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Regular Session, 2014
SENATE BILL NO. 498
BY SENATORS HEITMEIER AND ALARIO
HEALTH CARE. Provides for personal care assistance services. (gov sig)
AN ACT1
To amend and reenact R.S. 46:2116.1, 2116.2(B)(2) and (C)(4), 2116.3(A) and (C), and2
2116.5(A) and to repeal R.S. 46:2116.5(D), relative to personal care assistance3
services; to provide for definitions; to provide for the state personal assistance4
services program; to provide for rules; to repeal certain provisions related to5
evaluation teams; to provide for an effective date; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 46:2116.1, 2116.2(B)(2) and (C)(4), 2116.3(A) and (C), and8
2116.5(A) are hereby amended and reenacted to read as follows:9
§2116.1. Definitions10
As used in this Chapter, the following terms shall have the meaning ascribed11
to them in this Section, unless the context clearly requires otherwise:12
(1) "Department" means the Department of Health and Hospitals.13
(2) "Evaluation team" means the individuals who determine the eligibility of14
persons with significant disabilities for state personal assistance services pursuant15
to this Chapter and shall be designated by the assistant secretary of the office of16
aging and adult services within the department.17 SB NO. 498
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(3)(2) "State personal assistance services" means goods and services which1
are required by a person with significant disabilities between age eighteen and sixty2
years of age to achieve greater physical or older to increase a person's3
independence and which include but are not limited to services related to: or4
substitute for a person's dependence on human assistance.5
(a) Routine bodily functions, such as bowel or bladder care.6
(b) Dressing.7
(c) Preparation and consumption of food.8
(d) Housecleaning and laundry.9
(e) Transfers.10
(f) Routine bathing.11
(g) Ambulation.12
(h) Any other similar activity of daily living.13
(4)(3) "Secretary" means the secretary of the Department of Health and14
Hospitals.15
(5)(4) "Person with significant disabilities" means a person with loss of16
sensory or motor functions interfering with activities of daily living to the extent that17
the person requires assistance with nonmedical personal care needs, domestic or18
cleaning needs, dressing and undressing, moving into and out of bed, ambulation,19
related services including but not limited to meal preparation, laundry, and grocery20
shopping, and other similar activities of daily living.21
§2116.2. State Personal Assistance Services Program; creation; eligibility22
requirements; evaluation23
* * *24
B. The department shall provide a subsidy for personal assistance services to25
any person who:26
* * *27
(2) Is between the ages of age eighteen and sixty years or older at inception28
of services; a person who begins to receive services between the ages of eighteen and29 SB NO. 498
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sixty shall continue to receive services after the age of sixty, provided that all other1
eligibility requirements are met.2
* * *3
C. The person with significant disabilities shall be responsible for:4
* * *5
(4) Choosing a qualified provider in the state. The number of qualified6
providers will be limited to six statewide.7
* * *8
§2116.3. Subsidy; eligibility; status9
A. The department, by rule, shall establish an eligibility standard and an10
evaluation process which takes into consideration the unique economic and social11
needs of persons with significant disabilities.12
* * *13
C. This program may supplement any other programs for which the person14
is eligible shall be considered as a source of last resort for personal assistance15
services after private and governmental sources have been expended.16
* * *17
§2116.5. Rules; program retroactive18
A.(1) The secretary of the department or his designee shall develop and19
maintain a state personal assistance policy plan which shall include but not be20
limited to the following:21
(a)(1) Criteria for eligibility of a person with significant disabilities for the22
services.23
(b)(2) Criteria for determining the number of hours per week of goods and24
services to be provided to a person with significant disabilities.25
(c)(3) Determination of how program funds will be disbursed.26
(d)(4) Criteria for determining prioritization of the State Personal Assistance27
Program waiting list.28
(2) In developing and maintaining a state personal assistance policy, the29 SB NO. 498
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secretary shall solicit consultation from an advisory panel, that shall include1
representatives from the fiscal agents, and consumers.2
* * *3
Section 2. R.S. 46:2116.5(D) is hereby repealed.4
Section 3. This Act shall become effective upon signature by the governor or, if not5
signed by the governor, upon expiration of the time for bills to become law without signature6
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If7
vetoed by the governor and subsequently approved by the legislature, this Act shall become8
effective on the day following such approval.9
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christopher D. Adams.
