ENROLLED
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ACT No. 384
Regular Session, 2013
HOUSE BILL NO. 352
BY REPRESENTATIVES HARRISON, ADAMS, ANDERS, ARMES, ARNOL D,
BARROW, BERTHELOT, BILLIOT, BROSSETT, BROWN, BURFORD,
BURRELL, CARTER, CHANEY, CONNICK, COX, DANAHAY, DIXON, DOVE,
EDWARDS, GAINES, GISCLAIR, GUILLORY, GUINN, HARRIS, HAVARD,
HAZEL, HENSGENS, HILL, HODGES, HOFFMANN, HOLLI S, HONORE,
HOWARD, HUNTER, GIROD JACKSON, KATRINA JACKSON, JAMES,
JEFFERSON, JOHNSON, JONES, KLECKLEY, TERRY LANDRY, LEBAS,
LEOPOLD, MACK, MONTOUCET, MORENO, NORTON, ORTEGO, PI ERRE,
POPE, PRICE, PUGH, PYLANT, REYNOLDS, RICHARD, RITCHIE,
SCHEXNAYDER, SCHRODER, SMITH, ST. GERMAIN, STOKES, THIBAUT,
THIERRY, THOMPSON, WHITNEY, ALFRED WILLIAMS, PATRICK
WILLIAMS, AND WILLMOTT AND SENATORS ADLEY, ALARIO, ALLAIN,
BROOME, BROWN, BUFFINGTON, CLAITOR, CORTEZ, CROWE, DORSEY-
COLOMB, ERDEY, GALLOT, GUILLORY, HEITMEIER, JOHNS, LAFLEUR,
LONG, MILLS, MORRISH, MURRAY, NEVERS, PEACOCK, PERRY,
PETERSON, GARY SMITH, JOHN SMITH, THOMPSON, WALSWORTH,
WARD, AND WHITE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact R.S. 23:73(E)(2), R.S. 35:406(A)(1) and (D), R.S. 36:258(F), R.S.2
39:33(A)(2), R.S. 46:931, 932(introductory paragraph) and (14), 933(A), (D), and3
(G), 934, 935(A), (B)(introductory paragraph), and (C), 936, 937, 937.1(A) and4
(B)(1) and (3), 937.2, 937.3, 938, and 2351(E)(introductory paragraph), to enact R.S.5
36:4(A)(15) and Chapter 4 of Title 36 of the Louisiana Revised Statutes of 1950, to6
be comprised of R.S. 36:151 through 157, and to repeal R.S. 36:4(B)(6), relative to7
elderly affairs; to create the Department of Elderly Affairs and provide for its8
purposes and organization and for its offices and officers and for their functions,9
powers, duties, and responsibilities; to abolish the Office of Elderly Affairs; to10
provide that the department shall be the successor to the office; to transfer the11
Louisiana Executive Board on Aging from the office of the governor to the12
Department of Elderly Affairs; to provide that the office of aging and adult services13
in the Department of Health and Hospitals shall have no responsibility or authority14
for any program or function assigned to the Department of Elderly Affairs; to15 ENROLLEDHB NO. 352
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authorize and direct the Louisiana State Law Institute to change certain references1
in law; to provide for implementation and effectiveness; to provide that funding for2
purposes, functions, and programs within the jurisdiction or authority of the Office3
of Elderly Affairs or its successor, the Department of Elderly Affairs, as provided by4
the Louisiana Revised Statutes of 1950, shall be appropriated or allocated only to,5
and available for use only by, the Office of Elderly Affairs and its successor, the6
Department of Elderly Affairs; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 23:73(E)(2) is hereby amended and reenacted to read as follows:9
§73. Comprehensive labor market information system10
E.11
* * *12
(2) The public entities whose data and assistance shall be considered13
necessary for the system to fulfill its purpose shall include the commission and the14
Departments of Economic Development, Education, Elderly Affairs, Health and15
Hospitals, Public Safety and Corrections, Social Services, and Veterans Affairs, and16
in the governor's office, the Offices of Elderly Affairs, Lifelong Learning, Women's17
Services, and Workforce Development, and the State Board of Elementary and18
Secondary Education, and the Board of Regents and any other public entity the19
commission deems necessary.20
Section 2. R.S. 35:406(A)(1) and (D) are hereby amended and reenacted to read as21
follows:22
§406. Ex officio notaries public of the adult protection agency23
A. Notwithstanding any provisions of law relative to qualifications for24
notaries public, except R.S. 35:391:25
(1) The director of the office of elderly affairs secretary of the Department26
of Elderly Affairs may appoint two investigators in each region of the adult27
protection agency, office of elderly affairs, office of the governor, Department of28
Elderly Affairs, as ex officio notaries public.29
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D. The director or secretary authorized to make such appointments may1
suspend or terminate any appointment made pursuant to this Section at any time.2
Separation from the employ of the adult protection agency shall automatically3
terminate the powers of such an ex officio notary public.4
Section 3. R.S. 36:258(F) is hereby amended and reenacted and R.S. 36:4(A)(15)5
and Chapter 4 of Title 36 of the Louisiana Revised Statutes of 1950, comprised of R.S.6
36:151 through 157, are hereby enacted to read as follows:7
§4. Structure of executive branch of state government8
A. In accordance with the provisions of Article IV, Section 1 and Article9
XIV, Section 6 of the Constitution of Louisiana, all offices, boards, commissions,10
agencies, and instrumentalities of the executive branch of state government, whether11
constitutional or statutory, and/or their functions, powers, duties, and responsibilities12
shall be allocated, either in the Act by which this Title was created or by legislation13
