CONTENTS May 2009
I. EXECUTIVE ORDER
BJ 09-05 Commission on Streamlining Government 837
II. EMERGENCY RULES
Governor
Division of Administration, Racing Commission—Jockey Fee Schedule (LAC 46:XLI.725) 839
Health and Hospital
Bureau of Health Services Financing—Adult Dentures―Reimbursement Rate Reduction (LAC 50:XXV.701) 839
End Stage Renal Disease Facilities—Reimbursement Rate Reduction (LAC 50:XI.6901 and 6903) 840
Home and Community-Based Services Waivers—Children's Choice—Money Follows the Person
Rebalancing Demonstration (LAC 50:XXI.Chapter 111) 841
Home and Community-Based Services Waivers—Children’s Choice―Reimbursement Rate Reduction
(LAC 50:XXI.12101) 842
Home and Community Based Services Waivers—Elderly and Disabled Adults—Reimbursement Rate
Reduction (LAC 50:XXI.9101) 843
Home and Community-Based Services Waivers—New Opportunities Waiver—Reimbursement Rate
Reduction (LAC 50:XXI.14301) 844
Home and Community-Based Services Waivers—New Opportunities Waiver—Resource Allocation
Model (LAC 50:XXI.13704) 845
Home and Community-Based Services Waivers—Supports Waiver―Reimbursement Rate Reduction
(LAC 50:XXI.6101) 846
Home Health Program―Durable Medical Equipment—Reimbursement Reduction (LAC 50:XIII.10301) 847
Home Health Program—Durable Medical Equipment—Reimbursement Reduction (LAC 50:XIII.10301) 848
Hospice—Payment for Long Term Care Residents—Reimbursement Rate Reduction (LAC 50:XV.4307) 849
Inpatient Hospital Services―Non-Rural, Non-State Hospitals―Outlier Payment Reduction
(LAC 50:V.954) 850
Inpatient Hospital Services―Non-Rural, Non-State Hospitals—Reimbursement Rate Reduction
(LAC 50:V.953, 955, and 959) 852
Facility Need Review—Home and Community-Based Service Providers (LAC 48:I.12501-12505
and 12523) 853
Medical Transportation Program—Emergency Ambulance Services―Reimbursement Rate Reduction
(LAC 50:XXVII.325 and 353) 855
Medical Transportation Program—Non-Emergency Ambulance Services—Reimbursement Rate
Reduction (LAC 50:XXVII.571) 856
Medical Transportation Program—Non-Emergency Medical Transportation—Reimbursement Rate
Reduction―(LAC 50:XXVII.573) 857
Mental Health Rehabilitation Program—Reimbursement Rate Reduction (LAC 50:XV.901) 858
Nursing Facility Minimum Licensing Standards—Emergency Preparedness Electronic Reporting
Requirements (LAC 48:I.9729) 858
Outpatient Hospital Services—Non-Rural, Non-State Hospitals—Reimbursement Rate Reduction
(LAC:V.5313, 5513, 5713, 5913 and 6115) 859
Personal Care Services—Long Term—Reimbursement Rate Reduction (LAC 50:XV.12917) 861
Pharmacy Program—Prior Authorization for Tamiflu and Relenza (LAC 50:XXIX.108) 861
Pharmacy Program—Prior Authorization for Tamiflu and Relenza (LAC 50:XXIX.108) 862
Professional Services Program―Anesthesia Services Reimbursement Rate Reduction
(LAC 50:IX.15111) 863
Prosthetics and Orthotics―Reimbursement Rate Reduction (LAC 50:XVII.501) 864
Targeted Case Management―Reimbursement Rate Reduction (LAC 50:XV.10701) 864
Targeted Case Management—Reimbursement Rate Reduction (LAC 50:XV.10701) 865
Citizens with Developmental Disabilities—Home and Community-Based Services Waivers—Children's
Choice—Money Follows the Person Rebalancing Demonstration (LAC 50:XXI.Chapter 111) 841
Home and Community-Based Services Waivers—Children’s Choice―Reimbursement Rate Reduction
(LAC 50:XXI.12101) 842
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Home and Community-Based Services Waivers—New Opportunities Waiver—Reimbursement Rate
Reduction (LAC 50:XXI.14301) 844
Home and Community-Based Services Waivers—New Opportunities Waiver—Resource Allocation
Model (LAC 50:XXI.13704) 845
Home and Community-Based Services Waivers—Supports Waiver―Reimbursement Rate Reduction
(LAC 50:XXI.6101) 846
Licensed Professional Counselors Board of Examiners—Licensure Requirements (LAC 46:LX.Chapter 33) 866
Office of Aging and Adult Services—Home and Community Based Services Waivers—Elderly and
Disabled Adults—Reimbursement Rate Reduction (LAC 50:XXI.9101) 843
Personal Care Services—Long Term—Reimbursement Rate Reduction (LAC 50:XV.12917) 861
Social Services
Office of Family Support—Jobs for America's Graduates Louisiana (JAG-LA) Program (LAC 67:III.5591) 868
Wildlife and Fisheries
Wildlife and Fisheries Commission—2009 Spring Inshore Shrimp Season 868
Fishing Closure—Plaquemines Parish 869
Office of Fisheries—Fishing Closure—South of Plaquemines Parish 869
III. RULES
Agriculture and Forestry
Agriculture and Environmental Sciences—Pesticides―Examinations, Restriction, Water and Fish Tissue
Sampling (LAC 7.XXIII.103, 121, 125, 129, 143, 173, 181, and 205) 870
Economic Development
Louisiana Economic Development Corporation—Economic Development Award Program
(EDAP) and Economic Development Loan Program (EDLOP)(LAC 13:III.Chapter 1) 870
Workforce Development and Training Program (LAC 13:III.Chapter 3) 883
Office of the Secretary, Office Development—Economic Development Award Program (EDAP) and
Economic Development Loan Program (EDLOP)(LAC 13:III.Chapter 1) 870
Governor's Economic Development Rapid Response Program (LAC 13:V.Chapter 2) 887
Workforce Development and Training Program (LAC 13:III.Chapter 3) 883
Education
Board of Elementary and Secondary Education— Bulletin 104―Louisiana Pre K-12 Educational
Technology Standards (LAC 28:LXXV.Chapter 1) 891
Bulletin 746―Louisiana Standards for State Certification of School Personnel―Out-of-State (OS)
Certificate (LAC 28:CXXXI.309) 893
Bulletin 746—Louisiana Standards for State Certification of School Personnel—Orientation and
Mobility (LAC 28:CXXXI.410) 894
Bulletin 1508―Pupil Appraisal Handbook (LAC 28:CI.Chapters 1-15) 894
Environmental Quality
Office of the Secretary, Legal Affairs Division—Exemption of VOCs (LAC 33:III.2117)(AQ304ft) 924
Solid Waste Buffer Zones (LAC 33:VII.508, 709, 717, and 719)(SW049) 925
Standards for the Use or Disposal of Sewage Sludge and Biosolids (LAC 33:IX.7301, 7303, 7305, 7307,
7309, 7313, and 7395)(WQ076) 926
Firefighters Retirement System
Processing Claims for Survivor Benefits—Determining Whether a Member Was Killed in the Line of
Duty (LAC 58:XIII.101) 949
Governor
Board of Architectural Examiners— Architects Selection Board―Vacancies (LAC 46:I.2117) 949
Division of Administration, Racing Commission—Permitted Medication (LAC 35:I.1507 and 1509) 950
Division of Administration, Office of Community Development—Community Water Enrichment Fund
(LAC 4:VII.Chapter 24) 951
Health and Hospitals
Board of Chiropractic Examiners—Chiropractic Professional Conduct and Due Process Procedures for
Ethics Violations (LAC 46:XXVII.301, 306, 307, 308, 310, 318, 320 and 501) 953
Bureau of Health Services Financing—Inpatient Hospital Services—Small Rural Hospitals
Reimbursement Methodology (LAC 50:V.1125 and 1127) 955
Outpatient Hospital Services—Small Rural Hospitals and State-Owned Hospitals—Reimbursement
Methodology (LAC 50:V.Chapters 51-61) 955
Rural Health Clinics—Reimbursement Methodology (LAC 50:XI.16705) 957
Insurance
Office of the Commissioner—Regulation 97—Vehicle Tracking Systems (LAC 37:XIII.Chapter 133) 957
Public Safety and Corrections
Corrections Services—Drug-Free Workplace (LAC 22:I.207) 958
Social Services
Office of Community Services—Daycare Services (LAC 67:V.2301) 961
Office of Family Support—Licensing Class "A" Regulations for Day Care Centers Caring for Sick Children
(LAC 67:III.7388, 7389, 7390, 7391, 7392, 7393, 7395, and 7399) 961
TANF—Legal Access and Visitation (LAC 67:III.5567) 966
Office of the Secretary—Substance Abuse Testing (LAC 67:I.Chapter 1) 966
Wildlife and Fisheries
Wildlife and Fisheries Commission—Spanish Lake State Game and Fishing Preserve—Duties,
Responsibilities, and Regulations (LAC 76:III.329) 968
IV. NOTICES OF INTENT
Civil Service
Civil Service Commission—Layoffs 969
Performance Planning and Review 977
Suspension of Merit Increase 978
Education
Board of Elementary and Secondary Education—BESE Organization (LAC 28:I.501, 503, and 703) 979
Bulletin 741—Louisiana Handbook for School Administrators—Curriculum and Instruction
(LAC 28:CXV.2373, 2381, and 2382) 981
Bulletin 741—Louisiana Handbook for School Administrators—General Powers of Local Educational
Governing Authorities (LAC 25:CXV.303) 982
Bulletin 741—Louisiana Handbook for School Administrators—High School Graduation Requirements
(LAC 28:CXV.2319) 983
Bulletin 741—Louisiana Handbook for School Administrators—Requirements for Teachers
(LAC 28:CXV.3103) 985
Bulletin 1794—State Textbook Adoption Policy and Procedure Manual—Waivers (LAC 28:XXXIII.513) 986
Student Financial Assistance Commission, Office of Student Financial Assistance—Scholarship/Grant
Programs (LAC 28:IV.301, 1303, and 1903) 987
Environmental Quality
Office of the Secretary, Legal Affairs Division—Interstitial Monitoring Requirement for Emergency Power
Generator UST Systems (LAC 33:XI.101 and 303)(UT016) 988
Louisiana Water Pollution Control Fee System Regulation (LAC 33:IX.1309, 1311, 1313, 1315, 1317,
and 1319)(WQ070) 990
Governor
Board of Architectural Examiners—Licensure Renewal Procedures (LAC 46:I.1301) 1016
Board of River Port Pilot Commissioners—River Port Pilots (LAC 46:LXX.Chapters 31-36) 1017
Health and Hospitals
Board of Medical Examiners—Physician Licensure and Practice; Telemedicine
(LAC 46:XLV.408 and Chapter 75) 1022
Veterinary Medicine—Continuing Veterinary Medicine Education (LAC 46:LXXXV.403, 409, 413,
811, and 1227) 1026
Public Safety and Corrections
Gaming Control Board—Advertising—Compulsive and Problem Gaming (LAC 42:VII.2927; IX.2919;
and XIII.2927) 1029
Revenue
Policy Services Division—Income Tax Withholding Tables (LAC 61:I.1501) 1030
Wildlife and Fisheries
Wildlife and Fisheries Commission—Deer Management Assistance Program (LAC 76:V.111) 1031
Special Residential Facility Fishing Permit (LAC 76:I.337) 1034
V. POTPOURRI
Agriculture and Forestry
Horticulture Commission—Retail Floristry Examination 1035
Environmental Quality
Office of Environmental Assessment—Louisiana Environmental Analytical Database Management
System (LEADMS) 1035
Office of the Secretary, Legal Affairs Division—Advanced Notice of Rulemaking and Solicitation
of Comments on Comprehensive Toxic Air Pollutant Emission Control Program, Log #AQ297
(LAC 33:III.211, 5101, 5103, 5105, and 5107) 1035
Advanced Notice of Rulemaking and Solicitation of Comments on Criteria Pollutant Emissions Inventory,
Log #AQ300 (LAC 33:III.111, 311, 501, 605, 918, 919, 1513, 2115, 2153) 1038
Health and Hospitals
Office of Public Health, Maternal and Child Health Section 1048
Natural Resources
Office of Conservation—Orphaned Oilfield Sites 1049
Office of Conservation, Environmental Division—Advanced Notice of Rulemaking and Solicitation of
Comments on Exploration and Production ("E and P") Waste Manifest System Requirements for
Commercial Facilities (LAC 43:XIX.545) 1049
Office of the Secretary, Fishermen's Gear Compensation Fund—Loran Coordinates 1050
Social Services
Office of Community Services— Public Review of 2009 Annual Progress and Services Report (APSR)
and 2010-2015 Child and Family Services Plan (CFSP) 1050
VI. INDEX 1052
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Louisiana Register Vol. 35, No. 05 May 20, 2009
Executive Orders
i
Louisiana Register Vol. 35, No. 05 May 20, 2009
EXECUTIVE ORDER BJ 09-05
Commission on Streamlining Government
WHEREAS, the State of Louisiana faces a greater projected shortfall for fiscal year 2012 as compared to fiscal year 2010, due in large part from the anticipated expiration of billions in temporary federal stimulus dollars in the next two years;
WHEREAS, the loss of federal funds will leave a significant funding gap in the state budget for government expenditures;
WHEREAS, Louisiana needs to act now to reduce the size and cost of government in preparation for these severe revenue reductions; and
WHEREAS, input from public service and private sector leaders will assist in targeting state programs and agencies whose functions can be consolidated or eliminated and identifying opportunities for privatizing and outsourcing current state functions, while making sure that state-funded programs and services demonstrate effective and efficient performance and meet the needs of the citizens;
NOW THEREFORE, I, BOBBY JINDAL, Governor of the State of Louisiana, by virtue of the authority vested by the Constitution and the laws of the State of Louisiana, do hereby order and direct as follows:
SECTION 1: The Commission on Streamlining Government (hereafter Commission) is hereby established. Its mission is to examine each state department or agency’s constitutional and statutory functions, powers, duties and responsibilities to determine which of these functions, powers, duties and responsibilities can be
(1) eliminated,
(2) streamlined,
(3) consolidated,
(4) privatized, or
(5) outsourced in an effort to reduce the size and cost of state government.
