ENROLLED
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ACT No. 507
Regular Session, 2014
HOUSE BILL NO. 185
BY REPRESENTATIVE HAVARD
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. The provisions of this Part shall not apply to gratuitous care provided by12
friends or members of the individual's family. The provisions of this Part shall apply13
to all direct service workers employed by a licensed agency, or employed as part of14
an authorized departmental self-directed program, and who attend to individuals15
receiving home- and community-based long-term services and who are not16
authorized to perform these tasks under other state laws or regulations. An17
individual being served shall meet the following criteria:18
(1) Is eligible for home- and community-based long-term care services19
licensed by the Department of Health and Hospitals.20
(2) Is able to self-direct the services or resides Resides in a residence where21
there is daily monitoring by a family member, a direct service worker, or other health22
care provider.23
(3) Has a current plan of care.24 ENROLLEDHB NO. 185
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are additions.
(4) Receives a periodic assessment by a registered nurse based on the1
individual's health status.2
(5) Requires assistance with medication administration or other noncomplex3
medical tasks.4
* * *5
§1033. Required training6
A. In order to be authorized to perform the procedures specified in R.S.7
37:1032, a direct service worker shall be employed by a licensed agency or8
employed as part of an authorized departmental self-directed program and. If the9
direct service worker is employed as part of an authorized departmental self-directed10
program, the training he will receive shall be developed by the Department of Health11
and Hospitals in conjunction with the Louisiana State Board of Nursing. If the direct12
service worker is employed by a licensed agency he shall receive the following13
training:14
* * *15
Section 2.(A) The legislature hereby finds that personal care and other services and16
supports provided to persons with disabilities in home- and community-based settings can17
be of immense value in enhancing those persons' well-being and quality of life.18
(B) This Act shall be known as "Bailey's Law" in recognition of the advocacy efforts19
on behalf of persons with disabilities that have been inspired by Bailey Caroline Durham.20
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: