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Regular Session, 2014
HOUSE BILL NO. 1256 (Substitute for House Bill No. 152 by Representative Harrison)
BY REPRESENTATIVE HARRISON
GOVERNMENT ORGANI ZATION: Creates the Dept. of Health and Hospitals and
Children and Family Services, abolishes the Dept. of Health and Hospitals (DHH)
and the Dept. of Children and Family Services (DCFS), and creates separate entities
within the new department as successors to the abolished departments
AN ACT1
To amend and reenact R.S. 36:4(A)(5), 251, 252, 253, 254(A)(2), (3), (6), and (7),2
(B)(1)(a)(introductory paragraph), and (C), 254.1(A), (B), (C)(introductory3
paragraph), (2) and (4), 254.2, 255, 256, 257, 258(A) and (F), and 259, to enact R.S.4
36:258(M), and to repeal R.S. 36:(4)(A)(10), 254(A)(9) through (14), (B)(5) through5
(7), and (9), and (D), and Chapter 10-A of Title 36 of the Louisiana Revised Statutes6
of 1950, comprised of R.S. 36:471 through 478, relative to the reorganization of the7
executive branch of state government; to provide for the Department of Health and8
Hospitals and Children and Family Services by combining the Departments of9
Health and Hospitals and the Department of Children and Family Services into one10
department; to provide that the new department shall be the successor of the two11
prior departments; to provide for the organization of the department by creating12
health and hospitals services and children and family services within the department13
and providing for the powers, duties, and responsibilities of each of such services;14
to provide for department officers and offices and their powers, duties, and15
responsibilities; to transfer agencies to the department and provide for their powers,16
duties, and responsibilities; to provide for implementation; and to provide for related17
matters.18 HLS 14RS-2654 REENGROSSED
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Be it enacted by the Legislature of Louisiana:1
Section 1. R.S. 36:4(A)(5), 251, 252, 253, 254(A)(2), (3), (6), and (7),2
(B)(1)(a)(introductory paragraph), and (C), 254.1(A), (B), (C)(introductory paragraph), (2)3
and (4), 254.2, 255, 256, 257, 258(A) and (F), and 259 are hereby amended and reenacted4
and R.S. 36:258(M) is hereby enacted to read as follows:5
§4. Structure of executive branch of state government6
A. In accordance with the provisions of Article IV, Section 1 and Article7
XIV, Section 6 of the Constitution of Louisiana, all offices, boards, commissions,8
agencies, and instrumentalities of the executive branch of state government, whether9
constitutional or statutory, and/or their functions, powers, duties, and responsibilities10
shall be allocated, either in the Act by which this Title was created or by legislation11
enacted subsequent thereto, within the departments listed in this Section, except as12
provided in Subsections B and C of this Section, and in order to comply with this13
constitutional mandate, the agencies of the executive branch of state government14
hereinafter enumerated, whether heretofore created by the constitution or by statute,15
and/or their functions, powers, duties, and responsibilities are allocated, in the16
manner hereinafter set forth in this Title, within the following designated17
departments:18
* * *19
(5) Department of Health and Hospitals and Children and Family Services20
* * *21
CHAPTER 6. DEPARTMENT OF HEALTH AND HOSPI TALS AND22
CHILDREN AND FAMILY SERVICES23
§251. Department of Health and Hospitals and Children and Family Services;24
creation; domicile; composition; purpose and functions25
A. The Department of Health and Hospitals and Children and Family26
Services is created and shall be a body corporate with the power to sue and be sued.27
The domicile of the department shall be in Baton Rouge where it shall maintain its28
principal offices, but the secretary may maintain branch offices if he deems it in the29 HLS 14RS-2654 REENGROSSED
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best interest of the efficient administration of the department; however, the principal1
offices of the office of public health may be located and maintained in the parish of2
Orleans.3
B.(1) The Department of Health and Hospitals and Children and Family4
Services, through its offices and officers, shall be responsible for the development5
and providing of health and medical services for the prevention of disease for the6
citizens of Louisiana. The Department of Health and Hospitals and Children and7
Family Services shall provide health and medical services for the uninsured and8
medically indigent citizens of Louisiana. The secretary and the chancellor of the9
Louisiana State University Health Sciences Center shall provide for coordination in10
the delivery of services provided by the Louisiana State University Health Sciences11
Center with those services provided by the Department of Health and Hospitals and12
Children and Family Services, local health departments, and federally qualified13
health centers, including but not limited to services for the mentally ill, for persons14
with mental retardation and developmental disabilities, for those suffering from15
addictive disorders, public health services, and services provided under the Medicaid16
program.17
(2) The Department of Health and Hospitals and Children and Family18
Services, through its office and officers, shall be responsible for the development and19
providing of social services and the improvement of social conditions for the citizens20
of Louisiana.21
C.(1)(a) The Department of Health and Hospitals and Children and Family22
Services shall be composed of the executive office of the secretary, the office of23
management and finance, the office of public health, the office of behavioral health,24
the office for citizens with developmental disabilities, the office of aging and adult25
services, health and hospitals services, children and family services, and such other26
offices as shall be created by law.27
(b) Health and hospitals services shall include the office of management and28
finance for health and hospitals services, the office of public health, the office of29 HLS 14RS-2654 REENGROSSED
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behavioral health, the office for citizens with developmental disabilities, and the1
office of aging and adult services and shall also include the deputy secretary for2
health and hospitals services, the undersecretary for the office of management and3
finance for health and hospitals services, the assistant secretaries of the offices4
included in health and hospitals services, and personnel necessary to carry out their5
functions. It shall also include all agencies transferred to the department whose6
functions are related to health and hospitals services and all functions of abolished7
agencies transferred to the department that are related to health and hospitals services8
and all personnel of such agencies and personnel who perform such functions.9
(c) Children and family services shall include the division of programs, the10
division of operations, the office of children and family services, the division of11
management and finance of the office of children and family services, the deputy12
secretary for children and family services, the assistant deputy secretary of programs,13
the assistant deputy secretary of operations, the assistant secretary of the office of14
children and family services, the undersecretary of the division of management and15
finance of the office of community and family services, and personnel necessary to16
carry out their functions. It shall also include all agencies transferred to the17
department whose functions are related to children and family services and all18
functions of abolished agencies transferred to the department that are related to19
children and family services and all personnel of such agencies and personnel who20
perform such functions.21
(2) Whenever the secretary determines that the administration of the22
functions of the department may be more efficiently performed by eliminating,23
merging, or consolidating existing offices or establishing new offices, he shall24
present a plan therefor to the legislature for its approval by statute.25
§252. Officers of the department; compensation for one office only 26
A. The officers of the department shall be the secretary, the undersecretary,27
the deputy secretary if a deputy secretary is appointed, if one is appointed, the deputy28
secretary for health and hospitals services, the undersecretary for the office of29 HLS 14RS-2654 REENGROSSED
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management and finance for health and hospitals services, the deputy secretary for1
children and family services, the assistant deputy secretary of programs, the assistant2
deputy secretary of operations, the undersecretary of the division of management and3
finance of the office of children and family services, and assistant secretaries, each4
of whom shall be selected and shall perform functions as provided in this Title. B.5
No person serving as a secretary, deputy secretary, undersecretary, or assistant6
secretary an officer of the department shall receive any additional salary from the7
state other than that salary which he receives by virtue of serving in any one of such8
offices. Any statewide elected official appointed to serve as a secretary, deputy9
secretary, undersecretary, or assistant secretary an officer of the department shall not10
receive any additional salary from the state other than that salary which he receives11
as a statewide elected official. 12
C. Notwithstanding any provision herein to the contrary, subject to approval13
of the governor, any person, including any statewide elected official, serving or14
appointed to serve as a secretary, undersecretary, deputy secretary, or assistant15
secretary an officer of the department may receive additional compensation for part-16
time services rendered as an instructor in postsecondary educational institutions, or17
as a member of the National Guard. 18
§253. Secretary of health and hospitals and children and family services19
There shall may be a secretary of health and hospitals and children and20
family services, who, if there is to be one, shall be appointed by the governor with21
consent of the Senate and who shall serve at the pleasure of the governor at a salary22
fixed by the governor, which salary shall not exceed the amount approved for such23
position by the legislature while in session. The If appointed, the secretary shall24
serve as the executive head and chief administrative officer of the Department of25
Health and Hospitals and Children and Family Services and shall have the26
responsibility for the policies of the department, except as otherwise provided by this27
Title, and for the administration, control, and operation of the functions, programs,28 HLS 14RS-2654 REENGROSSED
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and affairs of the department; provided that the secretary shall perform his functions1
under the general control and supervision of the governor. 2
§254. Powers and duties of the secretary of the Department of Health and Hospitals3
and Children and Family Services4
A. In addition to the functions, powers, and duties otherwise vested in the5
secretary by law, he shall:6
* * *7
(2) Determine the policies of the department, except as otherwise provided8
by this Title. For this purpose, he shall conduct such studies and investigations as9
are necessary for the formulation of programs, plans, department procedures, rules10
and regulations, or for the implementation of remedial actions.11
(3) In accordance with the Administrative Procedure Act, make, alter,12
amend, and promulgate rules and regulations necessary for the administration of the13
functions of the department, except as authorized by this Chapter for the deputy14
secretary for health and hospitals services and the deputy secretary for children and15
family services and as otherwise provided by this Title.16
* * *17
(6)(a) Act as the sole agent of the state or, in necessary cases, designate one18
of the offices within the department or its assistant secretary to cooperate with the19
