HLS 13RS-1122 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2013
HOUSE BILL NO. 562
BY REPRESENTATIVE JOHNSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HEALTH CARE/PROVIDERS: Provides a limited exception to certain licensing
requirements for home- and community-based service providers
AN ACT1
To amend and reenact R.S. 40:2120.4(B)(6) and to enact R.S. 40:2120.4(E), relative to2
home- and community-based service provider licensing standards; to provide for a3
conditional exemption from certain licensing requirements; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 40:2120.4(B)(6) is hereby amended and reenacted and R.S.7
40:2120.4(E) is hereby enacted to read as follows: 8
ยง2120.4. Rules and regulations; licensing standards9
* * *10
B. The licensing agency of the department shall prescribe, promulgate, and11
publish rules, regulations, and licensing standards to include but not be limited to the12
following:13
* * *14
(6) Initial Except as provided in Subsection E of this Section, initial and15
annual renewal of license, including the requirement of a showing of financial16
viability not in excess of the requirement for initial licensure.17
* * *18
E. For initial issuance or annual renewal of license, the department shall not19
apply any financial viability standard requiring a line of credit from a lending20 HLS 13RS-1122 ORIGINAL
HB NO. 562
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
institution, as prescribed in R.S. 40:2120.2(2)(a), to any home- and community-1
based service provider that meets all of the following qualifications:2
(1) Has operated and provided services to functionally impaired adults3
continuously for over twenty-five years.4
(2) Provides adult day care, day habilitation, pre-vocational training, or5
supported employment to a combined total of fewer than one hundred clients.6
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)]
Johnson HB No. 562
Abstract: Provides a limited exception to certain licensing requirements for home- and
community-based service providers.
Present law requires DHH to prescribe licensing standards for home- and community-based
service providers, and that such standards shall include a requirement for demonstrating
"financial viability".
Present law provides that for the purposes of present law, "financial viability" means that the
provider seeking a home- and community-based service provider license is able to provide
verification and maintenance of:
(1)A line of credit issued from a federally insured, licensed lending institution in the
amount of at least $50,000.
(2)General and professional liability insurance of at least $300,000.
(3)Worker's compensation insurance.
Proposed law exempts home- and community-based service providers that meet all of the
following qualifications from the requirement for a line of credit for initial issuance or
renewal of a license:
(1)Has operated and provided services to functionally impaired adults continuously for
over 25 years.
(2)Provides adult day care, day habilitation, pre-vocational training, or supported
employment to a combined total of fewer than 100 clients.
(Amends R.S. 40:2120.4(B)(6); Adds R.S. 40:2120.4(E))