SECTION 2: The duties of the Commission shall include, but are not limited to, the following:
A. Review whether an activity provided by a state agency or entity should be eliminated, streamlined, consolidated, privatized, or outsourced to provide the same or greater type and quality of activity, function, program, or service that would result in cost savings or greater efficiency or effectiveness of service.
B. Recommend elimination, consolidation, privatization, or outsourcing of a state agency or entity, department, or function if a proposed elimination, consolidation, privatization, or outsourcing is demonstrated to provide a more cost efficient or more effective manner of providing a governmental service.
C. Review agency activities, functions, programs, and services to ensure they are not duplicative and are necessary, meeting or exceeding performance standards, and meeting the needs of Louisiana citizens.
D. Evaluate the operation of public institutions and services to determine if, given the evolution of available alternative resources, these services may be provided in a more cost-effective manner without impacting the quality or availability of needed services.
E. Recommend standards, processes, and guidelines for the Commission and state agencies to use in order to review and evaluate government activities to eliminate, streamline, consolidate, privatize, or outsource.
SECTION 3: The Commission shall be composed of thirteen (13) members as follows, seven (7) of which shall form a quorum:
A. The Commissioner of the Division of Administration, as the Governor’s designee;
B. The Speaker of the House of Representatives or the Speaker’s designee;
C. The President of the Senate or the President’s designee;
D. The State Treasurer;
E. The Secretary of the Department of Health and Hospitals;
F. The Secretary of the Department of Natural Resources;
G. The Executive Director of the Louisiana Workforce Commission;
H. The Chairman of the House Appropriations Committee;
I. The Chairman of the Senate Finance Committee;
J. Two (2) individuals engaged in private enterprise, appointed by the Governor;
K. One (1) individual engaged in private enterprise, appointed by the Speaker of the House of Representatives; and
L. One (1) individual engaged in private enterprise, appointed by the President of the Senate.
SECTION 4: The Commission may hold public hearings as part of its evaluation process, and may appoint advisory groups to conduct studies, research or analyses, and make reports and recommendations with respect to a matter within the jurisdiction of the Commission. At least one member of the Commission shall serve on each advisory group.
SECTION 5: The Commission shall submit an initial report of its recommendations, including recommendations requiring legislation or administrative action, to the Governor, the President of the Senate, the Speaker of the House of Representatives, the Senate and Governmental Affairs Committee, the House and Governmental Affairs Committee, and the Commissioner of Administration no later than December 15, 2009.The Commission shall prepare the recommendation in the report as a reorganization plan and submit the plan to the Senate and Governmental Affairs Committee and the House and Governmental Affairs Committee for consideration by January 4, 2010. The plan shall be considered without amendment by the committees, meeting jointly, by February 1, 2010. If approved by each committee, legislative and executive action necessary to implement the approved reorganization plan shall be taken as soon as possible. The Commission shall submit a report annually before January first consisting of the status and implementation of the reorganization plan approved by the Senate and Governmental Affairs Committee and the House and Governmental Affairs Committee to the Governor, the President of the Senate, the Speaker of the House of Representatives, the Senate and Governmental Affairs Committee, and the House and Governmental Affairs Committee.