federal government and with other state and local agencies in matters of mutual20
concern and in the administration of federal funds granted to the state or directly to21
the department or an office thereof to aid in the furtherance of any function of the22
department or its offices, including but not limited . For this purpose he may take23
such actions, in accordance with any applicable state law, necessary to meet such24
federal standards as are established for the administration and use of such federal25
funds, except as otherwise specifically provided in this Title or by the constitution26
and laws of this state.27
(b) The deputy secretary for health and hospitals services shall be the agent28
of the state to cooperate with the federal government relative to funding for the29 HLS 14RS-2654 REENGROSSED
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Medical Assistance Program, Title XIX of the Social Security Act. For this purpose1
he may take such actions, in accordance with any applicable state law, necessary to2
meet such federal standards as are established for the administration and use of such3
federal funds, except as otherwise specifically provided in this Title or by the4
constitution and laws of this state.5
(b) (c) Act The deputy secretary for health and hospitals services shall act6
as the sole agent of the state or, in necessary cases, designate one of the offices7
within the department or its assistant secretary to cooperate with the federal8
government and with other state and local agencies in the administration of federal9
funds granted to the state pursuant to the State Children's Health Insurance Program,10
Title XXI of the Social Security Act. For this purpose he may take such actions, in11
accordance with any applicable state law, necessary to meet such federal standards12
as are established for the administration and use of such federal funds, except as13
otherwise specifically provided in this Title or by the constitution and laws of this14
state, and provided that if the department or health and hospitals services develops15
a private health insurance model, the department through health and hospitals16
services and the Department of Insurance shall jointly promulgate the necessary rules17
in accordance with the Administrative Procedure Act to establish the private health18
insurance model. Any rules or regulations promulgated pursuant to the private19
health insurance model shall be subject to review by the House Committee on Health20
and Welfare and the Senate Committee on Health and Welfare and the House21
Committee on Insurance and the Senate Committee on Insurance.22
(7) Make and publish an annual report to the governor and the legislature23
concerning the operations of the department and submit with each report such24
recommendations as he deems necessary for the more effective internal structure and25
administration of the department, and make other reports and recommendations on26
his own initiative or upon the request of the governor, the legislature, or any27
committee or member thereof.28
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B. The secretary shall have authority to:1
(1)(a) Except as otherwise specifically provided in this Chapter and in R.S.2
36:801 and R.S. 36:803:3
* * *4
C. The secretary and any deputy secretary shall have no power to buy and5
sell lands, incur debt or issue bonds, or to lease or mortgage property under his6
control except as may be provided by the general laws of the state or as hereafter7
specifically conferred by law upon him.8
* * *9
§254.1. Power of the deputy secretary of the Department of Health and Hospitals for10
health and hospital services to issue tax-exempt or taxable debt relative to the11
Drinking Water Revolving Loan Fund12
A. The deputy secretary of the department for health and hospital services13
is authorized and empowered to administer, maintain, and operate the Drinking14
Water Revolving Loan Fund as created and provided in R.S. 40:2821 through 2826.15
B. In connection with such administration, maintenance, and operation, the16
department through health and hospitals services is authorized to incur debt and issue17
bonds, notes, or other evidence of indebtedness, and is authorized to pledge the sums18
in, credited to, or payable to the Drinking Water Revolving Loan Fund as security19
for the debt of other entities, and is authorized to arrange, provide for, and pay the20
cost of credit enhancement devices for its debt and the debt of other entities in order21
to provide funds in connection with the Drinking Water Revolving Loan Fund22
Program. Any such evidence of indebtedness, guarantee, pledge, or credit23
enhancement device shall be authorized, executed, and delivered by the deputy24
secretary for health and hospital services or his designee in accordance with the25
provisions and subject to the limitations provided in R.S. 40:2821 through 2826 of26
the Drinking Water Revolving Loan Fund.27 HLS 14RS-2654 REENGROSSED
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C. In connection with the above power and duties involving the Drinking1
Water Revolving Loan Fund, the deputy secretary of the department for health and2
hospital services is authorized to:3
* * *4
(2) To administer the financial aspects of the Drinking Water Revolving5
Loan Fund as established in R.S. 40:2821 through 2826. The deputy secretary for6
health and hospital services is also authorized to enter into contracts and other7
agreements in connection with the operation of the Drinking Water Revolving Loan8
Fund to the extent necessary or convenient for the implementation of the Drinking9
Water Revolving Loan Fund Program.10
* * *11
(4) The deputy secretary of the Department of Health and Hospitals for12
health and hospital services on behalf of the Department of Health and Hospitals and13
Children and Family Services, hereafter the "department", is hereby authorized to14
issue, incur, and deliver debt evidenced by bonds, notes, or other evidences of15
indebtedness, payable from or secured by sums deposited in, credited to, or to be16
received in, including sums received pursuant to letters of credit, by the department17
in the Drinking Water Revolving Loan Fund as created and established in R.S.18
40:2821 through 2826. The department is further authorized to undertake and to19
issue and deliver evidences of its guarantee of the debt of other entities and is20
authorized to enter and execute pledges of the sums deposited in, credited to, or to21
be received in the Drinking Water Revolving Loan Fund, including payments22
pursuant to letters of credit, to secure the debt of other entities. Such bonds, notes,23
or other evidences of indebtedness, such guarantees, and such pledges issued and24
delivered pursuant to the authority hereof shall constitute special and limited25
obligations of the department, and shall not be secured by the full faith and credit of26
the state of Louisiana, any source of revenue of the state of Louisiana other than27
those sums on deposit in, credited to, or to be received in the Drinking Water28
Revolving Loan Fund including payments to be made pursuant to letters of credit.29 HLS 14RS-2654 REENGROSSED
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It is hereby found and determined that such bonds, notes, or other evidences of1
indebtedness, guarantees, and pledges shall constitute revenue bonds, debts, or2
obligations within the meaning of Article VII, Section 6(C) of the Constitution of3
Louisiana and shall not constitute the incurring of state debt thereunder.4
Withdrawals from the Drinking Water Revolving Loan Fund to pay debt service on5
any bond, note, or other evidence of indebtedness, obligation of guarantee of any6
debt, or pledge to secure any debt does not constitute and shall not be subject to7
annual appropriation by the legislature as provided by Article III, Section 16 of the8
Constitution of Louisiana.9
* * *10
§254.2. Hot Wells Rehabilitation Center11
All rights, title, and interest in the Hot Wells Rehabilitation Center, including12
all property, rights to mineral waters, equipment, and facilities, are vested in the13
office of the secretary, Department of Health and Hospitals and Children and Family14
Services. The deputy secretary for health and hospital services of the Department15
of Health and Hospitals and Children and Family Services may engage in16
cooperative endeavors, including but not limited to contracts or leases, with any17
public or private association, corporation, or individual for the establishment,18
maintenance, and operation of the Hot Wells Rehabilitation Center facilities as19
public facilities for rehabilitation purposes.20
§255. Deputy secretary secretaries; assistant deputy secretaries 21
A. There may be a deputy secretary of the department, who shall be22
appointed by the secretary with consent of the Senate and who shall serve at the23
pleasure of the secretary at a salary fixed by the secretary, shall be a deputy secretary24
for health and hospitals services and a deputy secretary for children and family25
services, each of whom shall be appointed by the governor with consent of the26
Senate and who shall serve at the pleasure of the governor at a salary fixed by the27
governor, which salary shall not exceed the amount approved for such position by28
the legislature while in session. The duties and functions of the deputy secretary29 HLS 14RS-2654 REENGROSSED
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shall be determined and assigned by the secretary. If appointed, he shall serve as1
acting secretary in the absence of the secretary. 2
B.(1) The deputy secretary for health and hospitals services shall serve as the3
chief administrative officer of health and hospitals services and shall have4
responsibility for the overall administration, control, and operation of the affairs of5
health and hospitals services. The deputy secretary for health and hospitals services6
shall exercise all powers and authority granted to him by law subject to the overall7
direction and control of the governor and he shall report directly to the governor.8
The duties and functions of the deputy secretary for health and hospitals services9
shall be as provided by law and shall not be subject to change by the department10
secretary, if one is appointed.11
(2) Health and hospitals services and all of its component entities as12
provided in R.S. 36:251(C)(1)(b) shall be under the supervision and direction of the13
deputy secretary for health and hospitals services.14
(3) The deputy secretary for health and hospitals services shall be an ex15
officio member of each board and commission in the Department of Health and16
Hospitals and Children and Family Services which is related to the functions of17
health and hospitals services. However, the deputy secretary may appoint a designee18
to be his representative as an ex officio member of each board and commission19
which is related to the functions of health and hospitals services.20
(4) The deputy secretary for health and hospitals services shall serve as21
acting secretary in the absence of the secretary over all functions of the department22
related to health and hospitals services.23
(5) The deputy secretary for health and hospitals services shall employ,24
appoint, remove, assign, and promote such personnel as is necessary for the efficient25
administration of health and hospitals services and for the performance of the26
powers, duties, functions, and responsibilities of health and hospitals services,27
including any agencies transferred to the department which are related to the28
functions of health and hospitals services, except as otherwise provided by this Title.29 HLS 14RS-2654 REENGROSSED
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The deputy secretary for health and hospitals services shall be solely responsible for1
employment, assignment, and removal of all personnel employed for health and2
hospitals services on a contractual basis. The deputy secretary for health and3
hospitals services shall be solely responsible for the transfer of all personnel within4
health and hospitals services, and no personnel shall be transferred to or from health5
and hospitals services to any other office of the department without his prior6
approval.7
(6) The deputy secretary for health and hospitals services shall:8
(a) Conduct such studies and investigations as are necessary for the9
formulation of programs, plans, department procedures, rules and regulations, or for10
the implementation of remedial actions.11
(b) Act as legal custodian of any child placed with the health and hospitals12
services by a court of law.13
(c) Grant rights-of-way, servitudes, and easements across state-owned lands14
under his jurisdiction to other public bodies, either state or local, for any public15
purpose. He shall also have authority to grant rights-of-way, servitudes, and16
easements across state lands under his jurisdiction to any other person or entity for17
the purpose of laying pipelines, gas lines, water lines and for the transmission of18
electricity for power and light, and also for telephone and telegraph lines, for railroad19
lines or tracks, for road construction, and for drainage purposes, and to enter into the20
necessary contracts therefor, which shall provide for the payment of an adequate21
consideration. Such payment, in order to be considered as adequate consideration,22
shall be based on payments made for other comparable contracts in the vicinity,23
when available, providing compensation for rights-of-way, servitudes, easements,24
and for damages relative thereto.25
(d) Adopt and promulgate rules and regulations providing for certification26
of laboratories providing chemical analysis, analytical results, or other appropriate27
test data to health and hospitals services which is required as a part of any permit28
application, required by order of health and hospitals services or any office or agency29 HLS 14RS-2654 REENGROSSED
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in health and hospitals services, required to be included on any monitoring reports1
submitted to health and hospitals services or any such office or agency, or otherwise2
required by the regulations adopted pursuant to state or federal laws. The regulations3
shall provide for appropriate fees to be charged to develop and operate the laboratory4
certification program.5
(e) Assign the function of diagnosis and case management of alcohol or drug6
abusers, persons with intellectual disabilities, and persons with autism to the7
appropriate office of health and hospitals services or the appropriate level of8
government.9
(f) In accordance with the Administrative Procedure Act, make, alter,10
amend, and promulgate rules and regulations necessary for the administration of the11
functions of the health and hospitals services.12
(g) Do such other things, not inconsistent with law, as are necessary to13
properly perform the functions vested in him.14
(h) Conduct hearings and pass upon complaints that may be made in relation15
to the administration of health and hospitals services; however, he may delegate this16
authority to one of the offices or agencies of health and hospitals services.17
(i) Perform the functions of the state relating to all of the following:18
(i) Licensing of health related professionals.19
(ii) Licensing of health facilities, including hospitals and nursing homes.20
(iii) Licensing of institutions for persons with intellectual disabilities.21
(iv) Licensing of systems of distribution for controlled dangerous substances.22
(v) Licensing of child care institutions funded under Title XIX of the Social23
Security Act.24
(vi) Any required certification for Medicare or Medicaid funding.25
(vii) Certification of emergency medical services.26
(viii) Provision of adult protective services to adults with disabilities in27
accordance with R.S. 15:1501 et seq.28 HLS 14RS-2654 REENGROSSED
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(j) Direct and be responsible for grants management, staff development, and1
policy planning and evaluation for health and hospitals services and all of its offices,2
including all agencies related to the functions of health and hospitals services that are3
transferred to the Department of Health and Hospitals and Children and Family4
Services.5
(k)(i) Provide targeted health care programs in priority health care zones6
upon one hundred percent federal funding for such purpose. Such targeted programs7
shall:8
(aa) Be intended to lower infant mortality, teenage pregnancy, and substance9
abuse.10
(bb) Be of the type determined by the deputy secretary.11
(cc) Be in addition to programs already in existence or any programs that12
may have been implemented in these areas by health and hospitals services under13
normal circumstances.14
(ii) "Priority health care zone" means any parish or municipality listed as one15
of the ten parishes or twenty-five municipalities with the highest rates of infant16
mortality, teenage pregnancy, or substance abuse in Louisiana as of July first of any17
given year according to statistics compiled by health and hospitals services.18
(iii) The deputy secretary shall submit annually, to the health and welfare19
committees of the House of Representatives and Senate, a report detailing actions20
taken by health and hospitals services in compliance with this Subparagraph.21
(l)(i) Develop and implement targeted programs, if and when federal funds22
become available, to enhance basic care facilities as defined in R.S. 40:2175 and23
comprehensive regional treatment centers that may exist and be located in the ten24
most populated municipalities in the state, excepting the city of New Orleans.25
(ii) These targeted programs should be of the type developed by the deputy26
secretary and be intended to enhance the available and accessible health care of the27
citizens of the more rural areas of the state.28 HLS 14RS-2654 REENGROSSED
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(m) Determine how funding for residency positions, residency supervision,1
and other medical education resources shall be allocated among institutions which2
provide medical education at hospitals in the health care services division of the3
Louisiana State University Health Sciences Center, including the Medical Center of4
Louisiana at New Orleans, to ensure that there is an equitable distribution among5
medical education programs providing services in public institutions. In making6
such determinations, the deputy secretary shall consider advice provided by the7
Medical Education Commission, the historical distribution of graduate medical8
education resources, the long-term effects of the allocation of medical education9
resources to each program, and the clinical workload of each program.10
C.(1)(a)(i) The deputy secretary for health and hospitals services shall direct11
and be responsible for the Medical Assistance Program, Title XIX of the Social12
Security Act, including eligibility determination and those health planning and13
resource development functions as are permissible under provisions of Title XIX of14
the Social Security Act, Title XXI of the Social Security Act, and R.S. 46:976. Any15
modification to the Medical Assistance Program approved by waiver by the United16
States Department of Health and Human Services, Health Care Financing17
Administration, that provides for a managed care or voucher system shall be18
implemented by the deputy secretary for health and hospitals services but only after19
the approved plan and any modifications thereto have been approved by the House20
and Senate committees on health and welfare and the Joint Legislative Committee21
on the Budget. Unless approved by such committees as provided in this22
Subparagraph, modifications to the medical assistance program as provided herein23
shall not be considered avoidance of a budget deficit in the case of medical24
assistance programs, shall not be considered a means of securing new or enhanced25
federal funding in medical assistance programs, and shall not be considered26
necessary to avoid imminent peril to the public health, safety, or welfare; such27
modification shall not be promulgated as emergency rules under the provisions of28
R.S. 49:953(B) unless approved by such committees.29 HLS 14RS-2654 REENGROSSED
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(ii) Any state Medicaid plan amendment shall provide assurances that for the1
provisions of the plan being amended, the state's payment rates for hospital, nursing2
facility, and institutional services shall be reasonable and adequate to meet the costs3
that must be incurred by efficiently and economically operated facilities, and any4
state Medicaid plan amendment shall comply with Section 1902(a)(13)(A) of the5
Social Security Act, known as the Boren amendment. The requirements of this Item6
shall not apply to state Medicaid plan amendments to implement a waiver approved7
by both houses of the legislature in accordance with Item (i) of this Subparagraph.8
(b) The deputy secretary for health and hospitals services is authorized to9
enter into interagency agreements for the performance of eligibility determination10
services to determine client eligibility for the Medical Assistance Program.11
(2) Except as otherwise limited by a specific provision of law, the deputy12
secretary for health and hospitals services is authorized to perform all of the13
following relative to or concerning the Medical Assistance Program:14
(a) Adopt and promulgate rules and regulations related to the program in15
accordance with the Administrative Procedure Act.16
(b) Develop and implement criteria, policies, and procedures concerning the17
program.18
(c) Investigate, audit, and impose sanctions and other remedial measures on19
health care providers and others concerning the program.20
(d) File suit on behalf of the Medical Assistance Program and select legal21
counsel employed by health and hospitals services and other counsel as permitted by22
law to represent the deputy secretary for health and hospitals services and the23
Medical Assistance Program in any such actions.24
(3) The deputy secretary for health and hospitals services may adopt rules25
and regulations for health care providers, in accordance with the Administrative26
Procedure Act and not inconsistent with state or federal law, governing their27
participation in the Medical Assistance Program. Such rules and regulations may28
include but shall not be limited to the following:29 HLS 14RS-2654 REENGROSSED
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(a) The requirement that any health care provider who wishes to participate1
in the state Medical Assistance Program shall:2
(i) Enter into an agreement with the deputy secretary for health and hospitals3
services prior to receipt of any payment or reimbursement for services rendered to4
persons eligible for the Medical Assistance Program.5
(ii) Provide specified information and provide authorization for the deputy6
secretary for health and hospitals services to verify such information prior to entering7
into the agreement with the deputy secretary for health and hospitals services.8
(iii) Provide a letter of credit, surety bond, or a combination thereof, not to9
exceed fifty thousand dollars.10
(b) General terms and conditions to which any provider shall agree in order11
to enter into a health care provider agreement with the deputy secretary for health12
and hospitals services.13
(c) Terms and conditions for the suspension, denial, or revocation of a health14
care provider agreement.15
(d) Sanctions for violations of federal and state laws and rules applicable to16
the Medical Assistance Program.17
D.(1) The deputy secretary for children and family services shall serve as the18
chief administrative officer of children and family services and shall have19
responsibility for the overall administration, control, and operation of the affairs of20
children and family services. The deputy secretary for children and family services21
shall exercise all powers and authority granted to him by law subject to the overall22
direction and control of the governor and he shall report directly to the governor.23
The duties and functions of the deputy secretary for children and family services24
