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Regular Session, 2012
SENATE BILL NO. 762 (Substitute of Senate Bill No. 690 by Senator Buffington)
BY SENATOR BUFFINGTON
AGED PERSONS. Transfers the adult protection services of the office of elderly affairs in
the office of the governor to the Department of Health and Hospitals, office of aging and
adult services. (7/1/12)
AN ACT1
To amend and reenact R.S. 14:35.1(A)(3), R.S. 15:1503(4), R.S. 35:406(A) and (D), R.S.2
36:258(F), R.S. 46:56(A), (B)(1), and (F)(4)(b), 61(A)(1) and (C), 932(10), and3
2136.2(F), relative the transfer of adult protection services of the office of elderly4
affairs in the office of the governor to the Department of Health and Hospitals, office5
of aging and adult services; to provide for functions of the programs and services6
transferred; to provide for contracts and leases; to provide for administrative rules;7
and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 14:35.1(A)(3) is hereby amended and reenacted to read as follows:10
§35.1. Battery of a child welfare or adult protective service worker11
A.(1) * * *12
(3) For purposes of this Section, "adult protective service worker" shall13
include any adult protection specialist or adult protection specialist supervisor14
employed by the Department of Health and Hospitals or the Governor's Office of15
Elderly Affairs.16
* * *17 SB NO. 762
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Section 2. R.S. 15:1503(4) is hereby amended and reenacted to read as follows:1
§1503. Definitions2
For the purposes of this Chapter, the following terms shall have the following3
meanings, unless the context clearly indicates a different meaning:4
* * *5
(4)(a) "Adult protection agency" means the office of elderly affairs in the6
office of the governor, for any individual sixty years of age or older in need of adult7
protective services as provided in this Chapter.8
(b) "Adult protection agency" means the Department of Health and Hospitals9
for any individual between the ages of eighteen and fifty-nine years of age or older10
or an emancipated minor in need of adult protective services as provided in this11
Chapter. The secretary of the Department of Health and Hospitals may assign the12
duties and powers provided in this Chapter to any office of the department for13
provision of adult protective services, as provided in this Chapter.14
* * *15
Section 3. R.S. 35:406(A) and (D) are hereby amended and reenacted to read as16
follows:17
§406. Ex officio notaries public of the adult protection agency18
A. Notwithstanding any provisions of law relative to qualifications for19
notaries public, except R.S. 35:391:,20
(1) The director of the office of elderly affairs may appoint two investigators21
in each region of the adult protection agency, office of elderly affairs, office of the22
governor, as ex officio notaries public.23
(2) The the secretary of the Department of Health and Hospitals may appoint24
three five investigators in the adult protection agency, Department of Health and25
Hospitals, as ex officio notaries public.26
* * *27
D. The director or secretary authorized to make such appointments may28
suspend or terminate any appointment made pursuant to this Section at any time.29 SB NO. 762
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Separation from the employ of the adult protection agency shall automatically1
terminate the powers of such an ex officio notary public.2
Section 4. R.S. 36:258(F) is hereby amended and reenacted to read as follows:3
§258. Offices; purposes and functions4
* * *5
F. The office of aging and adult services shall be responsible for the programs6
and functions of the Department of Health and Hospitals related to the long-term7
care services to of the elderly and the protection and long-term care of persons with8
adult onset disabilities. It shall administer the residential state-operated nursing9
homes, the Villa Feliciana Medical Complex, the protection services program of10
adults from ages aged eighteen to fifty-nine, and older or an emancipated minor,11
the department's long-term support and services programs, the State Personal12
Assistance Services program, the Community and Family Support Program, the13
Traumatic Head and Spinal Cord Injury Trust Fund, as well as other related14
programs within the department.15
* * *16
Section 5. R.S. 46:56(A), (B)(1), and (F)(4)(b), 61(A)(1) and (C), 932(10), and17
2136.2(F) are hereby amended and reenacted to read as follows:18
§56. Applications and client case records; definitions; confidentiality; waiver;19
penalty20
A. Applications for assistance and information contained in case records of21
clients of the Department of Health and Hospitals, or the Department of Children22
and Family Services, or the Office of Elderly Affairs, for the purpose of adult23
protective services, shall be confidential and, except as otherwise provided, it shall24
be unlawful for any person to solicit, disclose, receive, make use of, or to authorize,25
knowingly permit, participate in, or acquiesce in the use of applications or client case26
records or the information contained therein for any purpose not directly connected27
with the administration of the programs of the department.28
B.(1) For the purposes of this Section, "department" means the Department29 SB NO. 762
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of Health and Hospitals, and the Department of Children and Family Services, and1
the adult protection agency as provided in R.S. 15:1503(4). It is the express intent2
of this Section that the Department of Health and Hospitals, and the Department of3
Children and Family Services , and, for the purpose of adult protective services, the4
Office of Elderly Affairs share access to each other's case records to the extent that5
such access is not prohibited by any contrary provision of federal law or regulation.6
* * *7
F. The following information shall not be subject to waiver and shall not be8
released to applicants, recipients, or outside sources, except those outside sources9
engaged in the administration of the programs of the department:10
* * *11
(4)(a) * * *12
(b) In addition, the department may release information to other agencies of13
state government that are engaged in rendering services or treatment to a department14
recipient or former recipient. The agency receiving the information from the15
department under this Paragraph shall be bound by the same confidentiality standard16
as prescribed in this Section with regard to release of this information to the17
recipient, the client's legal representative, or an outside source. The Department of18
Health and Hospitals, and the Department of Children and Family Services, and, for19
the purpose of adult protective services, the Office of Elderly Affairs may release20
information to each other for the purpose of furthering services or treatment to21
clients or recipients of services of either department. Information subject to release22
under this Section that is covered by federal statutes or regulations restricting release23
of the information shall be released only in accordance with the federal statutes or24
regulations.25
* * *26
§61. Elderly abuse; release of information27
A.(1) The Department of Health and Hospitals shall, following an28
investigation by the department, the Office of Elderly Affairs, the office of the29 SB NO. 762
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attorney general, or a local law enforcement agency, of any report of elderly abuse1
and the conviction of any person investigated for such abuse or the entering of a plea2
of guilty or nolo contendere by any person so investigated who is accused of such3
abuse, make available to any health care facility licensed by the department, upon4
request, the name and a photograph of any such person who has been convicted of5
or pled guilty or nolo contendere to a crime involving elderly abuse.6
* * *7
C. The department, in consultation with the Office of Elderly Affairs, shall8
adopt and promulgate rules and regulations in accordance with the Administrative9
Procedure Act to implement the provisions of this Section, including provisions10
which establish procedures under which the department shall request information11
from law enforcement officials and district attorneys and which establish procedures12
under which health care facilities may request information concerning whether or not13
a person has been convicted of or pled guilty or nolo contendere to a crime listed in14
R.S. 14:403.2.15
* * *16
§932. Powers and duties17
The office shall have the following powers and duties:18
* * *19
(10) To perform the functions of the state which are designed to meet the20
social and community needs of Louisiana residents sixty years of age or older,21
including but not limited to the provision of such comprehensive social programs as22
homemaker services, home repair and maintenance services, employment and23
training services, recreational and transportation services, counseling, information24
and referral services, protective services under R.S. 15:1501 et seq., and health-25
related outreach; but excluding the transportation program for the elderly and the26
handicapped program administered by the Department of Transportation and27
Development under Section 16(b)(2) of the Federal Urban Mass Transportation Act28
of 1964 as amended and other such programs and services assigned to departments29 SB NO. 762
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of state government as provided in Title 36 of the Louisiana Revised Statutes of1
1950.2
* * *3
§2136.2. Louisiana Protective Order Registry4
* * *5
F. The judicial administrator's office shall make the Louisiana Protective6
Order Registry available to state and local law enforcement agencies, district7
attorney offices, the Department of Children and Family Services, office of children8
and family services, support enforcement services, office of community services, the9
Department of Health and Hospitals, bureau of protective services, the Governor's10
Office of Elderly Affairs, elderly protective services, the office of the attorney11
general, and the courts.12
Section 6. All employees engaged in the performance of duties relating to the13
functions of the programs and services transferred from the office of elderly affairs in the14
office of the governor to the Department of Health and Hospitals, office of aging and adult15
services, are hereby transferred to the office of aging and adult services to carry out the16
functions of the office of aging and adult services.17
Section 7. In order to ensure continuity of services, all office of elderly affairs18
contracts and leases related to the operation and administration of its adult protective service19
programs transferred to the Department of Health and Hospitals, office of aging and adult20
services shall be deemed to have been transferred and assigned to the Department of Health21
and Hospitals upon the effective date of this Act without the necessity of amendment of the22
lease or contract, and the Department of Health and Hospitals shall be solely responsible for23
all related obligations and liabilities arising on or after that effective date.24
Section 8. The administrative rules contained in the Louisiana Administrative Code25
promulgated by the office of elderly affairs of the office of the governor which govern or are26
applicable to the programs and operations transferred from the office of elderly affairs in the27
office of the governor to the Department of Health and Hospitals, office of aging and adult28
services by this Act shall continue to be effective, and the office of state register shall change29 SB NO. 762
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all applicable references to the office of elderly affairs to the office of aging and adult1
services and redesignate and renumber, as the need may be, all applicable provisions as are2
necessary to maintain continuity in the Louisiana Administrative Code.3
Section 9. This Act shall become effective on July 1, 2012; if vetoed by the governor4
and subsequently approved by the legislature, this Act shall become effective on July 1,5
2012, or on the day following such approval by the legislature, whichever is later.6
The original instrument was prepared by Christopher D. Adams. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Nancy Vicknair.
DIGEST
Buffington (SB 762)
Proposed law transfers the adult protection services of the office of elderly affairs in the
office of the governor to the Department of Health and Hospitals, office of aging and adult
services.
Proposed law provides for the transfer of employees from the office of elderly affairs in the
office of the governor to the Department of Health and Hospitals, office of aging and adult
services.
Proposed law provides for the transfer of leases and contracts from the office of elderly
affairs in the office of the governor to the Department of Health and Hospitals, office of
aging and adult services.
Proposed law provides for the transfer of administrative rules from the office of elderly
affairs in the office of the governor to the Department of Health and Hospitals, office of
aging and adult services.
Effective July 1, 2012.
(Amends R.S. 14:35.1(A)(3), R.S. 15:1503(4), R.S. 35:406(A) and (D), R.S. 36:258(F), R.S.
46:56(A), (B)(1), and (F)(4)(b), 61(A)(1) and (C), 932(10), and 2136.2(F))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Makes technical changes.
2. Removes language which repealed R.S. 46:936 (statement of intent regarding
the Office of Elderly Affairs).