enacted subsequent thereto, within the departments listed in this Section, except as14
provided in Subsections B and C of this Section, and in order to comply with this15
constitutional mandate, the agencies of the executive branch of state government16
hereinafter enumerated, whether heretofore created by the constitution or by statute,17
and/or their functions, powers, duties, and responsibilities are allocated, in the18
manner hereinafter set forth in this Title, within the following designated19
departments:20
* * *21
(15) Department of Elderly Affairs22
* * *23
CHAPTER 4. DEPARTMENT OF ELDERLY AFFAI RS24
§151. Department of Elderly Affairs; creation; domicile; composition; purposes and25
functions26
A. The Department of Elderly Affairs is created and shall be a body27
corporate with the power to sue and be sued. The domicile of the department shall28
be in Baton Rouge.29 ENROLLEDHB NO. 352
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B. The Department of Elderly Affairs, through its offices and officers, shall1
be responsible for the functions of the state that are designed to meet the needs of2
Louisiana residents sixty years of age or older and for planning, monitoring,3
coordination, and delivery of services to the elderly of the state, including but not4
limited to coordination of services of all state agencies serving the elderly and5
requiring reports from them; developing a plan for efficient coordination of functions6
and services for the elderly and for consolidation of such functions and services7
within the department with local administration by the parish voluntary councils on8
aging; administration of the Older Americans Act and related programs;9
administration of all federal funds appropriated, allocated, or otherwise made10
available to the state for services to the elderly, except funds for programs11
administered by other state departments or agencies as specified by the Louisiana12
Revised Statutes of 1950; exercising functions relative to nutrition programs for the13
elderly and handicapped citizens of Louisiana, homemaker services, home repair and14
maintenance services, employment and training services, recreational and15
transportation services, counseling, information and referral services, protective16
services as provided in R.S. 15:1501 et seq., and health-related outreach, but17
excluding the transportation program for the elderly and the handicapped18
administered by the Department of Transportation and Development under Section19
16(b)(2) of the Federal Urban Mass Transportation Act of 1964 as amended and20
other such programs and services assigned to other departments of state government21
as provided in Title 36 of the Louisiana Revised Statutes of 1950; collection of facts22
and statistics and making special studies of conditions pertaining to the employment,23
health, financial status, recreation, social adjustment, or other conditions affecting24
the welfare of the aged; keeping abreast of the latest developments in aging25
throughout the nation and interpreting such findings to the public; providing for a26
mutual exchange of ideas and information on national, state, and local levels; and27
making recommendations to the governor and to the legislature for needed28
improvements and additional resources to promote the welfare of the aging in the29
state.30 ENROLLEDHB NO. 352
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C. The Department of Elderly Affairs shall be composed of the executive1
office of the secretary, the office of management and finance, and such other offices2
as shall be created by law. Whenever the secretary determines that the3
administration of the functions of the department may be more efficiently performed4
by eliminating, merging, or consolidating existing offices or establishing new5
offices, he shall present a plan therefor to the legislature for its approval by statute.6
§152. Officers of the department; compensation for one office only7
A. The officers of the department shall be the secretary, the undersecretary,8
and the deputy secretary if a deputy secretary is appointed, each of whom shall be9
selected and shall perform functions as provided in this Title.10
B. No person serving as a secretary, deputy secretary, or undersecretary shall11
receive any additional salary from the state other than that salary which he receives12
by virtue of serving in any one of such offices. Any statewide elected official13
appointed to serve as a secretary, deputy secretary, or undersecretary shall not14
receive any additional salary from the state other than that salary which he receives15
as a statewide elected official.16
C. Notwithstanding any provision of this Section to the contrary, subject to17
approval of the governor, any person, including any statewide elected official,18
serving or appointed to serve as a secretary, undersecretary, or deputy secretary may19
receive additional compensation for part-time services rendered as an instructor in20
postsecondary educational institutions or as a member of the National Guard.21
§153. Secretary of elderly affairs22
There shall be a secretary of the Department of Elderly Affairs, who shall be23