shall be as provided by law and shall not be subject to change by the department25
secretary.26
(2) Children and family services and all of its component entities as provided27
in R.S. 36:251(C)(1)(c) shall be under the supervision and direction of the deputy28
secretary for children and family services.29 HLS 14RS-2654 REENGROSSED
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(3) The deputy secretary for children and family services shall be an ex1
officio member of each board and commission in the Department of Health and2
Hospitals and Children and Family Services which is related to the functions of3
children and family services. However, the deputy secretary may appoint a designee4
to be his representative as an ex officio member of each board and commission5
which is related to the functions of children and family services.6
(4) The deputy secretary for children and family services shall serve as7
acting secretary in the absence of the secretary over all functions of the department8
related to children and family services.9
(5) The deputy secretary for children and family services shall employ,10
appoint, remove, assign, and promote such personnel as is necessary for the efficient11
administration of children and family services and for the performance of the12
powers, duties, functions, and responsibilities of children and family services,13
including any agencies transferred to the department which are related to the14
functions of children and family services, except as otherwise provided by this Title.15
The deputy secretary for children and family services shall be solely responsible for16
employment, assignment, and removal of all personnel employed for children and17
family services on a contractual basis. The deputy secretary for children and family18
services shall be solely responsible for the transfer of all personnel within children19
and family services, and no personnel shall be transferred to or from children and20
family services to any other office of the department without his prior approval.21
(6) The deputy secretary for children and family services shall:22
(a) Conduct such studies and investigations as are necessary for the23
formulation of programs, plans, department procedures, rules and regulations, or for24
the implementation of remedial actions.25
(b) Act as legal custodian of any child placed with the children and family26
services by a court of law.27
(c) Grant rights-of-way, servitudes, and easements across state-owned lands28
under his jurisdiction to other public bodies, either state or local, for any public29 HLS 14RS-2654 REENGROSSED
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purpose. He shall also have authority to grant rights-of-way, servitudes, and1
easements across state lands under his jurisdiction to any other person or entity for2
the purpose of laying pipelines, gas lines, water lines and for the transmission of3
electricity for power and light, and also for telephone and telegraph lines, for railroad4
lines or tracks, for road construction, and for drainage purposes, and to enter into the5
necessary contracts therefor, which shall provide for the payment of an adequate6
consideration. Such payment, in order to be considered as adequate consideration,7
shall be based on payments made for other comparable contracts in the vicinity,8
when available, providing compensation for rights-of-way, servitudes, easements,9
and for damages relative thereto.10
(d) 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 children and family services.13
(e) Be responsible for management and program analysis and policy14
planning and evaluation for the department and all of its offices, including all15
agencies transferred to the department.16
(f)(i) Prepare and submit a state plan for participation in the Child Care and17
Development Block Grant Program and in the Title IV-A federal program to assist18
families at risk of welfare dependency. The Joint Committee on Health and Welfare19
shall serve as an advisory committee to the deputy secretary to begin developing the20
state plan. This Subparagraph shall be subject to provisions of Item (ii) of this21
Subparagraph.22
(ii)(aa) Not later than March 31, 1996, the secretary of the Department of23
Health and Hospitals shall submit to the legislature a proposal for another welfare24
reform program in this state. The program shall provide for a replacement, by July25
1, 1999, of the public assistance program, the Aid to Families with Dependent26
Children program, and to the extent that recipients of food coupons under the food27
stamp program also receive Aid to Families with Dependent Children or public28
assistance, the food stamp program under 7 U.S.C. 2011 to 2029. The program shall29 HLS 14RS-2654 REENGROSSED
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provide for the continuation of the food stamp program for food stamp recipients1
who are not recipients of Aid to Families with Dependent Children or public2
assistance. The program shall also meet the following requirements:3
I. The program shall offer basic income support to low-income persons who4
cannot work.5
II. The program shall offer employment opportunities to low-income persons6
who can work, but who cannot find employment. These employment opportunities7
may not supplant existing employees.8
III. The program shall be approved by a majority of both houses of the9
legislature.10
(bb) Notwithstanding any provision of law to the contrary, the department11
and the state shall not administer public assistance, Aid to Families with Dependent12
Children, or food stamps after July 1, 1999, except as provided under a welfare13
reform program adopted by the legislature as provided in this Subsection, provided14
such a program is adopted by the legislature.15
(g) Do such other things, not inconsistent with law, as are necessary to16
properly perform the functions vested in him.17
(7) The deputy secretary shall have no power to buy and sell lands, incur18
debt or issue bonds, or to lease or mortgage property under his control except as may19
be provided by the general laws of the state or as hereafter specifically conferred by20
law upon him.21
(8)(a) There shall be an assistant deputy secretary of programs and an22
assistant deputy secretary of operations of children and family services, each of23
whom shall be appointed by the deputy secretary of children and family services24
with consent of the Senate and shall serve at the pleasure of the deputy secretary of25
children and family services at a salary fixed by the deputy secretary of children and26
family services, which salary shall not exceed the amount approved for the27
respective position by the legislature while in session. The assistant deputy secretary28 HLS 14RS-2654 REENGROSSED
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of programs shall serve as acting deputy secretary of children and family services in1
the absence of the deputy secretary of children and family services.2
(b) The assistant deputy secretary of programs shall manage the division of3
programs and perform the duties and functions of children and family services4
related to program development and administration and development of rules and5
policies to govern the various programs of the office of children and family services.6
(c) The assistant deputy secretary of operations shall manage the division of7
operations and perform the duties and functions of children and family services8
related to program service delivery for the various programs of children and family9
services.10
§256. Undersecretary; functions; office of management and finance for health and11
hospitals services; division of management and finance of office of children12
and family services13
A.(1) There shall be an undersecretary of the Department of Health and14
Hospitals health and hospitals services, who shall be appointed by the governor with15
the consent of the Senate and who shall serve at the pleasure of the governor at a16
salary fixed by the governor, which salary shall not exceed the amount approved for17
such position by the legislature while in session. The undersecretary shall be directly18
responsible to the deputy secretary for health and hospitals services and shall19
perform his functions under the supervision and control of the deputy secretary for20
health and hospitals services.21
B. (2) The undersecretary of health and hospitals services shall direct and be22
responsible for the functions of the office of management and finance within the23
Department of Health and Hospitals health and hospitals services. In such capacity,24
he shall be responsible for accounting and budget control, procurement and contract25
management, data processing, personnel management, and facility construction and26
consulting services, for the department and all of its offices, including all agencies27
transferred to the Department of Health and Hospitals, health and hospitals services,28
including all agencies in health and hospitals services, except as otherwise provided29 HLS 14RS-2654 REENGROSSED
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in this Title. He shall employ, appoint, remove, assign, and promote such personnel1
as is necessary for the efficient administration of the office of management and2
finance and the performance of its powers, duties, functions, and responsibilities, in3
accordance with applicable civil service laws, rules, and regulations, and with4
policies and rules of the department health and hospitals services, all subject to5
budgetary control and applicable laws. The undersecretary shall exercise all powers6
and authority granted to him in this Title subject to the overall direction and control7
of the deputy secretary for health and hospitals services.8
C. (3) The duties and functions of the office of management and finance of9
health and hospitals services and of the undersecretary of health and hospitals10
services shall be as provided in this Section Subsection and these duties and11
functions shall not be subject to change by the secretary or the deputy secretary for12
health and hospitals services, except that the undersecretary shall perform such13
additional duties and functions as are assigned by the secretary or the deputy14
secretary for health and hospitals services.15
B.(1) There shall be an undersecretary of children and family services, who16
shall be appointed by the governor with the consent of the Senate and who shall17
serve at the pleasure of the governor at a salary fixed by the governor, which salary18
shall not exceed the amount approved for such position by the legislature while in19
session. The undersecretary shall be directly responsible to the deputy secretary for20
children and family services and shall perform his functions under the supervision21
and control of the deputy secretary for children and family services.22
(2) The undersecretary shall direct and be responsible for the functions of the23
division of management and finance, within the office of children and family24
services within children and family services of the Department of Health and25
Hospitals and Children and Family Services. In such capacity, he shall be26
responsible for accounting and budget control, procurement and contract27
management, data processing, personnel management, grants management, and28
facility construction and consulting services for children and family services and all29 HLS 14RS-2654 REENGROSSED
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of its component entities as provided in R.S. 36:251(C)(1)(c), except as otherwise1
specifically provided in this Title. The undersecretary shall exercise all powers and2
authority granted to him in this Title subject to the overall direction and control of3
the deputy secretary for children and family services.4
(3) The duties and functions of the division of management and finance,5
within the office of children and family services and of the undersecretary shall be6
as provided in this Subsection, and these duties and functions shall not be subject to7
change by the secretary nor the deputy secretary for children and family services,8
except that the undersecretary shall perform such additional duties and functions as9
