§ 28:451.3 — Administration of the provisions of this Chapter; responsibilities of human services

Louisiana § 28:451.3

• Jurisdiction: Louisiana
• Title 28: Mental Health

Text

§451.3. Administration of the provisions of this Chapter; responsibilities of human services
authorities and districts; advisory committees
A. The provisions of this Chapter shall be administered and coordinated by the office
according to regulations promulgated by the office in accordance with the Administrative
Procedure Act with input from state and local advisory committees. These rules shall be
applicable to all public and private providers of developmental disabilities services. The
office, through human services authorities and districts, shall serve as the single point of
entry into the system.
B. The assistant secretary of the office for citizens with developmental disabilities
shall be the administrative head of the office and shall be fully responsible for the
administration of the office, its administrative units, and the establishment of all
programmatic policies for services and supports for persons with developmental disabilities
and their families delivered under the auspices of the department.
C. The human services authorities and districts authorized by state law shall be
responsible for meeting the requirements assigned to the office by this Chapter for local
developmental disabilities services delivery, development, and implementation in the area
of their geographic assignment.
D.(1) Human services authorities and districts shall maintain advisory committees.
These advisory committees shall perform all of the following functions:
(a) Provide public input into the authority or district planning process and comment
on regulations proposed by the office.
(b) Receive timely information on the budgets of their respective human services
authorities and districts, in addition to information on implementation of all services and
quality assurance reports by those authorities and districts, and advise the authorities and
districts.
(c) Collaborate with the human services authorities and districts to develop outreach
plans for each geographic area. Such outreach plans shall provide for public dissemination
of information regarding developmental disabilities and the services available through the
human services authorities and districts.
(2) Each advisory committee shall be composed of a minimum of twelve members
who represent positions and philosophies held by various groups and advocates for persons
with developmental disabilities. The membership of each advisory committee shall include,
but not be limited to:
(a) Persons with developmental disabilities.
(b) Parents and family members representing a cross section of developmental
disabilities services.
(c) Private providers.
(d) Representatives of advocacy organizations and community stakeholders
representing a cross section of developmental disabilities services.
(e) Public providers and administrators of administrative units and human services
authorities and districts, who may be appointed as ad hoc, non-voting members of the
advisory committee.
E. The local authority, organized as a human services authority or district, shall
discharge the following duties:
(1) Appoint the committee members from names submitted by consumer, provider,
and advocacy groups, with the approval of the assistant secretary of the office, who shall
ensure that committee composition is in compliance with the state law.
(2) Ensure that at least sixty percent of the membership of each committee is
composed of persons with developmental disabilities and parents and family members
representing a cross section of developmental disabilities services.
F.(1) The office shall establish a state advisory committee which shall be organized
as follows:
(a) The state advisory committee shall consist of at least two people from each
human services authority or district advisory committee.
(b) At least sixty percent of the membership shall be comprised of persons with
developmental disabilities and parents and family members representing a cross section of
developmental disabilities services.
(c) The membership of the state advisory committee shall include at a minimum, but
not be limited to the following:
(i) Persons with developmental disabilities.
(ii) Parents and family members representing persons who receive a cross section of
developmental disabilities services.
(iii) Private providers.
(iv) A representative of the American Federation of State, County, and Municipal
Employees Council #17.
(v) Representatives of advocacy organizations representing a cross section of
developmental disabilities services.
(vi) Public providers and administrators of local administrative units and human
services authorities and districts, who may be appointed as ad hoc, non-voting members of
the state advisory committee.
(2) The assistant secretary of the office shall appoint the committee members, with
the approval of the secretary of the department, from names submitted by the regional
advisory committees.
(3)(a) The state advisory committee shall coordinate with all human services
authority and district advisory committees, and shall use data provided by those committees
in the deliberations of the committee.
(b) The state advisory committee shall provide public input to the office regarding
proposed regulations and the development of state planning and budget.
G. The regulations promulgated by the office pursuant to this Section shall:
(1) Promote coordination among the office, human services authorities and districts,
and state and local advisory committees.
(2) Promote responsiveness by the office and human services authorities and districts
to input from persons who receive developmental disabilities services and family members
and providers regarding the delivery of services.
H. The department shall promulgate rules and regulations for the assessment of
charges in accordance with the ability to pay and in accordance with applicable state or
federal law and the following:
(1) It is not the intent of this Chapter that developmental disabilities services be
provided at no cost to persons who are financially able to pay for these costs, in whole or in
part.
(2) The person shall pay, in whole or in part, the costs of the developmental
disabilities supports and services for which the person may be liable under provisions of this
Chapter.

Legislative History

Acts 2005, No. 128, §1, eff. June 22, 2005; Acts 2015, No. 20, §1, eff. May 29, 2015.