2023 Regular Session ENROLLED
SENATE BILL NO. 39
BY SENATORS BOUDREAUX, BARROW, HARRIS AND HENRY AND
REPRESENTATIVES AMEDEE, BOYD, CARPENTER, COUSSAN,
EDMONDS, HUGHES, JEFFERSON, MARCELLE, NEWELL,
PIERRE, SELDERS AND WILLARD
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:
18 (a) In any fiscal year, after deposits required pursuant to R.S. 39:100.61,
19 the state treasurer is directed to deposit twelve percent of the total of recurring
20 state general fund revenue as recognized by the Revenue Estimating Conference
21 in excess of the official forecast at the beginning of the current fiscal year, not
22 to exceed fifty million dollars in any fiscal year, into the fund, and monies in the
23 fund from this Subparagraph shall be used for appropriation in the ensuing
24 fiscal year.
25 (b) Monies designated for the fund and received by the state treasurer
26 from donations, gifts, grants, appropriations, or other revenue.
ACT No. 187
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1 (2) Monies in the fund shall be invested in the same manner as monies
2 in the state general fund. Interest earned on investment of monies in the fund
3 shall be credited to the fund. Unexpended and unencumbered monies in the
4 fund at the end of the fiscal year shall remain in the fund.
5 (3) For the purposes of this Section, "waiver services" means Medicaid
6 services provided under the Community Choices Waiver or the Adult Day
7 Health Care Waiver or any other Medicaid home and community-based service
8 for persons with adult-onset disabilities as promulgated by rule by the
9 Louisiana Department of Health. The Louisiana Department of Health shall
10 consult with stakeholders representing persons with adult-onset disabilities to
11 develop a plan for appropriations out of the fund.
12 C. Subject to an appropriation by the legislature, monies in the fund
13 shall be used solely to fund waiver services, to improve the capacity of the state
14 to meet the varying and complex needs of individuals with adult-onset
15 disabilities, and shall be administered by the Louisiana Department of Health.
16 Such funding shall not be used to supplant appropriations from the general
17 fund for waiver services. Nothing contained in this Subpart shall prohibit the
18 legislature from appropriating additional monies for waiver services.
19 Section 2. This Act shall become effective July 1, 2023. If vetoed by the governor
20 and subsequently approved by the legislature, this Act shall become effective on July 1,
21 2023, or on the day following such approval by the legislature, whichever is later.
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.