are assigned by the secretary or the deputy secretary for children and family services.10
§257. Assistant secretaries 11
A. Each office within the Department of Health and Hospitals and Children12
and Family Services, except the office of management and finance and the office of13
children and family services, shall be under the immediate supervision and direction14
of an assistant secretary, who shall be appointed by the governor with consent of the15
Senate. Each shall serve at the pleasure of the governor and shall be paid a salary16
which shall be fixed by the governor, which salary shall not exceed the amount17
approved for such position by the legislature while in session. 18
B. Except as otherwise expressly provided in this Title, the duties and19
functions of each office and its assistant secretary shall be determined by the20
appropriate deputy secretary, and all of such duties and functions shall be exercised21
under the direct supervision and control of the deputy secretary. 22
C. Except as otherwise provided in R.S. 36:801, each assistant secretary shall23
employ, appoint, remove, assign, and promote such personnel as is necessary for the24
efficient administration of his office and its programs and the performance of its25
powers, duties, functions, and responsibilities, in accordance with applicable civil26
service laws, rules, and regulations, and with policies and rules of the department,27
all subject to budgetary control and applicable laws. 28 HLS 14RS-2654 REENGROSSED
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D. Each assistant secretary shall exercise all powers and authority granted1
to him in this Title subject to the overall direction and control of the appropriate2
deputy secretary. 3
§258. Offices; purposes and functions4
A. The purposes for which the offices of the Department of Health and5
Hospitals and Children and Family Services are created shall be set forth in this6
Section.7
* * *8
F. The office of aging and adult services shall be responsible for the9
programs and functions of the Department of Health and Hospitals and Children and10
Family Services related to the long-term care of the elderly and the protection and11
long-term care of persons with adult onset disabilities. It shall administer the12
residential state-operated nursing homes, the Villa Feliciana Medical Complex, the13
protection services program of adults from ages eighteen to fifty-nine, the14
department's long-term support and services programs, the State Personal Assistance15
Services program, the Community and Family Support Program, the Traumatic Head16
and Spinal Cord Injury Trust Fund, as well as other related programs within the17
department. The office shall have no responsibility or authority for any programs18
or functions assigned by the Louisiana Revised Statutes of 1950 to the Department19
of Elderly Affairs.20
* * *21
M.(1) The office of children and family services shall be under the22
immediate supervision and direction of the deputy secretary for children and family23
services.24
(2) The office of children and family services shall perform the services of25
the state relating to public assistance programs to provide aid to dependent children26
and to adults, who due to age, disability, or infirmity, are unable to adequately meet27
their basic needs. It shall also administer the food stamp program, child support28
programs, establishment of paternity programs, disaster relief grant programs for29 HLS 14RS-2654 REENGROSSED
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individuals and families, and such other programs as assigned by the secretary. It1
shall also conduct disability and other client eligibility determinations, and may2
conduct medical assistance client eligibility determinations. The office is authorized3
to enter into interagency agreements with other state agencies to conduct eligibility4
determinations. The office shall provide for the public child welfare functions of the5
state including but not limited to prevention services which promote, facilitate, and6
support activities to prevent child abuse and neglect; child protective services;7
voluntary family strengthening and support services; making permanent plans for8
foster children and meeting their daily maintenance needs of food, shelter, clothing,9
necessary physical medical services, school supplies, and incidental personal needs;10
and adoption placement services for foster children freed for adoption. It shall also11
perform the functions of the state relating to the licensing of child care facilities that12
do not receive federal funds under Title XIX of the Social Security Act and day care13
centers and agencies. The office shall issue and monitor domestic violence services14
contracts.15
(3) After July 1, 1999, the office shall not provide for the administration of16
any programs related to Aid to Families with Dependent Children, public assistance,17
or the food stamp program except as provided under the welfare reform program18
required in R.S. 36:254(D)(6)(f) if such program is adopted by the legislature.19
§259. Transfer of agencies and functions to Department of Health and Hospitals and20
Children and Family Services21
B. The Health Education Authority of Louisiana (R.S. 17:3051 et seq.) is22
transferred to and hereafter shall be within the Department of Health and Hospitals23
and Children and Family Services, as provided in R.S. 36:804.24
C. The following agencies, as defined by R.S. 36:3, are transferred to and25
hereafter shall be within the Department of Health and Hospitals and Children and26
Family Services, as provided in Part II of Chapter 22 of this Title:27
(1) Greenwell Springs Hospital (Greenwell Springs)28
(9) Southeast Louisiana State Hospital (Mandeville)29 HLS 14RS-2654 REENGROSSED
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(10) East Louisiana State Hospital (Jackson)1
(11) Jonesboro Charity Hospital (Jonesboro)2
(12) Central Louisiana State Hospital (Pineville)3
(13) Pinecrest Supports and Services Center (R.S. 28:22.8(A)(3); R.S.4
28:451.4)5
(14) North Lake Supports and Services Center (R.S. 28:22.8(A)(9); R.S.6
28:451.4)7
(16) The mental health facilities located in New Orleans, Baton Rouge,8
Shreveport, Monroe, Lake Charles, Alexandria, Lafayette, Metairie, Hammond,9
Natchitoches, Ruston, Chalmette, Houma, Harvey, Marksville, Bogalusa, Pineville,10
Many, New Roads, Covington, Crowley, Donaldsonville, Plaquemine, Raceland,11
Leesville, Norco, Mandeville, Ville Platte, Patterson, Tallulah, Columbia, Oakdale,12
and any other state owned or operated facilities as may be hereinafter established13
(R.S. 28:22.4-22.5)14
(21) Northwest Supports and Services Center (R.S. 28:22.8(A)(6); R.S.15
28:451.4)16
(23) Villa Feliciana Medical Complex (R.S. 28:22.7; R.S. 40:2002.4; R.S.17
40:2142).18
D. The following agencies, as defined in R.S. 36:3, are placed within the19
Department of Health and Hospitals and Children and Family Services and shall20
perform and exercise their powers, duties, functions, and responsibilities as21
otherwise provided by law:22
(1) Louisiana state office of rural health (R.S. 40:2195.1)23
(3) Louisiana State Child Death Review Panel (R.S. 40:2019)24
(4) Marriage and Family Therapy Advisory Committee (R.S. 37:1104)25
(Established by the Louisiana Licensed Professional Counselors Board of26
Examiners).27
(5) Nursing Home Emergency Preparedness Review Committee (R.S.28
40:2009.25)29 HLS 14RS-2654 REENGROSSED
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(6) Advisory Committee on Polysomnography (R.S. 37:2861 et seq.)1
(7) Louisiana Birth Defects Surveillance System Advisory Board (R.S.2
40:31.41 et seq.)3
(8) Prescription Monitoring Program Advisory Council (R.S. 40:1001 et4
seq.)5
(9) Health Data Panel (R.S. 40:1300.111 et seq.)6
(10) The Louisiana Standards for Water Works Construction, Operation, and7
Maintenance Committee (R.S. 40:4.13).8
E. The following agencies, as defined in R.S. 36:3, are transferred to and9
hereafter shall be within the Department of Health and Hospitals and Children and10
Family Services, as provided in R.S. 36:803:11
(1) Louisiana State Board of Nursing (R.S. 37:911 et seq.)12
(2) Louisiana State Board of Dentistry (R.S. 37:751 et seq.)13
(3) Louisiana State Board of Social Work Examiners (R.S. 37:2701 et seq.)14
(4) Louisiana State Board of Optometry Examiners (R.S. 37:1041 et seq.)15
(5) Louisiana State Board of Examiners for Sanitarians (R.S. 37:2101 et16
seq.)17
(6) Louisiana State Board of Practical Nurse Examiners (R.S. 37:961 et seq.)18
(7) Louisiana Board of Chiropractic Examiners (R.S. 37:2801 et seq.)19
(8) Louisiana State Board of Medical Examiners (R.S. 12:914; R.S. 37:61120
et seq.; R.S. 37:1261 et seq.)21
(9) Louisiana State Board of Embalmers and Funeral Directors (R.S. 37:83122
et seq.)23
(10) State Board of Examiners of Psychologists (R.S. 37:2351 et seq.)24
(11) Louisiana Board of Examiners for Speech-Language Pathology and25
Audiology (R.S. 37:2650 et seq.)26
(12) Louisiana Board of Veterinary Medicine (R.S. 37:1511 et seq.)27
(13) Board of Examiners for Nursing Facility Administrators (R.S. 37:250128
et seq.)29 HLS 14RS-2654 REENGROSSED
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(14) Louisiana Board of Pharmacy (R.S. 37:1161 et seq.; R.S. 51:521 et seq.)1
(16) Louisiana Board for Hearing Aid Dealers (R.S. 37:2441 et seq.)2
(17) Radiologic Technology Board of Examiners (R.S. 37:3200 et seq.)3
(20) Louisiana Physical Therapy Board (R.S. 37:2401 et seq.)4
(21) The Louisiana Licensed Professional Vocational Rehabilitation5
Counselors Board of Examiners (R.S. 37:3441 et seq.)6
(23) The Addictive Disorder Regulatory Authority (R.S. 37:3389).7
(25) Louisiana Behavior Analyst Board (R.S. 37:3701 et seq.)8
F. The following agencies, as defined in R.S. 36:3, previously abolished by9
the Executive Reorganization Act, and their powers, duties, functions, and10
responsibilities are transferred to the secretary of the Department of Health and11
Hospitals and Children and Family Services and shall be exercised and performed12
as provided in Part IV of Chapter 22 of this Title:13
(1) Louisiana Health and Human Resources Administration (R.S. 46:1751-14
46:1767, and generally, Chapters 1 and 11 of Title 40 and all of Title 46 of the15
Louisiana Revised Statutes of 1950, except R.S. 46:1601-46:1608) to the extent that16
the cited provisions provide with respect to agencies or functions placed in or17
transferred to the Department of Health and Hospitals and Children and Family18
Services.19
(9) Louisiana State Board of Health and the Louisiana Department of Health20
and all its subsidiary boards. (Such provisions of Title 40 of the Louisiana Revised21
Statutes of 1950 as are applicable to the abolished board and department)22
(10) Louisiana Narcotics Rehabilitation Commission (R.S. 40:1051 et seq.)23
(16) Anatomical Board (R.S. 17:2271 et seq.)24
(18) Board of Commissioners of the South Louisiana Health Services25
District (R.S. 28:241 et seq.)26
(20) Nursing Home Advisory Committee (R.S. 40:2009.1)27
(21) Hospital Licensing Council (R.S. 40:2108)28 HLS 14RS-2654 REENGROSSED
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G. The State Board of Electrolysis Examiners (R.S. 37:3051 et seq.) is1
placed within the Department of Health and Hospitals and Children and Family2
Services and shall exercise and perform its powers, duties, functions, and3
responsibilities in the manner provided for agencies transferred in accordance with4
the provisions of R.S. 36:803.5
H. The Governor's Council on Physical Fitness and Sports (R.S. 40:2451 et6
seq.) is placed within the Department of Health and Hospitals and Children and7
Family Services and shall exercise and perform its powers, duties, functions, and8
responsibilities in the manner provided for agencies transferred in accordance with9
the provisions of R.S. 36:802.10
I. The following agencies, as defined in R.S. 36:3, are placed within the11
Department of Health and Hospitals and Children and Family Services and shall12
exercise and perform their powers, duties, functions, and responsibilities in the13
manner provided for agencies transferred in accordance with the provisions of R.S.14
