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2023 Regular Session
SENATE BILL NO. 39
BY SENATORS BOUDREAUX, BARROW, HARRIS AND HENRY
FUNDS/FUNDING. Establishes the Community Options Waiver Fund and provides for
dedication of revenues and use of monies in the fund. (7/1/23)
1 AN ACT
2 To 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 for an effective date; and to provide
7 for related matters.
8 Be 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
10 39 of the Louisiana Revised Statutes of 1950 is hereby amended and reenacted and R.S.
11 39:100.62 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:
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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. 39
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1 (a) In any fiscal year, after deposits required pursuant to R.S. 39:100.61,
2 the state treasurer is directed to deposit twelve percent of the total of recurring
3 state general fund revenue as recognized by the Revenue Estimating Conference
4 in excess of the official forecast at the beginning of the current fiscal year, not
5 to exceed fifty million dollars in any fiscal year, into the fund, and monies in the
6 fund from this Subparagraph shall be used for appropriation in the ensuing
7 fiscal year.
8 (b) Monies designated for the fund and received by the state treasurer
9 from donations, gifts, grants, appropriations, or other revenue.
10 (2) Monies in the fund shall be invested in the same manner as monies
11 in the state general fund. Interest earned on investment of monies in the fund
12 shall be credited to the fund. Unexpended and unencumbered monies in the
13 fund at the end of the fiscal year shall remain in the fund.
14 (3) For the purposes of this Section, "waiver services" means Medicaid
15 services provided under the Community Choices Waiver or the Adult Day
16 Health Care Waiver or any other Medicaid home and community-based service
17 for persons with adult-onset disabilities as promulgated by rule by the
18 Louisiana Department of Health. The Louisiana Department of Health shall
19 consult with stakeholders representing persons with adult-onset disabilities to
20 develop a plan for appropriations out of the fund.
21 C. Subject to an appropriation by the legislature, monies in the fund
22 shall be used solely to fund waiver services, to improve the capacity of the state
23 to meet the varying and complex needs of individuals with adult-onset
24 disabilities, and shall be administered by the Louisiana Department of Health.
25 Such funding shall not be used to supplant appropriations from the general
26 fund for waiver services. Nothing contained in this Subpart shall prohibit the
27 legislature from appropriating additional monies for waiver services.
28 Section 2. This Act shall become effective July 1, 2023. If vetoed by the governor
29 and subsequently approved by the legislature, this Act shall become effective on July 1,
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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. 39
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1 2023, or on the day following such approval by the legislature, whichever is later.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Curry Lann.
DIGEST
SB 39 Engrossed 2023 Regular Session Boudreaux
Proposed law establishes the Community Options Waiver 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% of 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 million 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, 2023.
(Adds R.S. 39:100.62)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.