appointed by the governor with consent of the Senate from recommendations for24
appointment by the Louisiana Executive Board on Aging, and who shall serve at the25
pleasure of the governor at a salary fixed by the governor, which salary shall not26
exceed the amount approved for such position by the legislature while in session.27
The secretary shall serve as the executive head and chief administrative officer of the28
Department of Elderly Affairs and shall have the responsibility for the policies of the29
department except as otherwise provided by this Title, and for the administration,30 ENROLLEDHB NO. 352
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control, and operation of the functions, programs, and affairs of the department;1
provided that the secretary shall perform his functions under the general control and2
supervision of the governor.3
§154. Powers and duties of secretary of elderly affairs4
A. In addition to the functions, powers, and duties otherwise vested in the5
secretary by law, he shall:6
(1) Represent the public interest in the administration of this Chapter and7
shall be responsible to the governor, the legislature, and the public therefor.8
(2) Determine the policies of the department, except as otherwise provided9
by this Title.10
(3) In accordance with the Administrative Procedure Act, make, alter,11
amend, and promulgate rules and regulations necessary for the administration of the12
functions of the department, except as otherwise provided by this Title. The rules13
and policies of the Office of Elderly Affairs in effect on the effective date of this14
Paragraph shall remain in effect as rules of the Department of Elderly Affairs and15
such rules shall remain in effect subject to their own provisions until changed as16
provided in this Paragraph.17
(4) Organize, plan, supervise, direct, administer, execute, and be responsible18
for the functions and programs vested in the department, in the manner and to the19
extent provided by this Title.20
(5) Advise the governor on problems concerning the administration of the21
department.22
(6) Act as the sole agent of the state or, in necessary cases, designate one of23
the officers within the department to cooperate with the federal government and with24
other state and local agencies in matters of mutual concern and in the administration25
of federal funds granted to the state or directly to the department or an office thereof26
to aid in the furtherance of any function of the department and its offices. For this27
purpose he may take such actions, in accordance with applicable state law, necessary28
to meet such federal standards as are established for the administration and use of29 ENROLLEDHB NO. 352
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such federal funds, except as otherwise specifically provided in this Title or by the1
constitution and laws of this state.2
(7) Make and publish an annual report to the governor and the legislature3
concerning the operations of the department and submit with each report such4
recommendations as he deems necessary for the more effective internal structure and5
administration of the department and make other reports and recommendations on6
his own initiative or upon request of the governor, the legislature, or any committee7
or member thereof.8
(8) Provide for the ongoing merger and consolidation of the agencies and9
functions transferred to his department and submit a report thereon to the governor10
and the legislature, which report shall accompany the budget request which he11
submits under provisions of R.S. 39:33. Such report shall include a statement of the12
goals of the department and of the programs thereof and shall summarize the13
accomplishments of the department in meeting such goals and implementing such14
programs. The report shall also contain a specific statement of the reorganization15
and consolidation plan for the department for the next year and shall include a report16
on the implementation of such reorganization and consolidation plan for the previous17
year. The report concerning reorganization shall specifically detail the extent to18
which the department has achieved goals stated the previous year with respect to19
merger and consolidation of functions, abolition of agencies, elimination of job20
positions, and efficiency and economy in delivery of services. The report shall21
contain any recommendations with respect to reorganization which may require22
legislative action under the provisions of this Title. A copy of the report and23
recommended legislation shall also be submitted by the secretary to the presiding24
officer of both houses of the legislature. The presiding officer shall refer the report25
to the appropriate committee having jurisdiction of the subject matter as provided in26
the rules of the respective house.27
B. The secretary may:28
(1)(a) Except as otherwise specifically provided in R.S. 36:801 and 803:29 ENROLLEDHB NO. 352
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(i) Employ, appoint, remove, assign, and promote such personnel as is1
necessary for the efficient administration of the executive office of the secretary and2
the performance of its powers, duties, functions, and responsibilities and such other3
