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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
years of age to achieve greater physical or older to increase a person's20
independence and which include but are not limited to services related to: or21
substitute for a person's dependence on human assistance.22
(a) Routine bodily functions, such as bowel or bladder care.23
(b) Dressing.24
(c) Preparation and consumption of food.25
ACT No. 493 SB NO. 498 ENROLLED
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(d) Housecleaning and laundry.1
(e) Transfers.2
(f) Routine bathing.3
(g) Ambulation.4
(h) Any other similar activity of daily living.5
(4)(3) "Secretary" means the secretary of the Department of Health and6
Hospitals.7
(5)(4) "Person with significant disabilities" means a person with loss of8
sensory or motor functions interfering with activities of daily living to the extent that9
the person requires assistance with nonmedical personal care needs, domestic or10
cleaning needs, dressing and undressing, moving into and out of bed, ambulation,11
related services including but not limited to meal preparation, laundry, and grocery12
shopping, and other similar activities of daily living.13
§2116.2. State Personal Assistance Services Program; creation; eligibility14
requirements; evaluation15
* * *16
B. The department shall provide a subsidy for personal assistance services to17
any person who:18
* * *19
(2) Is between the ages of age eighteen and sixty years or older at inception20
of services; a person who begins to receive services between the ages of eighteen and21
sixty shall continue to receive services after the age of sixty, provided that all other22
eligibility requirements are met.23
* * *24
C. The person with significant disabilities shall be responsible for:25
* * *26
(4) Choosing a qualified provider in the state. The number of qualified27
providers will be limited to six statewide.28
* * *29
§2116.3. Subsidy; eligibility; status30 SB NO. 498 ENROLLED
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A. The department, by rule, shall establish an eligibility standard and an1
evaluation process which takes into consideration the unique economic and social2
needs of persons with significant disabilities.3
* * *4
C. This program may supplement any other programs for which the person5
is eligible shall be considered as a source of last resort for personal assistance6
services after private and governmental sources have been expended.7
* * *8
§2116.5. Rules; program retroactive9
A.(1) The secretary of the department or his designee shall develop and10
maintain a state personal assistance policy plan which shall include but not be11
limited to the following:12
(a)(1) Criteria for eligibility of a person with significant disabilities for the13
services.14
(b)(2) Criteria for determining the number of hours per week of goods and15
services to be provided to a person with significant disabilities.16
(c)(3) Determination of how program funds will be disbursed.17
(d)(4) Criteria for determining prioritization of the State Personal Assistance18
Services Program waiting list.19
(2) In developing and maintaining a state personal assistance policy, the20
secretary shall solicit consultation from an advisory panel, that shall include21
representatives from the fiscal agents, and consumers.22
* * *23
Section 2. R.S. 46:2116.5(D) is hereby repealed.24
Section 3. This Act shall become effective upon signature by the governor or, if not25
signed by the governor, upon expiration of the time for bills to become law without signature26
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If27
vetoed by the governor and subsequently approved by the legislature, this Act shall become28
effective on the day following such approval.29 SB NO. 498 ENROLLED
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PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: