Louisiana 2017 2017 Regular Session

Louisiana Senate Bill SB58 Comm Sub / Analysis

                    The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Christine Arbo Peck.
DIGEST
SB 58 Engrossed	2017 Regular Session	Mills
Proposed law establishes legislative intent for the modernization of the statutes governing the human
services districts and authorities to clarify their purpose in the health delivery spectrum.
Present law provides definitions. Proposed law deletes obsolete definitions to conform with
modernization of the statutes regarding human services districts and authorities.
Present law establishes the statutory governance area for each of the human services districts and
authorities. Proposed law updates present law to include the districts that have been formally named
since the statue was last updated.
Present law provides for composition of the governing boards for the districts and authorities.
Proposed law adds expertise in the fields of law enforcement, the judiciary, with particular emphasis
on specialty courts, school-based health care, and the coroner's office as the qualifications for the
governing authority of the parish shall include when nominating individuals as appointees are
replaced due to vacancy. 
Proposed law requires a minimum number of professionals and consumers with experience in the
fields of developmental disability, mental health, and addictive disorders on each board. Proposed
law adds these members immediately if they are not already represented by current board
membership and reduces the total number of board members back to the number established in
present law as board member terms expire. 
Present law establishes requirements for the inception and readiness assessment phase of the
statewide human services districts. Proposed law updates requirements for board member education
and training and affirms the district and authorities role in providing community services in
partnership with the local law enforcement and judicial offices, including allowance of sole source
contracts to provide services for individuals in those systems.
Present law creates a human services interagency council. Proposed law clarifies the purpose and
charge of the council and requires meetings and discussion of certain operational matters.
Present law requires the department to submit a report to the legislature on the services and financial
status of the districts and authorities. Proposed law clarifies the data to be included in the report and
provides for an oversight hearing by the Senate and House committees on health and welfare. 
Present law requires the department to provide adequate funding appropriate for the delivery of
services. Proposed law establishes a funding analysis, to be conducted in consultation with the
districts and authorities, based on quality outcomes. Present law provides for the department to impose sanctions on the districts and authorities for
noncompliance with their contract. Proposed law specifies that the sanctions may be requiring a plan
of correction or assuming temporary management of the district or authority. If the sanction is a plan
of correction, the Senate and House committees on health and welfare must be notified. If the
sanction is temporary management, the department must get the approval of the Senate and House
committees on health and welfare. 
Present law establishes a state funded program for cash subsidies for families with persons with
developmental disabilities (R.S. 28:821). Proposed law requires the human services districts and
authorities to consider as a board, and in their contract with the department, their responsibilities in
implementing this program. 
Present law includes separate but duplicative Chapters of law for the establishment of the Jefferson
Parish Human Services Authority (R.S. 28:831), Florida Parishes Human Services Authority (Ch.
16), Metropolitan Human Services District (Ch. 17), South Central Louisiana Human Services
Authority (Ch. 18), Northeast Delta Human Services Authority (Ch. 19), and Capitol Area Human
Services District (Ch. 20). Proposed law repeals present law to consolidate these districts and
authorities into the Statewide Human Services Delivery (Ch. 21) provisions to establish consistency
and cohesiveness while also retaining the autonomy, geographical catchment area, and any unique
provisions of each individual district or authority.
Effective upon signature of the governor or upon lapse of time for gubernatorial action.
(Amends R.S. 28:911, 912, 913, 914, 915, 916, 917, and 918; adds R.S. 28:910, 913.1, 913.2, 913.3,
913.4, 913.5, 913.6, and 913.7; repeals R.S. 28:831, R.S. 28:851-856, R.S. 28:861-866, R.S. 28:871-
876, R.S. 28:891-896, and R.S. 28:901-906, and R.S. 28:919 and 920)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to the
original bill
1. Restores present law regarding the human services accountability plan and the human
services framework.
2. Requires a minimum number of professionals and consumers on each human service
district and authority board in the fields of developmental disability, addictive
disorder, and mental health. Places them on the board immediately upon passage of
proposed law and reduces the board the their statutory capacity as current member's
terms expire.
3. Requires the human service district and authority boards to prioritize the services
established in the Community and Family Support System provisions of law at R.S.
28:821, et seq. 4. Clarifies that the Louisiana Department of Health is responsible for submitting an
annual report to the legislature on the operations of the human service districts and
authorities and provides for an oversight hearing on the report by the Senate and
House committees on health and welfare.
5. Clarifies the funding assessment that the department must conduct regarding the
human services districts and authorities and establishes quality outcome and
reporting requirements as a condition of contracting with the department or receiving
funding.
6. Restores the secretary as the chairman of the Human Services Interagency Council.
7. Restores present law regarding sanctions and clarifies that the department may
require a plan of correction and if so, must provide notice to the Senate and House
committees on health and welfare. If there is threat to public health or well-being, the
department may take temporary management of the district or authority, but can only
do so with the approval of the Senate and House committees on health and welfare.
8. Provides for survey and monitoring of the districts and authorities by the department.
9. Makes technical corrections.