personnel, who are not assigned to an office, as may be necessary for the efficient4
administration of the department, and for the performance of the responsibilities,5
powers, duties, and functions of agencies transferred to it.6
(ii) Employ, assign, and remove all personnel employed for the department7
on a contractual basis.8
(iii) Transfer the personnel of the department as necessary for the efficient9
administration of the department and its programs.10
(b) All of the provisions of Subparagraph (a) of this Paragraph shall be11
accomplished in accordance with applicable civil service laws, rules, and regulations,12
and with policies and rules of the Department of Elderly Affairs, and all shall be13
subject to budgetary control and applicable laws.14
(2) Appoint, subject to gubernatorial approval, advisory councils, boards,15
and commissions necessary in the administration of the department, except as16
otherwise provided by law or by executive order.17
(3) Accept and use, in accordance with law, gifts, grants, bequests, and18
endowments for purposes consistent with the responsibilities and functions of the19
department, and take such actions as are necessary to comply with conditions20
required for such acceptance.21
(4) Formulate and promulgate rules of administration for the department22
relating to employment and management.23
(5) Do such other things not inconsistent with law as are necessary to24
perform properly the functions vested in him.25
§155. Deputy secretary26
There may be a deputy secretary of the department, who shall be appointed27
by the secretary with consent of the Senate and who shall serve at the pleasure of the28
secretary at a salary fixed by the secretary, which salary shall not exceed the amount29
approved for such position by the legislature while in session. The duties and30 ENROLLEDHB NO. 352
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functions of the deputy secretary shall be determined and assigned by the secretary.1
If appointed, he shall serve as acting secretary in the absence of the secretary.2
§156. Undersecretary; functions; office of management and finance3
A. There shall be an undersecretary of the Department of Elderly Affairs,4
who shall be appointed by the governor with consent of the Senate and who shall5
serve at the pleasure of the governor at a salary fixed by the governor, which salary6
shall not exceed the amount approved for such position by the legislature while in7
session. The undersecretary shall be directly responsible to and shall perform his8
functions under the supervision and control of the secretary.9
B. The undersecretary shall direct and be responsible for the functions of the10
office of management and finance within the Department of Elderly Affairs. In such11
capacity, he shall be responsible for accounting and budget control, procurement and12
contract management, data processing, management and program analysis, personnel13
management, and grants management for the department and all of its offices,14
including all agencies transferred to the Department of Elderly Affairs, except as15
otherwise specifically provided in this Title. He shall employ, appoint, remove,16
assign, and promote such personnel as are necessary for the efficient administration17
of the office of management and finance and the performance of its powers, duties,18
functions, and responsibilities, in accordance with applicable civil service laws,19
rules, and regulations, and with policies and rules of the department, all subject to20
budgetary control and applicable laws. The undersecretary shall exercise all powers21
and authority granted to him in this Title subject to the overall direction and control22
of the secretary.23
C. The duties and functions of the office of management and finance and of24
the undersecretary shall be as provided in this Section, and these duties and functions25
shall not be subject to change by the secretary, except that the undersecretary shall26
perform such additional duties and functions as are assigned by the secretary.27 ENROLLEDHB NO. 352
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§157. Transfer of agencies or their powers to Department of Elderly Affairs1
A. The Louisiana Executive Board on Aging (R.S. 46:931 et seq.) is placed2
within the Department of Elderly Affairs and shall exercise and perform its powers,3
duties, functions, and responsibilities as provided in R.S. 36:802.4
B. The Office of Elderly Affairs (formerly R.S. 46:931 et seq.) is hereby5
abolished and its powers, duties, functions, and responsibilities are transferred to the6
Department of Elderly Affairs and shall be exercised and performed as provided in7
Chapter 7 of Title 46 of the Louisiana Revised Statutes of 1950, as provided in this8
Chapter, and as provided in Part IV of Chapter 22 of this Title except as otherwise9
provided in Chapter 7 of Title 46 of the Louisiana Revised Statutes of 1950.10
* * *11
§258. Offices; purposes and functions12
* * *13
F. The office of aging and adult services shall be responsible for the14
programs and functions of the Department of Health and Hospitals related to the15
long-term care of the elderly and the protection and long-term care of persons with16