DIGEST
Heitmeier (SB 498)
Present law defines "evaluation team" to mean the individuals who determine the eligibility
of persons with significant disabilities for state personal assistance services and shall be
designated by the assistant secretary of the office of aging and adult services within the
Department of Health and Hospitals (the department).
Proposed law amends present law and repeals the definition of "evaluation team".
Present law defines "state personal assistance services" to mean services which are required
by a person with significant disabilities between 18 and 60 years of age to achieve greater
physical independence and which include but are not limited to services related to:
(1)Routine bodily functions, such as bowel or bladder care.
(2)Dressing.
(3)Preparation and consumption of food.
(4)Housecleaning and laundry.
(5)Transfers.
(6)Routine bathing.
(7)Ambulation.
(8)Any other similar activity of daily living.
Proposed law amends present law to define "state personal assistance services" to mean
goods and services which are required by a person with significant disabilities age 18 or
older to increase a person's independence or substitute for a person's dependence on human
assistance.
Present law provides the department shall provide a subsidy for personal assistance services SB NO. 498
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to any person who is between the ages of 18 and 60 years at inception of services; a person
who begins to receive services between the ages of 18 and 60 shall continue to receive
services after the age of 60, provided that all other eligibility requirements are met.
Proposed law amends present law to provide that the department shall provide a subsidy for
personal assistance services to any person who is age 18 or older at inception of services,
provided that all other eligibility requirements are met.
Present law provides that the number of qualified providers will be limited to six statewide.
Proposed law removes this provision.
Present law provides the evaluation team shall determine the eligibility of the person with
significant disabilities for personal assistance services and reevaluate the person with
significant disabilities annually to determine the person's continuing need for services.
Proposed law removes this provision.
Present law provides the department, by rule, shall establish an eligibility standard which
takes into consideration the unique economic and social needs of persons with significant
disabilities.
Proposed law amends present law to provide the department, by rule, shall establish an
eligibility standard and an evaluation process which takes into consideration the unique
economic and social needs of persons with significant disabilities.
Present law provides the State Personal Assistance Services Program may supplement any
other programs for which the person is eligible.
Proposed law amends present law to provide the State Personal Assistance Services Program
shall be considered as a source of last resort for personal assistance services after private and
governmental sources have been expended.
Present law provides the secretary of the department or his designee shall develop and
maintain a state personal assistance policy plan which shall include but not be limited to the
following:
(1)Criteria for eligibility of a person with significant disabilities for the services.
(2)Criteria for determining number of hours per week of services to be provided to a
person with significant disabilities.
(3)Determination of how program funds will be disbursed.
(4)Criteria for determining prioritization of the State Personal Assistance Program
waiting list.
Proposed law amends present law to provide the secretary of the department or his designee
shall develop and maintain a state personal assistance policy plan which shall include but
not be limited to the following:
(1)Criteria for eligibility of a person with significant disabilities for the services.
(2)Criteria for determining the goods and services to be provided to a person with
significant disabilities.
(3)Determination of how program funds will be disbursed. SB NO. 498
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(4)Criteria for determining prioritization of the State Personal Assistance Program
waiting list.
Present law provides in developing and maintaining a state personal assistance policy, the
secretary shall solicit consultation from an advisory panel, that shall include representatives
from the fiscal agents, and consumers.
Proposed law removes this provision.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 46:2116.1, 2116.2(B)(2) and (C)(4), 2116.3(A) and (C), and 2116.5(A);
repeals R.S. 46:2116.5(D))