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CONTENTS January 2016 I. EXECUTIVE ORDERS BJ 15-31 Carry-Forward Bond Allocation 2015.............................................1 II. POLICY AND PROCEDURE MEMORANDA Governor Division of Administration, Office of State Procurement¾Delegated Procurement Authority; Standard and Special Delegations¾PPM 56 (LAC 4:V.Chapter 53)............................2 Procedures to Approve Brand Name, La MAS and Multi-State Cooperative Contracts—PPM 57 (LAC 4:V.Chapter 55)...........................................................3 III. EMERGENCY RULES Agriculture and Forestry Office of Agricultural and Environmental Sciences¾Horticulture and Quarantine Programs¾Xyloporosis (LAC 7:XV.127).................................................................6 Children and Family Services Economic Stability Section¾Supplemental Nutritional Assistance Program (SNAP) (LAC 67:III.1942) 6 Education Board of Elementary and Secondary Education¾Bulletin 118―Statewide Assessment Standards and Practices¾Achievement Levels and Performance Standards (LAC 28:CXI.Chapters 11, 13, 17, 18, 19, 23, and 24)....................................................................7 Governor Coastal Protection and Restoration Authority¾Cessation of Activities on Levees and Flood Control Structures (LAC 4:VII.2701)..............................................................13 Health and Hospitals Bureau of Health Services Financing¾Disproportionate Share Hospital Payments¾Inpatient Psychiatric Services¾Reimbursement Rate Reduction (LAC 50:V.959, 2709 and 2903)...........14 Home and Community-Based Services Waivers¾Adult Day Health Care Waiver¾Electronic Visit Verification (LAC 50:XXI.2705)................................................15 Home and Community-Based Services Waivers¾New Opportunities Waiver¾Emergency Opportunities (LAC 50:XXI.13709)......................................................16 Inpatient Hospital Services¾Children’s Specialty Hospitals¾Supplemental Payments for New Orleans Area Hospitals (LAC 50:V.969).................................................16 Inpatient Hospital Services¾Non-Rural, Non-State Hospitals¾Children’s Specialty Hospitals Reimbursements (LAC 50:V.967).................................................17 Inpatient Hospital Services¾Non-Rural, Non-State Hospitals¾Public Hospitals¾Supplemental Payments (LAC 50:V.963)................................................................18 Inpatient Hospital Services¾Non-Rural, Non-State Hospitals¾Supplemental Payments for Baton Rouge Area Hospitals (LAC 50:V.973).................................................19 Inpatient Hospital Services¾Non-Rural, Non-State Hospitals¾Supplemental Payments for Monroe Area Hospitals (LAC 50:V.971)......................................................20 Inpatient Hospital Services¾Public-Private Partnerships¾South Louisiana Area (LAC 50:V.1703) 21 Intermediate Care Facilities for Persons with Intellectual Disabilities¾Complex Care Reimbursements (LAC 50:VII.32915)............................................................22 Intermediate Care Facilities for Persons with Intellectual Disabilities—Public Facilities¾Reimbursement Rate Increase (LAC 50:VII.32969)..............................................23 Managed Care for Physical and Basic Behavioral Health—Non-Emergency Medical Louisiana Register Vol. 42, No. 01 January 20, 2016 i

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CONTENTSJanuary 2016

I.

EXECUTIVE ORDERS

BJ 15-31Carry-Forward Bond Allocation 20151

II.

POLICY AND PROCEDURE MEMORANDA

Governor

Division of Administration, Office of State Procurement(Delegated Procurement Authority; Standard

and Special Delegations(PPM 56 (LAC 4:V.Chapter 53)2

Procedures to Approve Brand Name, La MAS and Multi-State Cooperative ContractsPPM 57

(LAC 4:V.Chapter 55)3

III.

EMERGENCY RULES

Agriculture and Forestry

Office of Agricultural and Environmental Sciences(Horticulture and Quarantine Programs(Xyloporosis

(LAC 7:XV.127)6

Children and Family Services

Economic Stability Section(Supplemental Nutritional Assistance Program (SNAP) (LAC 67:III.1942)6

Education

Board of Elementary and Secondary Education(Bulletin 118Statewide Assessment Standards and

Practices(Achievement Levels and Performance Standards (LAC 28:CXI.Chapters 11, 13, 17, 18, 19,

23, and 24)7

Governor

Coastal Protection and Restoration Authority(Cessation of Activities on Levees and Flood Control Structures

