2018 Regular Session ENROLLED
SENATE BILL NO. 347
BY SENATOR HEWITT
1 AN ACT
2 To amend and reenact R.S. 39:100.61, relative to funding for waiver services for individuals
3 with developmental disabilities; to provide for the definition of "waiver services";
4 to provide for the Louisiana Department of Health in consultation with the Louisiana
5 Developmental Disabilities Council to develop a plan for appropriations out of the
6 New Opportunities Waiver Fund; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 39:100.61 is hereby amended and reenacted to read as follows:
9 ยง100.61. New Opportunities Waiver Fund
10 A. There is hereby created in the state treasury, as a special fund, the New
11 Opportunities Waiver Fund, hereinafter referred to as the "fund."
12 B.(1) The source of monies in the fund shall be as follows:
13 (a) In any fiscal year, the state treasurer is directed to deposit twelve percent
14 of all recurring state general fund revenue, not to exceed fifty million dollars in any
15 fiscal year, as recognized by the Revenue Estimating Conference in excess of the
16 Official Forecast at the beginning of the current fiscal year into the New
17 Opportunities Waiver Fund fund, and monies in the fund from this Subparagraph
18 shall be used for appropriation in the ensuing fiscal year.
19 (b) Monies designated for the fund and received by the state treasurer from
20 donations, gifts, grants, appropriations, or other revenue.
21 (2) Monies in the fund shall be invested in the same manner as monies in the
22 state general fund. Interest earned on investment of monies in the fund shall be
23 credited to this fund. Unexpended and unencumbered monies in the fund at the end
24 of the fiscal year shall remain in the fund.
ACT No. 665
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 347 ENROLLED
1 (3) For the purposes of this Section, "waiver services" means Medicaid
2 services provided under the New Opportunities Waiver, the Children's Choice
3 Waiver, or any other Medicaid home and community-based waiver for persons
4 with developmental disabilities as promulgated by rule by the Louisiana
5 Department of Health. The Louisiana Department of Health shall consult with
6 the Louisiana Developmental Disabilities Council to develop a plan for
7 appropriations out of this fund.
8 C. Subject to an appropriation by the legislature, monies in the New
9 Opportunities Waiver Fund fund shall be used solely to fund the New Opportunities
10 Waiver program waiver services, as defined in this Section, to improve the
11 capacity of the state to meet the varying and complex needs of individuals with
12 developmental disabilities, with emphasis on increasing the number of
13 recipients of waiver services, and administered by the Louisiana Department of
14 Health. Such funding shall be used for the purpose of adding additional waiver slots
15 and shall not be used to supplant appropriations from the general fund for the New
16 Opportunities Waiver program waiver services as defined in this Section. Nothing
17 contained in this Subpart shall prohibit the legislature from appropriating additional
18 monies for the New Opportunities Waiver slot program waiver services as defined
19 in this Section.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.