HLS 14RS-829 ENGROSSED
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Regular Session, 2014
HOUSE BILL NO. 185
BY REPRESENTATIVE HAVARD
HEALTH/HOME CARE: Provides relative to home- and community-based long-term care
services provided by direct service workers
AN ACT1
To amend and reenact R.S. 37:1031(A) and 1033(A)(introductory paragraph), relative to2
care for individuals receiving certain home- and community-based services; to3
provide for applicability of laws relative to services rendered by direct service4
workers; to revise criteria for individuals who are served by direct service workers;5
to provide for requirements relative to authorization for direct service workers to6
perform certain procedures; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 37:1031(A) and 1033(A)(introductory paragraph) are hereby9
amended and reenacted to read as follows:10
§1031. Applicability11
A.(1) The provisions of this Part shall not apply to any of the following:12
(a) Gratuitous gratuitous care provided by friends or members of the13
individual's family.14
(b) Care provided as part of an authorized departmental self-directed15
program.16
(2) The provisions of this Part shall apply to all direct service workers who17
meet each of the following criteria:18
(a) Are employed by a licensed agency, or employed as part of an authorized19
departmental self-directed program, and who.20 HLS 14RS-829 ENGROSSED
HB NO. 185
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(b) Attend attend to individuals receiving home- and community-based1
long-term services. and who2
(c) Are are not authorized to perform these tasks under other state laws or3
regulations.4
(3) An individual being served shall meet the following criteria:5
(1) (a) Is eligible for home- and community-based long-term care services6
licensed by the Department of Health and Hospitals.7
(2) Is able to self-direct the services or resides (b) Resides in a residence8
where there is daily monitoring by a family member, a direct service worker, or other9
health care provider.10
(3) (c) Has a current plan of care.11
(4) (d) Receives a periodic assessment by a registered nurse based on the12
individual's health status.13
(5) (e) Requires assistance with medication administration or other14
noncomplex medical tasks.15
* * *16
§1033. Required training17
A. In order to be authorized to perform the procedures specified in R.S.18
37:1032, a direct service worker shall be employed by a licensed agency or19
employed as part of an authorized departmental self-directed program and shall20
receive the following training:21
* * *22
Section 2.(A) The legislature hereby finds that personal care and other services and23
supports provided to persons with disabilities in home- and community-based settings can24
be of immense value in enhancing those persons' well-being and quality of life.25
(B) This Act shall be known as "Bailey's Law" in recognition of the advocacy efforts26
on behalf of persons with disabilities that have been inspired by Bailey Caroline Durham.27 HLS 14RS-829 ENGROSSED
HB NO. 185
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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)]
Havard HB No. 185
Abstract: Revises requirements relative to care provided by direct service workers and
criteria relative to individuals receiving certain home- and community-based long-
term care services.
Present law (R.S. 37:1031 et seq.) provides relative to direct service workers. Defines
"direct service worker" as an unlicensed person who provides personal care or other services
and supports to persons with disabilities or who are elderly, through services that involve
face-to-face direct contact with service recipients, in order to enhance service recipients'
well-being. Establishes requirements for training of direct service workers and for
authorization of procedures that such workers may perform. Proposed law generally retains
present law.
Present law stipulates that present law does not apply to gratuitous care provided by friends
or members of the individual's family. Proposed law adds stipulation that present law and
proposed law do not apply to care provided as part of an authorized departmental
self-directed program.
Present law applies to all direct service workers employed by a licensed agency, or
employed as part of a self-directed program authorized by the Dept. of Health and Hospitals
(DHH), and who attend to individuals receiving home- and community-based long-term
services and are not authorized to perform these tasks under other state laws or regulations.
Proposed law deletes persons employed as part of a self-directed program authorized by
DHH as a class of persons to whom present law and proposed law applies.
Present law requires that an individual being served by a direct service worker meet, among
other criteria, one of the following conditions:
(1)He is able to self-direct the services.
(2)He resides in a residence where there is daily monitoring by a family member, a
direct service worker, or other health care provider.
Proposed law deletes requirement of ability to self-direct services as a condition of receiving
services of a direct service worker.
Present law provides that in order to be authorized to perform procedures specified in present
law, a direct service worker shall receive training as specified in present law and meet at
least one of the following requirements:
(1)Be employed by a licensed agency.
(2)Be employed as part of an authorized departmental self-directed program.
Proposed law deletes employment as part of an authorized departmental self-directed
program as a qualification, in part, for a direct service worker to perform procedures
specified in present law. HLS 14RS-829 ENGROSSED
HB NO. 185
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Proposed law provides a legislative finding affirming the value of personal care and other
services and supports provided to persons with disabilities in home- and community-based
settings in enhancing those persons' well-being and quality of life.
Proposed law provides that proposed law shall be known as "Bailey's Law" in recognition
of the advocacy efforts on behalf of persons with disabilities that have been inspired by
Bailey Caroline Durham.
(Amends R.S. 37:1031(A) and 1033(A)(intro. para.))