§ 28:771 — Office of behavioral health; functions regarding substance-related and addictive

Louisiana § 28:771

• Jurisdiction: Louisiana
• Title 28: Mental Health

Text

§771. Office of behavioral health; functions regarding substance-related and addictive
disorders
A. The office of behavioral health of the Louisiana Department of Health, hereinafter
referred to as the "office", shall perform the functions of the state relating to the care,
training, treatment, and education of persons suffering from substance-related and addictive
disorders and the prevention of those disorders. It shall administer residential and outpatient
care facilities of the state for substance-related and addictive disorder patients and administer
the substance-related and addictive disorders programs in the state.
B. The office shall additionally have the following duties and responsibilities:
(1) Formulation and implementation of policies relating to the treatment and
prevention of substance-related and addictive disorders in accordance with applicable state
law; however, the provisions of this Section shall not apply to the Substance Abuse
Prevention Program of the Department of Education and the Highway Safety Act of 1966
(P.L. 89-564) administered by the Highway Safety Commission of the Department of Public
Safety and Corrections.
(2) Provision of all services to persons suffering from substance-related and
addictive disorders which were formerly provided by the office of prevention and recovery
from alcohol and drug abuse of the Louisiana Department of Health and such services
otherwise required by law. The office may provide such services directly or through
contracts with local, state, or federal agencies or private care providers.
(3) Administration of all programs relating to substance-related and addictive
disorders listed in this Title.
(4) Coordination of all programs of all state departments relating to substance-related
and addictive disorders, including assisting such agencies in the assessment and referral of
persons subject to their jurisdiction. The office shall also establish and implement an
employee assistance program on substance-related and addictive disorders for state
employees.
(5)(a) Provision of assessment, referral, and treatment services for substance-related
and addictive disorders to persons subject to the custody of state, municipal, or parish
correctional institutions pursuant to agreements with such institutions and to persons subject
to driving while intoxicated programs. In addition to any charges established by the
department for treatment services by the office provided to persons subject to driving while
intoxicated programs, the department may assess every patient in such program to whom the
office provides treatment services a standard copayment fee of ten dollars per session subject
to applicable federal regulations. A patient whose treatment is provided by the office
through a private contractor shall not be assessed a copayment fee as provided above.
Nothing in this Paragraph shall be construed to prohibit such a private provider from
assessing fees otherwise allowable under applicable federal and state laws.
(b) The copayment provided for in this Paragraph shall be deposited in the state
treasury pursuant to R.S. 39:82 and shall be accounted for by the commissioner of
administration through appropriations control pursuant to R.S. 39:334(B)(6). The
commissioner of administration shall establish a separate cost center in the office of
behavioral health and the office for citizens with developmental disabilities for revenue
generated pursuant to this Paragraph. All funds not obligated shall revert to the state general
fund at the end of the fiscal year.
(6) Maintenance of complete statistics and other relevant information on substance-related and addictive disorders within the state of Louisiana and provision of such
information to interested agencies, groups, and individuals upon request.
(7) Receive any federal funds available under Title XVIII, Title XIX, and Title XX
of the Social Security Act and any other funds specifically allocated for the prevention or
treatment of substance-related and addictive disorders and to use any such funds received.
(8) Development of procedures and criteria for determining, and, in accordance with
such procedures and criteria, determination of the ability of a patient or person receiving
services, or his legal guardian, to pay all or a part of the costs of the care or treatment of the
patient or recipient. The department shall promulgate rules and regulations to provide for
such determination and for the assessment of charges for care or treatment based on such
determination.
(9) Provide a twenty-four-hour, toll-free telephone service to provide information
regarding available services to assist with gambling disorders.
(10) Require any patient who is given a urine drug screen in a state-operated
outpatient or inpatient facility as part of his treatment by the office of behavioral health to
pay a copayment of not more than twelve dollars per screen to the provider of the screen if
he is able to pay such copayment based on a sliding fee scale. Such copayments shall be
charged and collected by the provider. The department shall promulgate rules and
regulations to establish a sliding fee scale and criteria for determining a patient's ability to
pay. Any patient eligible to receive Medicaid shall be exempt from the provisions of the
copayment requirements. The copayments shall be exempt from the provisions of R.S.
49:971(A)(3) which provide that no state agency shall increase any existing fee or impose
any new fee unless the fee increase or fee adoption is expressly authorized pursuant to a fee
schedule established by statute or specifically authorized by federal law, rules, or regulations
for the purpose of satisfying an express mandate of such federal law, rule, or regulation.
C. The services and programs as described in Subsections A and B of this Section
shall be the responsibility of and shall be performed by the Jefferson Parish Human Services
Authority for Jefferson Parish only. The department shall not be responsible for and shall
not perform these services and programs in Jefferson Parish.
D. The services and programs as described in Subsections A and B of this Section,
excluding the operation and management of any inpatient facility under the jurisdiction of
the department, shall be the responsibility of and shall be performed by the Capital Area
Human Services District for the parishes of Ascension, East Baton Rouge, East Feliciana,
Iberville, Pointe Coupee, West Baton Rouge, and West Feliciana only. The department shall
not be responsible for and shall not perform these services and programs in such parishes
provided that if funds are not appropriated by the legislature for the district to provide these
services and programs in those parishes, the department shall continue to be responsible for
and shall perform these services and programs in those parishes.
E. The services and programs as described in Subsections A and B of this Section,
excluding the operation and management of any inpatient facility for developmental
disabilities and mental health under the jurisdiction of the department, shall be the
responsibility of and shall be performed by the Florida Parishes Human Services Authority
for the parishes of Livingston, St. Helena, St. Tammany, Tangipahoa, and Washington only.
The department shall not be responsible for and shall not perform these services and
programs in such parishes provided that if funds are not appropriated by the legislature for
the authority to provide these services and programs in those parishes, the department shall
continue to be responsible for and shall perform these services and programs in those
parishes.
F. The services and programs as described in Subsections A and B of this Section,
excluding the operation and management of any inpatient facility under the jurisdiction of
the department, shall be the responsibility of and shall be performed by the Metropolitan
Human Services District for the parishes of Orleans, St. Bernard, and Plaquemines only. The
department shall not be responsible for and shall not perform these services and programs
in such parishes provided that if funds are not appropriated by the legislature for the district
to provide these services and programs in those parishes, the department shall continue to
be responsible for and shall perform these services and programs in those parishes.
G. The services and programs as described in Subsections A and B of this Section,
excluding the operation and management of any inpatient facility under the jurisdiction of
the department, shall be the responsibility of and shall be performed by the South Central
Louisiana Human Services District for the parishes of Assumption, Lafourche, St. Charles,
St. James, St. John the Baptist, St. Mary, and Terrebonne only. The department shall not be
responsible for and shall not perform these services and programs in such parishes provided
that if funds are not appropriated by the legislature for the district to provide these services
and programs in those parishes, the department shall continue to be responsible for and shall
perform these services and programs in those parishes.
H. The services and programs as described in Subsections A and B of this Section,
excluding the operation and management of any inpatient facility under the jurisdiction of
the department, shall be the responsibility of and shall be performed by the Northeast Delta
Human Services Authority for the parishes of Caldwell, East Carroll, Franklin, Jackson,
Lincoln, Madison, Morehouse, Ouachita, Richland, Tensas, Union, and West Carroll only.
The department shall not be responsible for and shall not perform these services and
programs in such parishes provided that if funds are not appropriated by the legislature for
the district to provide these services and programs in those parishes, the department shall
continue to be responsible for and shall perform these services and programs in those
parishes.

Legislative History

Acts 1988, 1st. Ex. Sess., No. 1, §1, eff. Mar. 28, 1988; Acts 1989, No. 159, §1; Acts 1989, No. 458, §1; Acts 1990, No. 94, §1; Acts 1993, No. 466, §1, eff. June 9, 1993; Acts 1993, No. 712, §1, eff. June 21, 1993; Acts 1995, No. 723, §1, eff. June 21, 1995; Acts 1996, 1st Ex. Sess., No. 54, §1; Acts 1999, No. 339, §1; Acts 2001, No. 826, §1, eff. June 26, 2001; Acts 2003, No. 594, §1, eff. June 27, 2003; Acts 2003, No. 846, §1, eff. July 1, 2003; Acts 2006, No. 449, §1, eff. June 15, 2006; Acts 2006, No. 631, §1, eff. June 23, 2006; Acts 2009, No. 384, §2, eff. July 1, 2010; Acts 2015, No. 401, §6(A); Acts 2017, No. 369, §2; Acts 2022, No. 271, §7.