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words in boldface type and underscored are additions.
Regular Session, 2014 ENROLLED
SENATE BILL NO. 498
BY SENATORS HEITMEIER AND ALARIO
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
(3)(2) "State personal assistance services" means goods and services which18
are required by a person with significant disabilities between age eighteen and sixty19 SB NO. 498 ENROLLED
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years of age to achieve greater physical or older to increase a person's1
independence and which include but are not limited to services related to: or2
substitute for a person's dependence on human assistance.3
(a) Routine bodily functions, such as bowel or bladder care.4
(b) Dressing.5
(c) Preparation and consumption of food.6
(d) Housecleaning and laundry.7
(e) Transfers.8
(f) Routine bathing.9
(g) Ambulation.10
(h) Any other similar activity of daily living.11
(4)(3) "Secretary" means the secretary of the Department of Health and12
Hospitals.13
(5)(4) "Person with significant disabilities" means a person with loss of14
sensory or motor functions interfering with activities of daily living to the extent that15
the person requires assistance with nonmedical personal care needs, domestic or16
cleaning needs, dressing and undressing, moving into and out of bed, ambulation,17
related services including but not limited to meal preparation, laundry, and grocery18
shopping, and other similar activities of daily living.19
§2116.2. State Personal Assistance Services Program; creation; eligibility20
requirements; evaluation21
* * *22
B. The department shall provide a subsidy for personal assistance services to23
any person who:24
* * *25
(2) Is between the ages of age eighteen and sixty years or older at inception26
of services; a person who begins to receive services between the ages of eighteen and27
sixty shall continue to receive services after the age of sixty, provided that all other28
eligibility requirements are met.29
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C. The person with significant disabilities shall be responsible for:1
* * *2
(4) Choosing a qualified provider in the state. The number of qualified3
providers will be limited to six statewide.4
* * *5
§2116.3. Subsidy; eligibility; status6
A. The department, by rule, shall establish an eligibility standard and an7
evaluation process which takes into consideration the unique economic and social8
needs of persons with significant disabilities.9
* * *10
C. This program may supplement any other programs for which the person11
is eligible shall be considered as a source of last resort for personal assistance12
services after private and governmental sources have been expended.13
* * *14
§2116.5. Rules; program retroactive15
A.(1) The secretary of the department or his designee shall develop and16
maintain a state personal assistance policy plan which shall include but not be17
limited to the following:18
(a)(1) Criteria for eligibility of a person with significant disabilities for the19
services.20
(b)(2) Criteria for determining the number of hours per week of goods and21
services to be provided to a person with significant disabilities.22
(c)(3) Determination of how program funds will be disbursed.23
(d)(4) Criteria for determining prioritization of the State Personal Assistance24
Services Program waiting list.25
(2) In developing and maintaining a state personal assistance policy, the26
secretary shall solicit consultation from an advisory panel, that shall include27
representatives from the fiscal agents, and consumers.28
* * *29
Section 2. R.S. 46:2116.5(D) is hereby repealed.30 SB NO. 498 ENROLLED
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Section 3. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: