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)]
Tim Burns HB No. 406
Abstract: Requires an agency, prior to the adoption, amendment, or repeal of any rule, including
any emergency rule, to consider specified effects on a provider and to issue a provider
impact statement. Defines "provider" as a nonprofit organization that provides services
for individuals with developmental disabilities.
Present law (R.S. 49:950 et seq.–Administrative Procedure Act) provides procedures and
requirements for the adoption, amendment, and repeal of rules and fees. Requires certain notice
and reporting by agencies. Provides deadlines.
Proposed law requires that before an agency adopts, amends, or repeals a rule, including an
emergency rule, that the agency consider the impact the proposed rule will have on providers and
to provide a written provider impact statement. Defines "provider" as a nonprofit organization
that provides services for individuals with developmental disabilities. Requires the impact
statement to contain the following:
(1)The effect on the staffing level requirements or qualifications required to provide the
same level of service.
(2)The total direct and indirect effect on the cost to the provider to provide the same level of
service.
(3)The overall effect on the ability of the provider to provide the same level of service.
Proposed law requires the statement to be included in the notice of intent to adopt rules published
in the La. Register and provided to legislative oversight committees. Further requires the
provider impact statement on an emergency rule to be submitted to the speaker of the House and
the president of the Senate at the same time and in the same manner as the agency statement on
the emergency rule is required as provided by present law. Present law requires those statements
on emergency rules to be provided within five days of adoption of the rule and provides that the
statements are to submitted by electronic transmission if such means are available, and if not
available, by certified mail with return receipt requested or by messenger who shall provide a
receipt for signature.
Proposed law further mandates that the provider impact statements be kept on file in the agency
and to be available for inspection, copying, and reproduction in accordance with present law
(Public Records Law). (Adds R.S. 49:953(A)(1)(a)(x) and 974)