36:802:15
(3) Commission on Perinatal Care and Prevention of Infant Mortality (R.S.16
40:2018)17
(5) Water Supply and Sewerage Systems Certification Committee (R.S.18
40:1141 et seq.)19
J.(1) The Louisiana Emergency Response Network Board (R.S. 40:2841 et20
seq.) is placed within the Department of Health and Hospitals and Children and21
Family Services and shall exercise and perform its powers, duties, functions, and22
responsibilities in the manner provided for agencies transferred in accordance with23
R.S. 36:801.1.24
(2) The Louisiana Emergency Response Network Board shall be a separate25
budget unit within the Department of Health and Hospitals and Children and Family26
Services.27
K. The Medicaid Pharmaceutical and Therapeutics Committee (R.S.28
46:153.3) is placed within the Department of Health and Hospitals and Children and29 HLS 14RS-2654 REENGROSSED
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Family Services and shall perform and exercise its powers, duties, functions, and1
responsibilities as provided by law.2
L.(1) The Louisiana Developmental Disabilities Council (R.S. 28:750 et3
seq.) is placed within the Department of Health and Hospitals and Children and4
Family Services and shall exercise and perform its powers, duties, functions, and5
responsibilities in the manner provided for agencies transferred in accordance with6
the provisions of R.S. 36:801.1. The council shall have full appointing authority for7
all personnel purposes.8
(2) The regional and state advisory councils for the community and family9
support system (R.S. 28:824(J)) are placed within the Department of Health and10
Hospitals and Children and Family Services and shall exercise and perform their11
powers, duties, functions, and responsibilities as provided by or pursuant to law.12
N. The advisory council for the program of early identification of hearing13
impaired infants (R.S. 46:2261 et seq.) is placed within the Department of Health and14
Hospitals and Children and Family Services and shall exercise and perform its15
powers, duties, functions, and responsibilities as provided by or pursuant to law.16
O. The Louisiana Commission on Addictive Disorders (R.S. 46:2500 et seq.)17
is placed within the Department of Health and Hospitals and Children and Family18
Services and shall exercise and perform its powers, duties, functions, and19
responsibilities in the manner provided for agencies transferred in accordance with20
the provisions of R.S. 36:914.21
P. The Physician Assistants Advisory Committee (R.S. 37:1270.1) is placed22
within the Department of Health and Hospitals and Children and Family Services23
and shall exercise and perform its powers, duties, functions, and responsibilities in24
the manner provided for agencies transferred in accordance with the provisions of25
R.S. 36:914.26
Q. The Louisiana State Board of Examiners in Dietetics and Nutrition (R.S.27
37:3081 et seq.) is placed within the Department of Health and Hospitals and28
Children and Family Services and shall exercise and perform its powers, duties,29 HLS 14RS-2654 REENGROSSED
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functions, and responsibilities in the manner provided for agencies transferred in1
accordance with R.S. 36:803.2
S. The Louisiana Commission for the Deaf (R.S. 46:2351 et seq.) is hereby3
placed within the Department of Health and Hospitals and Children and Family4
Services and shall perform and exercise its powers, duties, functions, and5
responsibilities as provided for agencies transferred as provided in R.S. 36:802.6
T. The Traumatic Head and Spinal Cord Injury Trust Fund Advisory Board7
(R.S. 46:2631 et seq.) is hereby placed within the Department of Health and8
Hospitals and Children and Family Services and shall exercise and perform its9
powers, duties, functions, and responsibilities in the manner provided for agencies10
transferred in accordance with the provisions of R.S. 36:901 et seq.11
U. The Louisiana Access to Better Care Medicaid Insurance Demonstration12
Project Oversight Board (R.S. 46:160.1 et seq.) is placed within the Department of13
Health and Hospitals and Children and Family Services and shall exercise and14
perform its powers, duties, functions, and responsibilities in the manner provided for15
agencies transferred in accordance with the provisions of Part III of Chapter 22 of16
this Title.17
W. The Louisiana Board of Wholesale Drug Distributors (R.S. 37:3461 et18
seq.) shall be placed within the Department of Health and Hospitals and Children and19
Family Services and shall exercise and perform its powers, duties, functions, and20
responsibilities in the manner provided for agencies transferred in accordance with21
the provisions of R.S. 36:803.22
X. The Advisory Committee on Hospice Care (R.S. 40:2190 et seq.) is23
placed within the Department of Health and Hospitals and Children and Family24
Services and shall exercise and perform its powers, duties, functions, and25
responsibilities in the manner provided for agencies transferred as provided in Part26
III of Chapter 22 of this Title.27
BB. The following agencies, as defined in R.S. 36:3, are placed within the28
Department of Health and Hospitals and Children and Family Services and shall29 HLS 14RS-2654 REENGROSSED
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perform and exercise their powers, duties, functions, and responsibilities in the1
manner provided for agencies transferred in accordance with the provisions of R.S.2
36:914:3
(1) Respiratory Care Advisory Committee (R.S. 37:3356 et seq.)4
(2) The Louisiana Advisory Committee on Populations and Geographic5
Regions With Excessive Cancer Rates (R.S. 40:1299.90.1).6
(3) The Fluoridation Advisory Board (R.S. 40:5.11(C)-(F)).7
CC. The Louisiana Board of Massage Therapy (R.S. 37:3551 et seq.) is8
placed within the Department of Health and Hospitals and Children and Family9
Services and shall exercise and perform its powers, duties, functions, and10
responsibilities in the manner provided for agencies transferred in accordance with11
R.S. 36:803.12
DD. The Clinical Laboratory Personnel Committee (R.S. 37:1311, et seq.)13
is placed within the Department of Health and Hospitals and Children and Family14
Services under the jurisdiction of the Louisiana State Board of Medical Examiners15
and shall perform and exercise its powers, duties, functions, and responsibilities in16
the manner provided for agencies transferred in accordance with R.S. 36:919.2.17
EE. The Louisiana Licensed Professional Counselors Board of Examiners,18
R.S. 37:1101 et seq., is hereby placed within the Department of Health and Hospitals19
and Children and Family Services and shall perform and exercise its powers, duties,20
functions, and responsibilities in the manner provided for agencies transferred in21
accordance with the provisions of R.S. 36:803.22
FF. The Medical Education Commission (R.S. 17:1519.8) is placed within23
the Department of Health and Hospitals and Children and Family Services and shall24
exercise and perform its powers, duties, functions, and responsibilities in the manner25
provided for agencies transferred in accordance with the provisions of Part III of26
Chapter 22 of this Title.27
GG. The Louisiana Emergency Medical Services Certification Commission28
(R.S. 40:1231 et seq.) is placed within the Department of Health and Hospitals and29 HLS 14RS-2654 REENGROSSED
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Children and Family Services and shall perform and exercise its powers, duties,1
functions, and responsibilities in the manner provided for agencies transferred in2
accordance with R.S. 36:919.4.3
MM. The Louisiana Medical Disclosure Panel (R.S. 40:1299.39.6) is placed4
within the Department of Health and Hospitals and Children and Family Services5
and shall exercise and perform its powers, duties, functions, and responsibilities in6
the manner provided for agencies transferred in accordance with the provisions of7
R.S. 36:802.8
NN. The Louisiana Sickle Cell Commission (R.S. 40:2018.3) is placed9
within the Department of Health and Hospitals and Children and Family Services10
and shall exercise and perform its powers, duties, functions, and responsibilities as11
provided by or pursuant to law.12
OO. The Louisiana Children's Trust Fund Board (R.S. 46:2401 et seq.) is13
placed within the Department of Health and Hospitals and Children and Family14
Services and shall exercise and perform its powers, duties, functions, and15
responsibilities in the manner provided by the provisions of R.S. 36:802.9.16
PP. The following agencies, as defined in R.S. 36:3, previously abolished by17
the Executive Reorganization Act and their powers, duties, functions, and18
responsibilities are transferred to the secretary of the Department of Health and19
Hospitals and Children and Family Services and shall be exercised and performed20
as provided in Part IV of Chapter 22 of this Title:21
(1) Louisiana Health and Human Resources Administration (Generally22
Chapters 1 and 11 of Title 40 and all of Title 46 of the Louisiana Revised Statutes23
of 1950, except R.S. 46:1601-1608) to the extent that the cited provisions provide24
with respect to agencies or functions placed in or transferred to the Department of25
Children and Family Services.26
(2) State Youth Planning Advisory Commission (Act 430 of the 197527
Regular Session of the Legislature).28 HLS 14RS-2654 REENGROSSED
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(3) State Department of Public Welfare (Such provisions of Title 46 of the1
Louisiana Revised Statutes of 1950 as apply to the abolished department).2
(4) State Board of Public Welfare (Such provisions of Title 46 of the3
Louisiana Revised Statutes of 1950 as apply to the abolished board).4
QQ. The Child Poverty Prevention Council for Louisiana (R.S. 46:2801-5
2802) is transferred to and hereafter placed within the Department of Health and6
Hospitals and Children and Family Services and shall exercise and perform its7
powers, duties, functions, and responsibilities in the manner provided for agencies8
transferred in accordance with the provisions of R.S. 36:801.9
RR. The Council on the Status of Grandparents Raising Grandchildren (R.S.10
46:2911 et seq.) is placed within the Department of Health and Hospitals and11
Children and Family Services and shall exercise and perform its powers, duties,12
functions, and responsibilities in the manner provided for agencies transferred in13
accordance with the provisions of R.S. 36:801.14
SS. The Louisiana Advisory Council on Child Care and Early Education is15
placed within the Department of Health and Hospitals and Children and Family16
Services and shall exercise and perform its powers, duties, functions, and17
responsibilities as provided in R.S. 46:1401 et seq., particularly R.S. 46:1414.18
Section 2. R.S. 36:4(A)(10), 254(A)(9) through (14), (B)(5) through (7), and (9), and19
(D), and Chapter 10-A of Title 36 of the Louisiana Revised Statutes of 1950, comprised of20
R.S. 36:471 through 478, are hereby repealed in their entirety.21
Section 3. In accordance with the purposes of the Executive Reorganization Act, it22
is the purpose of this Act to promote economy and efficiency in the operation and23
management of the functions of the state relative to health and social services, to strengthen24
the capacity of the executive branch of state government for effective, efficient, and25
economic administration while also improving the quality of the functions performed and26
the programs and services rendered for the citizens of the state, and to eliminate to the fullest27
practicable extent duplication of effort within the executive branch of state government.28
This Act is intended to serve these purposes by providing for the reorganization and29 HLS 14RS-2654 REENGROSSED
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consolidation of the powers, duties, functions, and responsibilities of state agencies and1
entities relating to health and social services.2
Section 4.(A) On August 1, 2014, the Department of Health and Hospitals and the3
Department of Children and Family Services, hereafter in this Section referred to as the4
"prior departments" or individually as a "prior department", shall be abolished and the5
Department of Health and Hospitals and Children and Family Services, hereafter in this6
Section referred to as the "new department", shall be created. All unfinished business,7
references in laws and documents, employees, property, obligations, and books and records8
of the prior departments shall be transferred as provided in this Section. Upon the abolition9
of the prior departments, any pending or unfinished business of the prior departments shall10
be taken over and be completed by the new department with the same power and11
authorization as that of the prior departments, with business of the Department of Health and12
Hospitals to be taken over and completed by health and hospitals services of the new13
department and business of the Department of Children and Family Services to be taken14
over and completed by children and family services of the new department. The new15
department through health and hospitals services and children and family services shall be16
the successor in every way to the prior departments for the purpose of completing such17
business. Any reference in laws and documents to either of the prior departments shall be18
deemed to apply to the new department and to health and hospitals services or children and19
family services as the case may be. Any legal proceeding to which either of the prior20
departments is a party and which is filed, initiated, or pending before any court on the21
effective date of this Section, and all documents involved in or affected by said legal22
proceeding, shall retain their effectiveness and shall be continued in the name of the new23
department through health and hospitals services or children and family services as the case24
may be. All further legal proceedings and documents in the continuation, disposition, and25
enforcement of such legal proceeding shall be in the name of the new department through26
health and hospitals services or children and family services as the case may be, and the new27
department through health and hospitals services or children and family services as the case28
may be shall be substituted for the prior departments without necessity for amendment of29 HLS 14RS-2654 REENGROSSED
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any document. This Act shall not be construed so as to impair the effectiveness of any rule1
or policy of either of the prior departments and any such rule or policy shall remain effective2
as provided therein or until changed in accordance with law. This Act shall not be construed3
so as to impair the contractual or other obligations of either of the prior departments or of4
the state of Louisiana. All obligations of the prior departments shall be the obligations of5
the new department. The new department through health and hospitals services or children6
and family services as the case may be shall be the successor in every way to the prior7
departments, including all of their obligations and debts. All appropriations, dedications, and8
allocations of revenues and sources of revenues heretofore made to or for either of the prior9
departments shall continue in the same manner, to the same extent, and for the same10
purposes as were provided prior to the enactment of this Act, unless and until other provision11
is made therefor. All books, papers, records, money, actions, and other property of every12
kind, movable and immovable, real and personal, heretofore possessed, controlled, or used13
by either of the prior departments is hereby transferred to the new department through health14
and hospitals services or children and family services as the case may be. All employees15
heretofore engaged in the performance of duties of either of the prior departments, insofar16
as practicable and necessary, are transferred to the new department through health and17
hospitals services or children and family services as the case may be and insofar as18
practicable and necessary shall continue to perform the duties heretofore performed, subject19
to policies and procedures of the new department through health and hospitals services or20
children and family services as the case may be, applicable state civil service laws, rules, and21
regulations, and other applicable laws. Subject to such laws and rules, positions in the22
unclassified service shall remain in the unclassified service.23
(B) When the Department of Health and Hospitals and the Department of Children24
and Family Services are abolished and the Department of Health and Hospitals and Children25
and Family Services is created, the office of public health, the office of behavioral health,26
the office for citizens with developmental disabilities, the office of aging and adult services,27
and the office of children and family services of the prior departments, referred to in this28
Subsection as prior offices, shall be continued as offices of the new department, referred to29 HLS 14RS-2654 REENGROSSED
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in this Subsection as new offices. The office of management and finance for health and1
hospitals services of the new department, referred to in this Subsection as a new office, shall2
be the successor of the office of management and finance of the Department of Health and3
Hospitals, referred to in this Subsection as a prior office. The new offices shall each be the4
successor of the prior office. The new offices shall have the powers, duties, functions, and5
responsibilities as provided in this Act. All unfinished business, references in laws and6
documents, property, and obligations of the prior offices shall be transferred as provided in7
this Subsection. Upon the effective date of this Act, any pending or unfinished business of8
a prior office shall be taken over and be completed by the successor office with the same9
power and authorization as that of the prior office and the new office shall be the successor10
in every way to the prior office for the purpose of completing such business. Any reference11
in laws and documents to any prior office shall be deemed to apply to the new office. Any12
legal proceeding to which a prior office is a party and which is filed, initiated, or pending13
before any court on the effective date of this Act, and all documents involved in or affected14
by said legal proceeding, shall retain their effectiveness and shall be continued in the name15
of the new office. All further legal proceedings and documents in the continuation,16
disposition, and enforcement of such legal proceeding shall be in the name of the new office,17
and the new office shall be substituted for the prior office or offices without necessity for18
amendment of any document. This Act shall not be construed so as to impair the19
effectiveness of any rule or policy of either of the prior offices and any such rule or policy20
shall remain effective as provided therein or until changed in accordance with law. This Act21
shall not be construed so as to impair the contractual or other obligations of a prior office or22
of the state of Louisiana. All obligations of a prior office shall be the obligations of the23
respective successor office. The new office shall be the successor in every way to the prior24
office, including all of its obligations and debts. All dedications and allocations of revenues25
and sources of revenues heretofore made to or for any prior office shall continue in the same26
manner, to the same extent, and for the same purposes as were provided prior to the27
enactment of this Act, unless and until other provision is made therefor.28 HLS 14RS-2654 REENGROSSED
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(C) The deputy secretary of health and hospitals services shall be the successor of1
the secretary of the Department of Health and Hospitals and the deputy secretary for children2
and family services shall be the successor of the secretary of the Department of Children and3
Family Services. Such deputy secretaries are referred to in this Subsection as the new4
officers and such secretaries of the prior departments are referred to in this Subsection as the5
prior officers. The new officers shall each be the successor of the respective prior officer.6
The new officers shall have the powers, duties, functions, and responsibilities as provided7
in this Act. All unfinished business, references in laws and documents, property, and8
obligations of the prior officers shall be transferred as provided in this Subsection. Upon the9
effective date of this Act, any pending or unfinished business of a prior officer shall be taken10
over and be completed by the successor officer with the same power and authorization as11
that of the prior officer and the new officer shall be the successor in every way to the prior12
officer for the purpose of completing such business. Any reference in laws and documents13
to any prior officer shall be deemed to apply to the new officer. Any legal proceeding to14
which a prior officer is a party and which is filed, initiated, or pending before any court on15
the effective date of this Act, and all documents involved in or affected by said legal16
proceeding, shall retain their effectiveness and shall be continued in the name of the new17
officer. All further legal proceedings and documents in the continuation, disposition, and18
enforcement of such legal proceeding shall be in the name of the new officer, and the new19
officer shall be substituted for the prior officer without necessity for amendment of any20
document. 21
(D) This Act shall not be construed or applied in any way which will prevent full22
compliance by the state, or any department, office, or agency thereof, with the requirements23
of any act of the Congress of the United States or any regulation made thereunder by which24
federal aid or other federal assistance has been or hereafter is made available.25
(E) As used in the Louisiana Revised Statutes of 1950 (as amended), the Code of26
Civil Procedure, the Code of Criminal Procedure, the Code of Evidence, and the Children's27
Code, "Department of Health and Hospitals", or "Department of Children and Family28
Services" shall mean the "Department of Health and Hospitals and Children and Family29 HLS 14RS-2654 REENGROSSED
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Services". The Louisiana State Law Institute shall change all references to the Department1
of Health and Hospitals, the Department of Children and Family Services, or to both2
departments that remain in such bodies of law from the Department of Health and Hospitals,3
the Department of Children and Family Services, or both to the Department of Health and4
Hospitals and Children and Family Services, except historic references to such departments5
in provisions having no prospective application.6
(F) The Louisiana State Law Institute shall change references in such provisions to7
the secretary of health and hospitals to the deputy secretary for health and hospitals and8
references in such provisions to the secretary of children and family services to the deputy9
secretary for children and family services and shall make appropriate changes in references10
to other offices and officers of the former departments to the appropriate offices and officers11
of the new department.12
Section 5. This Act has the effect of abolishing one of the twenty departments in the13
executive branch of state government, and pursuant to the provisions of Act No. 384 of the14
2013 Regular Session of the Legislature, Sections 1 through 7 of Act No. 384 of the 201315
Regular Session of the Legislature shall become effective on August 1, 2014.16
Section 6. This Act shall become effective on August 1, 2014.17
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)]
Harrison HB No. 1256
Abstract: Creates the Dept. of Health and Hospitals and Children and Family Services,
abolishes the Dept. of Health and Hospitals (DHH) and the Dept. of Children and
Family Services (DCFS), and provides for health and hospitals services and children
and family services as separate, independent entities in the new department as the
successors of DHH and DCFS respectively.
