ENROLLED
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Regular Session, 2014
HOUSE CONCURRENT RESOLUTI ON NO. 170
BY REPRESENTATIVE TIM BURNS
A CONCURRENT RESOLUTI ON
To direct state agencies to consider certain provider impact issues and to issue certain
provider impact statements prior to the adoption, amendment, or repeal of rules.
WHEREAS, the legislature has historically encouraged transparency in the policy
development process; and
WHEREAS, the members of the legislature need to be aware of the fiscal impact of
any proposed policy changes as they impact the state budget and the fiscal impact on their
constituents, including providers of services; and
WHEREAS, the legislature needs information regarding the potential fiscal impact
on the state budget, the general public, and providers of services funded by the state to make
fully informed policy decisions regarding proposed policy changes, including those
effectuated by the adoption, amendment, or repeal of rules, including emergency rules.
THEREFORE, BE IT RESOLVED by the Legislature of Louisiana that prior to the
adoption, amendment, or repeal of any rule, including an emergency rule, each state agency
shall consider and state in writing the impact of the proposed rule on a provider prior to the
adoption and implementation of the rule.
BE IT FURTHER RESOLVED that this written consideration of impact shall be
known as the "provider impact statement" and shall 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. ENROLLEDHCR NO. 170
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BE IT FURTHER RESOLVED that the state agency shall include the provider
impact statement in the notice required by R.S. 49:953(A)(1).
BE IT FURTHER RESOLVED that the state agency shall submit the provider impact
statement on an emergency rule to the speaker of the House of Representatives and the
president of the Senate at the same time in the same manner as the agency statement required
by R.S. 49:953(A)(1)(a)(x).
BE IT FURTHER RESOLVED that if the state agency is reissuing an emergency
rule previously published without revision, the state agency shall clearly indicate that the
new publication is a reissue of a previously published rule and the date of the previous
publication.
BE IT FURTHER RESOLVED that if the state agency is not materially or
substantively revising an emergency rule previously published, the provider impact
statement issued on the previously published rule shall suffice; however, if the emergency
rule contains any material or substantive revisions from the previously published emergency
rule, the agency shall revise the impact statement to reflect the revisions.
BE IT FURTHER RESOLVED that all provider impact statements shall be in writing
and kept on file with the agency that adopted, amended, or repealed the rule and shall be
available for inspection, copying, and reproduction in accordance with the Public Records
Law.
BE IT FURTHER RESOLVED that for the purposes of this Resolution, "provider"
means an organization that provides services for individuals with developmental disabilities,
and "state agency" means 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
United States or the constitution and statutes of Louisiana, except the legislature or any
branch, committee, or officer thereof; any political subdivision, as defined in Article VI,
Section 44 of Constitution of Louisiana and any board, commission, department, agency,
officer, or other entity thereof; and the courts.
BE IT FURTHER RESOLVED that a copy of this Resolution be sent to the Office
of the State Register in the division of administration. ENROLLEDHCR NO. 170
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BE IT FURTHER RESOLVED that the Office of State Register shall notify each
state agency of the requirements of this Resolution.
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE