HLS 22RS-1019 ENGROSSED
2022 Regular Session
HOUSE BILL NO. 645
BY REPRESENTATIVES MAGEE AND EDMONSTON
FUNDS/FUNDING: Establishes the Community Options Waiver Fund and provides for
dedication of revenues and use of monies in the fund
1 AN ACT
2To amend and reenact the heading of Subpart O of Part II-A of Chapter 1 of Subtitle I of
3 Title 39 of the Louisiana Revised Statutes of 1950 and to enact R.S. 39:100.62,
4 relative to special funds; to create the Community Options Waiver Fund as a special
5 fund in the state treasury; to provide for dedication of certain revenues and for the
6 deposit and use of monies in the fund; to provide an effective date; and to provide
7 for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. The heading of Subpart O of Part II-A of Chapter 1 of Subtitle I of Title
1039 of the Louisiana Revised Statutes of 1950 is hereby amended and reenacted and R.S.
1139:100.62 is hereby enacted to read as follows:
12 SUBPART O. NEW OPPORTUNITIES WAIVER FUND FUNDS
13 * * *
14 ยง100.62. Community Options Waiver Fund
15 A. There is hereby created in the state treasury, as a special fund, the
16 Community Options Waiver Fund, hereinafter referred to as the "fund."
17 B.(1) The source of monies in the fund shall be as follows:
18 (a) In any fiscal year, after deposits required pursuant to R.S. 39:100.61, the
19 state treasurer is directed to deposit twelve percent of the total of recurring state
20 general fund revenue as recognized by the Revenue Estimating Conference in excess
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CODING: Words in struck through type are deletions from existing law; words underscored
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HB NO. 645
1 of the official forecast at the beginning of the current fiscal year, not to exceed fifty
2 million dollars in any fiscal year, into the fund, and monies in the fund from this
3 Subparagraph shall be used for appropriation in the ensuing fiscal year.
4 (b) Monies designated for the fund and received by the state treasurer from
5 donations, gifts, grants, appropriations, or other revenue.
6 (2) Monies in the fund shall be invested in the same manner as monies in the
7 state general fund. Interest earned on investment of monies in the fund shall be
8 credited to the fund. Unexpended and unencumbered monies in the fund at the end
9 of the fiscal year shall remain in the fund.
10 (3) For the purposes of this Section, "waiver services" means Medicaid
11 services provided under the Community Choices Waiver or the Adult Day Health
12 Care Waiver or any other Medicaid home and community based service for persons
13 with adult-onset disabilities as promulgated by rule by the Louisiana Department of
14 Health. The Louisiana Department of Health shall consult with stakeholders
15 representing persons with adult-onset disabilities to develop a plan for appropriations
16 out of the fund.
17 C. Subject to an appropriation by the legislature, monies in the fund shall be
18 used solely to fund waiver services, to improve the capacity of the state to meet the
19 varying and complex needs of individuals with adult-onset disabilities, and shall be
20 administered by the Louisiana Department of Health. Such funding shall not be used
21 to supplant appropriations from the general fund for waiver services. Nothing
22 contained in this Subpart shall prohibit the legislature from appropriating additional
23 monies for waiver services.
24 Section 2. This Act shall become effective July 1, 2022. If vetoed by the governor
25and subsequently approved by the legislature, this Act shall become effective on July 1,
262022, or on the day following such approval by the legislature, whichever is later.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-1019 ENGROSSED
HB NO. 645
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 645 Engrossed 2022 Regular Session Magee
Abstract: Creates the Community Options Waiver Fund (fund) and provides for dedication
and uses of monies in the fund
Proposed law establishes the fund to provide additional revenues for Medicaid services
provided under the Community Choices Waiver or the Adult Day Health Care Waiver or any
other Medicaid home and community-based service for persons with adult-onset disabilities.
Requires the treasurer to annually deposit into the fund an amount equal to 12% the total of
recurring state general fund revenue as recognized by the Revenue Estimating Conference
in excess of the Official Forecast at the beginning of the current fiscal year, not to exceed
$50,000,000 dollars in any fiscal year. Requires interest earned on investment of monies
in the fund be credited to the fund and. Authorizes unexpended and unencumbered monies
in the fund at the end of the fiscal year to remain in the fund. Requires the La. Dept. of
Health to consult with the stakeholders representing persons with adult-onset disabilities to
develop a plan for use of fund monies.
Effective July 1, 2022.
(Adds R.S. 39:100.62)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Appropriations to the
original bill:
1. Authorize use of fund monies to provide Medicaid home and community-based
services for persons with adult-onset disabilities.
2. Change the requirement that the La. Dept. of Health consult with the
Developmental Disabilities Council to develop a plan for use of fund monies to
consultation with stakeholders representing persons with adult-onset disabilities.
3. Make technical changes.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.