HLS 14RS-1144 ORIGINAL
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 406
BY REPRESENTATIVE TIM BURNS
ADMINISTRATIVE PROCEDURE: Requires the consideration of certain provider impact
issues and issuance of a provider impact statement prior to the adoption, amendment,
or repeal of rules by a state agency
AN ACT1
To enact R.S. 49:953(A)(1)(a)(x) and 974, relative to the Administrative Procedure Act; to2
require certain considerations prior to the adoption, amendment, or repeal of any3
rule, including any emergency rule, by a state agency; to require a provider impact4
statement to be issued; to provide for the contents of such statement; and to provide5
for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 49:953(A)(1)(a)(x) and 974 are hereby enacted to read as follows:8
§953. Procedure for adoption of rules9
A. Prior to the adoption, amendment, or repeal of any rule, the agency shall:10
(1)(a) Give notice of its intended action and a copy of the proposed rules at11
least ninety days prior to taking action on the rule. The notice shall include:12
* * *13
(x) A statement concerning the impact on providers as set forth in R.S.14
49:974.15
* * *16
§974. Provider impact statement; issues to be considered17
A. In the formation, amendment, or repeal of rules, including emergency18
rules, each agency shall consider and state in writing the impact of such proposed19 HLS 14RS-1144 ORIGINAL
HB NO. 406
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
rules on a provider prior to the adoption and implementation of such rules. This1
written consideration shall be known as the "provider impact statement".2
B. The provider impact statement shall contain the following considerations3
regarding the proposed rule:4
(1) The effect on the staffing level requirements or qualifications required5
to provide the same level of service.6
(2) The total direct and indirect effect on the cost to the provider to provide7
the same level or service.8
(3) The overall effect on the ability of the provider to provide the same level9
of service.10
C. The provider impact statement on an emergency rule shall be submitted11
to the speaker of the House of Representatives and the president of the Senate at the12
same time and in the same manner as the agency statement required by R.S.13
49:953(B)(1)(a).14
D. All provider impact statements shall be in writing and kept on file in the15
agency which has adopted, amended, or repealed the rule and shall be available for16
inspection, copying, and reproduction in accordance with the Public Records Law.17
E. For the purposes of this Section, the word "provider" means a nonprofit18
organization that provides services for individuals with developmental disabilities.19
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 HLS 14RS-1144 ORIGINAL
HB NO. 406
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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)