reject, modify, or approve the decision. If the secretary of the department25
rejects or modifies the initial decision, such rejection or modification of the26
initial decision shall be in writing and specify the findings of fact or conclusions27
of law which are being rejected or modified which shall be considered to be the28
final decision or order in the adjudication proceeding. If the secretary of the29 SB NO. 770
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
department does not reject or modify the initial decision within thirty days, or1
if the initial decision is approved, then the initial decision of the division of2
administrative law shall be certified as the final decision or order of the3
department in the adjudication proceeding.4
Section 2. The Department of Health and Hospitals shall work with the division of5
administrative law to complete the transfer to the division of adjudications as provided for6
in this Act and the personnel, equipment, furniture, and budgets related to handling such7
adjudications which are not exempt under the provisions of this Act. Such transfers shall8
be complete by January 1, 2011.9
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Greg Waddell.
DIGEST
Proposed law provides that the secretary of DHH shall delegate all adjudicatory and fair
hearing functions of DHH to the division of administrative law.
Proposed law provides that if DHH is prohibited, pursuant to a federal mandate or as a
condition of federal funding, from delegating by contract or other means its fair hearings
function, then such fair hearings shall be exempt from the provisions of proposed law to the
extent of the federal mandate; however, if such federally mandated hearings function may
be delegated by contract or other means, DHH shall delegate such function to the division
of administrative law.
Proposed law provides that if DHH claims a federal mandate exemption, DHH shall have
the burden of proving such exemption.
Proposed law provides that if DHH may delegate its fair hearings function but is required
by federal mandate to render the final decision or order in an adjudication proceeding, then
in those cases, the division of administrative law shall conduct the hearing and issue an
initial decision. Proposed law further provides that the initial decision shall be mailed or
delivered to the secretary of DHH, who shall have, upon receipt of the initial decision, 30
days to reject, modify, or approve the decision.
Proposed law provides that if the secretary of DHH rejects or modifies the initial decision,
then he shall specify in writing the findings of fact or conclusions of law which are being
rejected or modified which shall be considered to be the final decision or order in the
adjudication proceeding. Proposed law further provides that if the secretary of DHH does
not reject or modify the initial decision within 30 days, or if the initial decision is approved,
then the initial decision of the division of administrative law shall be certified as the final
decision or order of DHH in the adjudication proceeding.
Effective August 15, 2010.
(Adds R.S. 40:2009.26)