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Regular Session, 2014
HOUSE CONCURRENT RESOLUTI ON NO. 170
BY REPRESENTATIVE TIM BURNS
ADMINISTRATIVE PROCEDURE: Directs state agencies to consider certain provider
impact issues and to issue certain provider impact statements prior to the adoption,
amendment, or repeal of rules
A CONCURRENT RESOLUTI ON1
To direct state agencies to consider certain provider impact issues and to issue certain2
provider impact statements prior to the adoption, amendment, or repeal of rules.3
WHEREAS, the legislature has historically encouraged transparency in the policy4
development process; and5
WHEREAS, the members of the legislature need to be aware of the fiscal impact of6
any proposed policy changes as they impact the state budget and the fiscal impact on their7
constituents, including providers of services; and8
WHEREAS, the legislature needs information regarding the potential fiscal impact9
on the state budget, the general public, and providers of services funded by the state to make10
fully informed policy decisions regarding proposed policy changes, including those11
effectuated by the adoption, amendment, or repeal of rules, including emergency rules.12
THEREFORE, BE IT RESOLVED by the Legislature of Louisiana that prior to the13
adoption, amendment, or repeal of any rule, including an emergency rule, each state agency14
shall consider and state in writing the impact of the proposed rule on a provider prior to the15
adoption and implementation of the rule.16
BE IT FURTHER RESOLVED that this written consideration of impact shall be17
known as the "provider impact statement" and shall contain the following considerations18
regarding the proposed rule:19 HLS 14RS-5018 ENGROSSED
HCR NO. 170
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(1) The effect on the staffing level requirements or qualifications required to provide1
the same level of service.2
(2) The total direct and indirect effect on the cost to the provider to provide the same3
level of service.4
(3) The overall effect on the ability of the provider to provide the same level of5
service.6
BE IT FURTHER RESOLVED that the state agency shall include the provider7
impact statement in the notice required by R.S. 49:953(A)(1).8
BE IT FURTHER RESOLVED that the state agency shall submit the provider impact9
statement on an emergency rule to the speaker of the House of Representatives and the10
president of the Senate at the same time in the same manner as the agency statement required11
by R.S. 49:953(A)(1)(a)(x).12
BE IT FURTHER RESOLVED that if the state agency is reissuing an emergency13
rule previously published without revision, the state agency shall clearly indicate that the14
new publication is a reissue of a previously published rule and the date of the previous15
publication.16
BE IT FURTHER RESOLVED that if the state agency is not materially or17
substantively revising an emergency rule previously published, the provider impact18
statement issued on the previously published rule shall suffice; however, if the emergency19
rule contains any material or substantive revisions from the previously published emergency20
rule, the agency shall revise the impact statement to reflect the revisions.21
BE IT FURTHER RESOLVED that all provider impact statements shall be in writing22
and kept on file with the agency that adopted, amended, or repealed the rule and shall be23
available for inspection, copying, and reproduction in accordance with the Public Records24
Law.25
BE IT FURTHER RESOLVED that for the purposes of this Resolution, "provider"26
means an organization that provides services for individuals with developmental disabilities,27
and "state agency" means each state board, commission, department, agency, officer, or28
other entity which makes rules, regulations, or policy, or formulates, or issues decisions or29
orders pursuant to, or as directed by, or in implementation of the constitution or laws of the30 HLS 14RS-5018 ENGROSSED
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United States or the constitution and statutes of Louisiana, except the legislature or any1
branch, committee, or officer thereof; any political subdivision, as defined in Article VI,2
Section 44 of Constitution of Louisiana and any board, commission, department, agency,3
officer, or other entity thereof; and the courts.4
BE IT FURTHER RESOLVED that a copy of this Resolution be sent to the Office5
of the State Register in the division of administration.6
BE IT FURTHER RESOLVED that the Office of State Register shall notify each7
state agency of the requirements of this Resolution.8
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 HCR No. 170
Directs each state 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. Provides that the statement contain the following considerations regarding
the proposed rule:
(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.
Requires the state agency to include such statement in its notice of intent, to send such
statement on emergency rules to the speaker of the House of Representatives and the
president of the Senate, and to keep the statement as a public record.
Defines "provider" as an organization that provides services for individuals with
developmental disabilities and "state agency" as each state board, commission, department,
agency, officer, or other entity which makes rules, regulations, or policy, or formulates, or
issues decisions or orders pursuant to, or as directed by, or in implementation of the
constitution or laws of the U.S. or the constitution and statutes of La., except the legislature
or any branch, committee, or officer thereof; any political subdivision, as defined in Const.
Art. VI, ยง44, and any board, commission, department, agency, officer, or other entity
thereof; and the courts.
Provides that a copy of this Resolution be sent to the Office of the State Register in the
division of administration and requires the Office of State Register to notify each state
agency of the requirements.