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.
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.))