adult onset disabilities. It shall administer the residential state-operated nursing17
homes, the Villa Feliciana Medical Complex, the protection services program of18
adults from ages eighteen to fifty-nine, the department's long-term support and19
services programs, the State Personal Assistance Services program, the Community20
and Family Support Program, the Traumatic Head and Spinal Cord Injury Trust21
Fund, as well as other related programs within the department. The office shall have22
no responsibility or authority for any programs or functions assigned by the23
Louisiana Revised Statutes of 1950 to the Department of Elderly Affairs.24
* * *25
Section 4. R.S. 39:33(A)(2) is hereby amended and reenacted to read as follows:26
§33. Agency budget request; time of submission; standing committees27
A.28
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(2) Except as limited, restricted, or otherwise prohibited by the Constitution1
of Louisiana, simultaneously with budget units submitting their budget requests to2
the governor, the Department of Economic Development, the Department of Elderly3
Affairs, the Department of Public Safety and Corrections, the Department of4
Children and Family Services, the Louisiana Workforce Commission, the5
Department of Health and Hospitals, the Department of Education, the State Board6
of Elementary and Secondary Education, the Board of Regents, and in the office of7
the governor, the Department of Veterans Affairs and the Offices of Lifelong8
Learning, Workforce Development, Elderly Affairs, and Women's Services shall9
submit a copy of their workforce budget requests to the Louisiana Workforce10
Investment Council, as created in R.S. 23:2042, for the commission's review,11
modification, and approval of funding to be incorporated into the executive budget.12
* * *13
Section 5. R.S. 46:931, 932(introductory paragraph) and (14), 933(A), (D), and (G),14
934, 935(A), (B)(introductory paragraph), and (C), 936, 937, 937.1(A) and (B)(1) and (3),15
937.2, 937.3, 938, and 2351(E)(introductory paragraph) are hereby amended and reenacted16
to read as follows:17
CHAPTER 7. OFFICE DEPARTMENT OF ELDERLY AFFAIRS18
§931. Creation; personnel 19
An agency of the state to be known as the office of elderly affairs The20
Department of Elderly Affairs is hereby created and established in the office of the21
governor. Said office The department shall exercise the powers and duties22
hereinafter set forth in this Chapter or otherwise provided by law. The office23
department shall be administered by an executive director a secretary, who shall be24
recommended appointed by the governor, subject to Senate confirmation, from25
recommendations for appointment by the Louisiana Executive Board on Aging . to26
the governor to The secretary shall serve at his the pleasure of the governor, subject27
to confirmation by the Senate. The executive director secretary shall employ28
necessary staff to carry out the duties and functions of the office department as29
otherwise provided in this Chapter, or as otherwise provided by law.30 ENROLLEDHB NO. 352
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§932. Powers and duties1
The office department shall have the following powers and duties:2
* * *3
(14) To approve recommendations from any parish voluntary council on4
aging prior to the creation of any new state-funded senior center in the state.5
Recommendations from a parish voluntary council on aging and approval by the6
Office Department of Elderly Affairs shall be based on need for a new facility and7
whether the proposed facility will meet the criteria for a senior center as defined in8
the policies and regulations established by the Office Department of Elderly Affairs.9
§933. Louisiana Executive Board on Aging established; membership; term of office;10
compensation of members11
A. There is hereby established the The Louisiana Executive Board on Aging12
within the office of the governor is established within the Department of Elderly13
Affairs. 14
* * *15
D. A person is not eligible for appointment if the person or the person's16
spouse is either: 17
(1) Employed Is employed by a business entity or other organization18
regulated by or receiving funds from the governor's office of elderly affairs19
Department of Elderly Affairs.20
(2) Owns, controls, or has, directly or indirectly, more than a ten percent21
interest in a business entity or other organization regulated by or receiving funds22
from the governor's office of elderly affairs Department of Elderly Affairs. 23
* * *24
G. The board may recommend discharge of the executive director to the25
governor that the secretary be replaced. The board shall adopt rules for the26
transaction of its business and shall keep a record of its resolutions, transactions,27
findings, and determinations. A majority of members shall constitute a quorum. The28
office department shall provide office and meeting space and staff support for the29
board.30 ENROLLEDHB NO. 352
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§934. Louisiana Executive Board On Aging; powers, duties, and functions 1
A. The board shall develop and implement policies and procedures2
pertaining to the office of elderly affairs Department of Elderly Affairs and its3