(LAC 4:VII.2701)13

Health and Hospitals

Bureau of Health Services Financing(Disproportionate Share Hospital Payments(Inpatient Psychiatric

Services(Reimbursement Rate Reduction (LAC 50:V.959, 2709 and 2903)14

Home and Community-Based Services Waivers(Adult Day Health Care Waiver(Electronic Visit

Verification (LAC 50:XXI.2705)15

Home and Community-Based Services Waivers(New Opportunities Waiver(Emergency Opportunities

(LAC 50:XXI.13709)16

Inpatient Hospital Services(Childrens Specialty Hospitals(Supplemental Payments for New Orleans

Area Hospitals (LAC 50:V.969)16

Inpatient Hospital Services(Non-Rural, Non-State Hospitals(Childrens Specialty Hospitals

Reimbursements (LAC 50:V.967)17

Inpatient Hospital Services(Non-Rural, Non-State Hospitals(Public Hospitals(Supplemental Payments

(LAC 50:V.963)18

Inpatient Hospital Services(Non-Rural, Non-State Hospitals(Supplemental Payments for Baton Rouge

Area Hospitals (LAC 50:V.973)19

Inpatient Hospital Services(Non-Rural, Non-State Hospitals(Supplemental Payments for Monroe Area

Hospitals (LAC 50:V.971)20

Inpatient Hospital Services(Public-Private Partnerships(South Louisiana Area (LAC 50:V.1703)21

Intermediate Care Facilities for Persons with Intellectual Disabilities(Complex Care Reimbursements

(LAC 50:VII.32915)22

Intermediate Care Facilities for Persons with Intellectual DisabilitiesPublic Facilities(Reimbursement

Rate Increase (LAC 50:VII.32969)23

Managed Care for Physical and Basic Behavioral HealthNon-Emergency Medical Transportation

(LAC 50:I.3103)24

Outpatient Hospital ServicesChildrens Specialty HospitalsSupplemental Payments for New Orleans

Area Hospitals (LAC 50:V.6121)24

Outpatient Hospital ServicesNon-Rural, Non-State HospitalsSupplemental Payments for Baton Rouge

Area Hospitals (LAC 50:V.6905)25

Outpatient Hospital ServicesNon-Rural, Non-State HospitalsSupplemental Payments for Monroe Area

Hospitals (LAC 50:V.6903)26

This public document was published at a total cost of $1,650. Two hundred fifty copies of this public document were published in this monthly printing at a cost of $1,650. The total cost of all printings of this document including reprints is $1,650. This document was published by Moran Printing, Inc. 5425 Florida Boulevard, Baton Rouge, LA 70806, as a service to the state agencies in keeping them cognizant of the new rules and regulations under the authority of R.S. 49:950-971 and R.S. 49:981-999. This material was printed in accordance with standards for printing bystate agencies established pursuant to R.S. 43:31. Printing of this material was purchased in accordance with the provisions of Title 43 of theLouisiana Revised Statutes.

The Office of the State Register provides auxiliary aids for the Louisiana Register for visually impaired individuals. By appointment, oral presentation of the Louisiana Register is available at the Office of the State Register, or an audio cd of requested sections of the Louisiana Register can be provided for the production cost incurred. For more information contact the Office of the State Register.

Outpatient Hospital ServicesPublic-Private PartnershipsSouth Louisiana Area (LAC 50:V.6703)27

Pharmacy Benefits Management ProgramMethods of Payment (LAC 50:XXIX.105 and Chapter 9)28

Pharmacy Benefits Management ProgramState Supplemental Rebate Agreement Program

(LAC 50:XXIX.Chapter 11)28

Office of Aging and Adult Services(Home and Community-Based Services Waivers(Adult Day Health Care

Waiver(Electronic Visit Verification (LAC 50:XXI.2705)15

Office for Citizens with Developmental Disabilities(Home and Community-Based Services Waivers

New Opportunities Waiver(Emergency Opportunities (LAC 50:XXI.13709)16

Wildlife and Fisheries

Wildlife and Fisheries Commission(2016-17 Commercial King Mackerel Season29

Closures to Deer Hunting Seasons29

Partial Closure of State Outside Waters to Shrimping30

Partial Deer Hunting Season Closure30

Workforce Commission

Office of Workers Compensation(Fees (LAC 40:I.6605)31

Plumbing Board(Plumbing (LAC 46:LV.101, Chapter 3 and 1005)31

IV.

RULES

Culture, Recreation and Tourism

Office of Tourism(Welcome Centers (LAC 25:V.505)35

Economic Development

Office of Business Development(Angel Investor Tax Credit (LAC 13:I.3307 and 3309)35

Office of Business Development, Office of Entertainment Industry Development(Louisiana Digital Media and

Software Act (LAC 61:I.1667)36

Louisiana Sound Recording Investor Tax Credit Program (LAC 61:I.Chapter 16)37

Motion Picture Investor Tax Credit Program (LAC 61:I.Chapter 16)39

Musical and Theatrical Production Income Tax Credit Program (LAC 61:I.1693, 1695, 1701, and 1703)40

Office of the Secretary(Research and Development Tax Credit Program (LAC 13:I.2904, 2905 and 2915)41

Education

Board of Elementary and Secondary Education(Bulletin 139Louisiana Child Care and Development Fund

Programs (LAC 28:CLXV.103, Chapter 5, and 903)42

Student Financial Assistance Commission, Office of Student Financial Assistance(Bylaws of the Advisory

Committee to the Student Financial Assistance Commission (LAC 28:V.221 and 233)49

Scholarship/Grant Programs(Acts of the 2015 Regular Session

(LAC 28:IV.Chapter 20)46

TOPS GPA Calculation (LAC 28:IV.705, 803 and 805)47

Governor

Division of Administration, Office of Group Benefits(Employee Benefits (LAC 32:I.317)51

Division of Administration, Office of State Procurement(Reverse Auction (LAC 34:V.Chapter 5)51

Licensing Board for Contractors(Specialty Classifications and Labor Only (LAC 46:XXIX.1515 and 1517)52

Real Estate Commission(Disbursement of Escrow Deposits (LAC 46:LXVII.2901)53

Health and Hospitals

Board of Dentistry(Anesthesia/Analgesia Administration (LAC 46:XXXIII.Chapter 15)53

Complaints, Investigation, and Informal Resolution; Formal Adjudication; Informal Disposition of

Complaints (LAC 46:XXXIII.Chapters 8, 9 and 11)56

Dental Hygienists (LAC 46:XXXIII.Chapter 7)58

Dental Practice Address and Mailing Address and Portable and Mobile Dentistry Permits

(LAC 46:XXXIII.304 and 313)59

Bureau of Health Services Financing(Adult Mental Health Services(Covered Services and Recipient

Qualifications (LAC 50:XXXIII.Chapters 61-67)59

Facility Need Review(Outpatient Abortion Facilities (LAC 48:I.Chapter 125)61

Home and Community-Based Services Waivers(Residential Options Waiver(Reserved Capacity Group

(LAC 50:XXI.16107, 16343, 16701 and 16901)62

Nursing Facilities(Non-State Governmental Organizations(Supplemental Payments (LAC 50:II.20029)63

Office of Behavioral Health(Adult Mental Health Services(Covered Services and Recipient Qualifications

(LAC 50:XXXIII.Chapters 61-67)59

Drug Regulations(Opioid Antagonist Administration (LAC 48:I.3901)64

Office for Citizens with Developmental Disabilities(Home and Community-Based Services Waivers

Residential Options Waiver(Reserved Capacity Group (LAC 50:XXI.16107, 16343, 16701 and 16901)62

Insurance

Office of the Commissioner(Regulation 51Individual Health Insurance Rating Requirements

(LAC 37:XIII.Chapter 27)65

Regulation 52(Small Group Health Insurance(Rating Requirements (LAC 37:XIII.Chapter 29)66

Revenue

Office of Alcohol and Tobacco Control(Regulation IX(Prohibition of Certain Unfair Business Practices

(LAC 55:VII.317)66

State

Business Services Division(Foreign Corporations Penalty Schedule (LAC 19:V.701 and 703)69

Treasury

Board of Trustees of the Louisiana State Employees' Retirement System(Limitation on Earnings

(LAC 58:I.2513)69

Board of Trustees of the Municipal Police Employees Retirement System(Vesting of Benefits on Plan

Termination (LAC 58:XVIII.105)70

Wildlife and Fisheries

Wildlife and Fisheries Commission(Removal of Abandoned Crab Traps (LAC 76:VII.367)70

V.

NOTICE OF INTENT

Children and Family Services

Division of Programs, Licensing Section(Child Day Care Centers (LAC 67:III.Chapter 73)72

Education

Board of Elementary and Secondary Education(Bulletin 111(The Louisiana School, District, and State

Accountability System