Heitmeier (SB 498) Act No. 493
Prior law defined "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).
New law amends prior law and repeals the definition of "evaluation team".
Prior law defined "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.
New law amends prior 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.
Prior law provided the department shall provide a subsidy for personal assistance services
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.
New law amends prior 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.
Prior law provided that the number of qualified providers will be limited to six statewide.
New law removes this provision.
Prior law provided 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.
New law removes this provision.
Prior law provided the department, by rule, shall establish an eligibility standard which takes
into consideration the unique economic and social needs of persons with significant
disabilities.
New law amends prior 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.
Prior law provided the State Personal Assistance Services Program may supplement any
other programs for which the person is eligible. New law amends prior 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.
Prior law provided 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.
New law amends prior 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.
(4)Criteria for determining prioritization of the State Personal Assistance Services
Program waiting list.
Prior law provided 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. New law removes this provision.
Effective upon signature of the governor (June 5, 2014).
(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))