functions, shall approve matters of policy and all rules and regulations promulgated4
by the board or the office department which that pertain to elderly affairs and5
voluntary parish councils on aging, shall review and make recommendations to the6
director secretary on matters of general importance and relevance to the planning,7
monitoring, coordination, and delivery of services to the elderly of the state, and8
shall prepare and submit an annual report to the legislature and to the governor sixty9
days prior to the legislative session.10
B. The board shall adopt rules governing the functions of the office11
department, including rules that prescribe the policies and procedures followed by12
the board and the office department in the administration of its programs, all in13
accordance with the Administrative Procedure Act. The rules adopted by the board14
for the Office of Elderly Affairs in effect on the effective date of this Subsection15
shall remain in effect and shall be applicable to the board and the Department of16
Elderly Affairs and such rules shall remain in effect subject to their own provisions17
until changed as provided in this Subsection.18
C. The board by rule or its order may delegate any portion of its rights,19
powers, and duties to the executive director secretary of the department.20
§935. Power of review of proposals of state agencies 21
A. Any state agency or department proposing to establish, modify, or expand22
programs or services for the elderly of the state shall consult with the director of the23
office secretary of the department, who shall consult and coordinate a response with24
the parish voluntary councils on the aging as appropriate.25
B. The office department shall review and report upon all such proposals26
submitted to it and shall comment as to the following:27
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C. All state agencies administering programs or implementing policies which1
affect the health or well being of the elderly shall cooperate with the office2
department in carrying out these responsibilities.3
§936. Statement of intent4
A. It is the intention of the legislature that, insofar as is practical and5
consistent with the efficient administration of state government, programs and6
services for the elderly population of Louisiana, with the exception of any programs7
administered by the Department of Children and Family Services or the Department8
of Health and Hospitals on August 15, 1995, shall eventually be consolidated within9
the Office Department of Elderly Affairs, to be administered at the local level by the10
sixty-four parish voluntary councils on aging.11
B. It is further the intention of the legislature that the Office Department of12
Elderly Affairs administer all federal funds appropriated, allocated, or otherwise13
made available to the state for services to the elderly, whether by block grant or in14
any other form, with the exception of funds for programs administered by the15
Department of Children and Family Services or the Department of Health and16
Hospitals on August 15, 1995. The Office Department of Elderly Affairs shall17
distribute such funds in accordance with appropriate state and federal requirements18
and consistent with this Section.19
§937. Frail elderly program; administration 20
A. The office of elderly affairs Department of Elderly Affairs shall create the21
frail elderly program which shall provide home and community services to persons22
sixty years of age or older who have some degree of functional impairment in areas23
serviced by a participating voluntary council on aging. Such impairment shall be24
determined by the comprehensive assessment conducted in accordance with rules25
and regulations promulgated by the office department.26
B. In areas serviced by a voluntary council on aging which agrees to27
participate, the program shall be administered by the council, subject to the rules and28
regulations promulgated by the office department.29 ENROLLEDHB NO. 352
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§937.1. Eligibility; services provided1
A. Eligibility for this the frail elderly program shall be initially determined2
on the basis of the comprehensive assessment required by R.S. 46:937. No person3
shall receive services under this program without such services being authorized on4
the basis of the comprehensive assessment results.5
B.(1) Services to be provided under this the frail elderly program shall be6
limited to those services provided in the person's home or those services intended to7
maintain the person's ability to live at home. These shall include but need not be8
limited to the social, nutrition, and support services currently provided by the9
councils on aging, such as home-delivered meals, respite care, homemaker services,10
and chore assistance.11
* * *12
(3) All other services provided through this the frail elderly program shall13
be subject to any applicable state licensing laws and to such service standards as may14
be promulgated by the office department.15
* * *16
§937.2. Funding 17
Funding for this the frail elderly program shall be provided by:18
(1) That portion of appropriations from the state general fund to the parish19
voluntary councils on aging not needed to match the federal Older American Act or20
other matching fund programs. In January of each year, the office department shall21
certify to the legislature and to the councils on aging the amount of funds available22
under this program.23
(2) Persons eligible for the program shall be assessed an appropriate fee on24
a sliding scale based upon the person's ability to pay. The fee scale shall be25
established by the office department by regulation and shall provide a minimum26
income level below which no fee shall be assessed. Fees collected pursuant to this27
program shall be maintained separate from other funds and shall be used only for the28
purposes of increasing the provision of any of the services allowed under this29
program to eligible persons.30 ENROLLEDHB NO. 352
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§937.3. Duties of the office department; reimbursement1
A. The office department shall adopt rules and regulations necessary to2
administer this the frail elderly program in accordance with the Administrative3
Procedure Act. Such rules and regulations shall be promulgated in order to allow for4
the program to begin operation no later than July, 1993.5
B. The office department shall establish reimbursement rates for each service6
provided under this program.7
C. The office department shall report annually to the legislature on the8
implementation of the program. The first report shall be delivered to the legislature9
no later than thirty days prior to the 1994 Regular Session and shall include the10
office's assessment of the feasibility of the program and any recommendations as to11
whether the program should be continued, expanded, or discontinued.12
§938. Volunteer service credit program; creation 13
A. The office of elderly affairs Department of Elderly Affairs shall establish14
a computer-based volunteer service credit program under which persons may15
volunteer their services to provide respite care, homemaker care, home repair, and16
maintenance services as provided by R.S. 46:937.1(B) and (C), or related services17
to persons sixty years of age or older who are determined by the office department18
to need such care. Volunteer participants in this program shall receive credit for19
providing the volunteer services, which credit may then be drawn upon when20
volunteers or their spouses are determined by the office department to need services21
included in the volunteer service credit program.22
B. The office department shall establish a computer-based volunteer skills23
bank which shall include a registry of names, skills, and interests of persons earning24
service credits, an accounting system necessary to track service credits earned by25
each volunteer, and the capacity to provide each volunteer with monthly balances of26
credits earned and credits expended.27
C. To the extent possible, the office department shall recruit and train a28
sufficient number of volunteers to assure the availability of volunteers to meet the29
needs of persons who have service credits and who need to draw on their accounts.30 ENROLLEDHB NO. 352
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The office department shall also develop a contingency plan for using the staff and1
programs of the office department to ensure that services are available in return for2
credit in the event no appropriate volunteer is available. The contingency plan shall3
be incorporated into rules adopted pursuant to the provisions of this Section.4
D. The office department shall adopt rules necessary to administer the5
program, which shall include standards to screen and train participants and to limit6
the number of hours of credit which may be accumulated by each volunteer.7
E. The office department shall coordinate this program with the parish8
councils on aging and other existing volunteer programs where feasible.9
F. The office department shall report annually to the legislature on the10
implementation of the program. The report shall include the number of volunteer11
participants, the number of credited hours of service, all costs associated with the12
program, any recommendations for program modifications, and any other13
information relevant to program effectiveness. The first annual report shall be14
delivered to the legislature no later than thirty days prior to the 1988 Regular Session15
and shall include the office's assessment of the feasibility of the program and any16
recommendations as to whether the program should be continued, expanded, or17
discontinued.18
* * *19
§2351. Creation; membership; terms; compensation20
* * *21
E. Upon request of the commission, the directors of the following agencies,22
and the secretary in the case of the Department of Elderly Affairs, shall make23
themselves available for consultation and shall provide information regarding the24
services available to the deaf through their respective agencies:25
* * *26
Section 6. R.S. 36:4(B)(6) is hereby repealed in its entirety.27
Section 7. The Louisiana State Law Institute is hereby authorized and directed to28
change references as follows:29 ENROLLEDHB NO. 352
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are additions.