Present constitution provides that all offices, agencies, and other instrumentalities of the
executive branch of state government and their functions, powers, duties, and responsibilities
shall be allocated according to function within not more than 20 departments. Excepts the
offices of governor and lieutenant governor from such allocation. Provides that such
allocation shall be as provided by law.
Present law provides for the 20 departments and includes within the 20 departments the
Dept. of Health and Hospitals (DHH) and Dept. of Children and Family Services (DCFS).
Present law provides for department structure, including offices and officers and their HLS 14RS-2654 REENGROSSED
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powers and duties. Present law provides for the allocation of agencies and functions of
abolished agencies to the departments.
Proposed law abolishes DHH and DCFS and provides for the Dept. of Health and Hospitals
and Children and Family Services (DHHCFS). Gives the new department the responsibilities
of the two abolished departments. Provides that the department is composed of the
executive office of the secretary, health and hospitals services, children and family services,
and such other offices as shall be created by law.
Proposed law provides that there may be a department secretary who, if appointed, is to be
appointed by the governor with consent of the Senate to serve at the pleasure of the governor
at a salary fixed by the governor, which salary shall not exceed the amount approved for
such position by the legislature while in session. Provides for the secretary's powers and
duties. However, these are limited by grants of authority to the deputy secretaries.
Proposed law provides the same components for health and hospitals services as present law
provides for DHH. Provides that health and hospitals services shall include the office of
management and finance for health and hospitals services, the office of public health, the
office of behavioral health, the office for citizens with developmental disabilities, and the
office of aging and adult services and shall also include the deputy secretary for health and
hospitals services, the undersecretary for the office of management and finance for health
and hospitals services, the assistant secretaries of the offices included in health and hospitals
services, and personnel necessary to carry out their functions, as well as all agencies
transferred to the new department whose functions are related to health and hospitals
services and all functions of abolished agencies transferred to the department that are related
to health and hospitals services and related personnel.
Proposed law provides the same components for children and family services as present law
provides for DCFS. Provides that children and family services shall include the division of
programs, the division of operations, the office of children and family services, the division
of management and finance of the office of children and family services, and shall also
include the deputy secretary for children and family services, the assistant deputy secretary
of programs, the assistant deputy secretary of operations, the assistant secretary of the office
of children and family services, the undersecretary of the division of management and
finance of the office of children and family services, and personnel necessary to carry out
their functions, as well as all agencies transferred to the department whose functions are
related to children and family services and all functions of abolished agencies transferred to
the department that are related to children and family services and related personnel.
Proposed law provides that the deputy secretary for health and hospitals services and the
deputy secretary for children and family services shall be appointed by the governor with
Senate consent and serve at the governor's pleasure at a salary set by the governor. They
report directly to the governor and are subject to his overall direction and control.
Proposed law grants the deputy secretary for health and hospitals services present law
powers of the DHH secretary relative to Medicaid, the State Children's Health Insurance
Program, the Drinking Water Revolving Loan Fund. Provides that he is the chief
administrative officer of health and hospitals services and has responsibility for the overall
administration, control, and operation of the affairs of health and hospitals services. The
secretary cannot change his duties and functions. Health and hospitals services and all of
its component entities are under the supervision and direction of the deputy secretary for
health and hospitals services. He has personnel authority for health and hospitals services.
He is granted other specific powers and responsibilities relative to health and hospital
services that present law gives the DHH secretary, including rulemaking for health and
hospitals services, licensing of health related professionals and facilities, and Medicare and
Medicaid certification. HLS 14RS-2654 REENGROSSED
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Proposed law provides that the deputy secretary for children and family services shall serve
as the chief administrative officer of children and family services and has responsibility for
the overall administration, control, and operation of the affairs of children and family
services. The secretary cannot change his duties and functions. Children and family
services and all of its component entities are under the supervision and direction of the
deputy secretary for children and family services. He has personnel authority for children
and family services. He is granted other specific powers and responsibilities relative to
children and family services that present law gives the DCFS secretary, including
rulemaking for children and family services. He is responsible for management and program
analysis and policy planning and evaluation. He has responsibility for the state plan for
participation in the Child Care and Development Block Grant Program and in the Title IV-A
federal program to assist families at risk of welfare dependency.
Present law provides for a deputy secretary for programs and a deputy secretary of
operations for DCFS. Proposed law provides instead for assistant deputy secretaries who
are appointed by the deputy secretary (present law provides for appointment by the DCFS
secretary) with the same responsibilities as in present law.
Present law provides for an office of management and finance in DHH headed by an
undersecretary appointed by the governor. Proposed law provides for an office of
management and finance of health and hospitals services headed by an undersecretary
appointed in the same manner and with the same duties and responsibilities for health and
hospitals services as present law provides for DHH. The undersecretary of health and
hospitals services is directly responsible to the deputy secretary for health and hospitals
services.
Present law provides for an undersecretary for DCFS who heads the division of management
and finance, within the office of children and family services in DCFS. He is appointed by
the governor. Proposed law provides for an undersecretary for children and family who
heads the division of management and finance, within the office of children and family
services in children and family services with the same duties and responsibilities for children
and family services as provided in present law for DCFS. He is directly responsible to the
deputy secretary for children and family services.
Present law and proposed law provide for an assistant secretary for each office except the
office of management and finance. Proposed law also excepts the office of children and
family services, which shall be under the immediate supervision and direction of the deputy
secretary for children and family services. Provides that the duties and functions of each
office and its assistant secretary shall be determined by and exercised under the direct
supervision and control of the appropriate deputy secretary.
Proposed law transfers the agencies placed by present law in DHH and DCFS into the new
department in accordance with the same provisions as provided in present law.
Proposed law provides for implementation and provides that on Aug. 1, 2014, any pending
or unfinished business of the prior departments shall be taken over and be completed by the
new department with the same power and authorization as that of the prior departments, with
business of DHH to be taken over and completed by health and hospitals services and
business of DCFS to be taken over and completed by children and family services. Provides
that the new department through health and hospitals services and children and family
services shall be the successor in every way to the prior departments for the purpose of
completing such business. Provides for the transfer of references in laws and documents,
employees, property, obligations, and books and records. Provides for the continued
effectiveness of rules and policies of the prior departments and offices. Provides for the
continuation of pending legal proceedings and the effectiveness of related documents in the
name of the new department and new offices. Continues dedications and allocations of
revenues and sources of revenues made to or for either of the prior departments or offices
in the same manner, to the same extent, and for the same purposes, unless and until other HLS 14RS-2654 REENGROSSED
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provision is made therefor. Provides that the Act shall not be construed or applied to prevent
full compliance by the state, or any department, office, or agency thereof, with the
requirements of any Act of the U.S. Congress or any regulation providing for federal
assistance.
Proposed law provides that the office of public health, the office of behavioral health, the
office for citizens with developmental disabilities, the office of aging and adult services, and
the office of children and family services of the prior departments shall be continued as
offices of the new department. Provides that the office of management and finance for
health and hospitals services shall be the successor of the office of management and finance
of DHH. Provides that new offices shall each be the successor of the prior office. Also
provides that the deputy secretary of health and hospitals services shall be the successor of
the DHH secretary and the deputy secretary for children and family services shall be the
successor of the DCFS secretary.
Proposed law provides for the Louisiana State Law Institute to change all references in law
to the Department of Health and Hospitals, the Department of Children and Family Services,
or to both departments to the name of the new department and references to the secretary of
health and hospitals to the deputy secretary for health and hospitals and references to the
secretary of children and family services to the deputy secretary for children and family
services and shall make appropriate changes in references to other offices and officers of the
former departments to the appropriate offices and officers of the new department.
Proposed law provides, since the Act has the effect of abolishing one of the twenty
departments in the executive branch of state government, that on Aug. 1, 2014, pursuant to
Act No. 384 of the 2013 RS, Sections 1 through 7 of Act No. 384 of the 2013 RS
(establishing and providing for the Dept. of Elderly Affairs) shall become effective.
Effective on August 1, 2014.
(Amends R.S. 36:4(A)(5), 251, 252, 253, 254(A)(2), (3), (6), and (7), (B)(1)(a)(intro. para.),
and (C), 254.1(A), (B), and (C)(intro. para.), (2) and (4), 254.2, 255, 256, 257, 258(A) and
(F), and 259; Adds R.S. 36:258(M); Repeals R.S. 36:4(A)(10), 254(A)(9) through (14),
(B)(5)-(7), and (9), and (D), and 471-478)
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Removes provisions of proposed law that provided for DCFS to be a state agency
and transferred it into DHH subject to provisions (R.S. 36:801.1) making it an
independent agency within DHH.
2. Removes present law provisions for DHH and DCFS and provides for the Dept.
of Health and Hospitals and Children and Family Services comprised of health
and hospital services (as the successor of DHH) and children and family services
(as the successor of DCFS). Provides for the component entities of health and
hospitals services and children and family services and for their officers.
Provides for the deputy secretary of health and hospital services to be the
successor of the secretary of DHH and for the deputy secretary of children and
family services to be the successor of the secretary of DCFS. Transfers powers
and duties of the departments and of the secretaries to their successors.