(A) Change "office of elderly affairs" to "Department of Elderly Affairs" in the1
following provisions: R.S. 40:2010.1(5) and 2010.2, R.S. 46:1602(A) and (C), 1606(A),2
(D)(2), and (E), 1608(A), and 2351(E)(4).3
(B) Change "Governor's Office of Elderly Affairs" to "Department of Elderly4
Affairs" in the following provisions: R.S. 14:35.1(A)(3) and R.S. 46:2136.2(F).5
(C) Change "office of elderly affairs in the office of the governor" to "Department6
of Elderly Affairs" in the following provisions: R.S. 15:1503(4)(a), R.S. 17:3932(A)(2), and7
R.S. 40:2010.1(1).8
(D) Change "Office of Elderly Affairs within the governor's office" to "Department9
of Elderly Affairs" in the following provisions: R.S. 40:1300.212(3) and 1300.213(A) and10
(B).11
(E) Change "governor's office of elderly affairs" to "Department of Elderly Affairs"12
in R.S. 40:2009.25(F)(10).13
(F) Change "office of elderly affairs that is an organizational part of the governor's14
office, and" to "Department of Elderly Affairs, which" in R.S. 47:120.26(A)(1).15
(G) Change "office of elderly affairs of the governor's office" to "Department of16
Elderly Affairs" in R.S. 47:305.66(B).17
(H) Change "Office of Elderly Affairs" to "Department of Elderly Affairs" in R.S.18
46:56(A), (B)(1), and (F)(4)(b), 61(A)(1) and (C), 1608(E), 2673(A)(1), and 2674(A)(2)(a).19
(I) Change "office" to "department" in R.S. 46:1608(A) and (C).20
(J) Change "executive director" or "executive director of the office" or "executive21
director of the office of elderly affairs" or "executive director of the Office of Elderly22
Affairs" or "executive director of the Governor's Office of Elderly Affairs" to "secretary of23
the Department of Elderly Affairs" in R.S. 17:2048.61(D)(21), R.S. 23:2043(A)(9), and R.S.24
46:1606(A), (B)(1) and (2), (C), and (D)(3), 1608(A), and 2911(B)(8).25
(K) Change "executive director of the office" or "executive director" to "secretary26
of the department" in R.S. 46:1608(B), (C), and (F).27
(L) Change ""OEA"" to ""DEA"" in R.S. 47:120.26(A)(1) and change "OEA" to28
"DEA" in R.S. 47:120.26(C), (D), and (E).29 ENROLLEDHB NO. 352
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Section 8. Notwithstanding any provision of law to the contrary, any funds1
appropriated or allocated for any purpose, function, or program that is under the purview,2
jurisdiction, or authority of the Office of Elderly Affairs or its successor, the Department of3
Elderly Affairs, by virtue of statutory enactment in the Louisiana Revised Statutes of 19504
shall be appropriated or allocated only to, and available for use only by, the Office of Elderly5
Affairs or its successor, the Department of Elderly Affairs, and such funds shall not be6
appropriated, allocated, or transferred to any other state department, agency, office, or7
program. For purposes of this Section, the provisions of Title 36 of the Louisiana Revised8
Statutes of 1950, Organization of the Executive Branch of State Government, the provisions9
of Chapter 7 of Title 46 of the Louisiana Revised Statutes of 1950, and the provisions of the10
Adult Protective Services Act, R.S. 15:1501 et seq., shall supersede any other provision of11
law concerning assignment or allocation of purposes, functions, and programs to12
departments, agencies, and offices of the executive branch and shall also supersede the13
provisions of any appropriation or allocation made in contravention of this Section.14
Appropriations and allocations of funds for the purposes of programs affecting the elderly15
and persons age sixty and over shall be made to departments, agencies, and offices in16
accordance with the assignment of purposes, programs, and functions by the provisions of17
Title 36 of the Louisiana Revised Statutes of 1950, Organization of the Executive Branch18
of State Government, the provisions of Chapter 7 of Title 46 of the Louisiana Revised19
Statutes of 1950, and the provisions of the Adult Protective Services Act, R.S. 15:1501 et20
seq. Any appropriation or allocation of funds for any purpose, function, or program that is21
assigned to the Office of Elderly Affairs, or its successor, the Department of Elderly Affairs,22
shall be deemed to have been made to the Office of Elderly Affairs, or its successor, the23
Department of Elderly Affairs regardless of the entity to which such appropriation or24
allocation is made, and the state treasurer shall redirect funds appropriated or allocated to25
any other department, agency, office, or entity in contravention of this Section to the Office26
of Elderly Affairs, or its successor, the Department of Elderly Affairs.27
Section 9.(A) This Section and Section 8 of this Act shall become effective on July28
1, 2013; if this Act is vetoed by the governor and subsequently approved by the legislature,29 ENROLLEDHB NO. 352
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this Section and Section 8 of this Act shall become effective on July 1, 2013, or on the day1
following such approval by the legislature, whichever is later.2
(B) Sections 1 through 7 of this Act shall become effective upon the effective date3
of the abolition of one or more of the twenty departments in the executive branch of state4
government or upon the effective date of a constitutional amendment that authorizes creation5
of an executive branch department in addition to the twenty departments authorized by6
Constitution Article IV, Section 1(B), whichever such effective date is earlier.7
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: