Louisiana § 39:100.61 New Opportunities Waiver Fund

Louisiana Statutes

§ 39:100.61 — New Opportunities Waiver Fund

Louisiana § 39:100.61

Title 39Procurement and Contract

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Bluebook

La. Stat. Ann. § 39:100.61 (2026).

Text

§100.61. New Opportunities Waiver Fund A. There is hereby created in the state treasury, as a special fund, the New Opportunities Waiver Fund, hereinafter referred to as the "fund." B.

(1)The source of monies in the fund shall be as follows:

(a)In any fiscal year, the state treasurer is directed to deposit twelve percent of all recurring state general fund revenue, not to exceed fifty million dollars in any fiscal year, as recognized by the Revenue Estimating Conference in excess of the Official Forecast at the beginning of the current fiscal year into the fund, and monies in the fund from this Subparagraph shall be used for appropriation in the ensuing fiscal year.

(b)Monies designated for the fund and received by the state treasurer from donations, gifts, grants, appropriations, or oth

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§100.61. New Opportunities Waiver Fund
A. There is hereby created in the state treasury, as a special fund, the New
Opportunities Waiver Fund, hereinafter referred to as the "fund."
B.(1) The source of monies in the fund shall be as follows:
(a) In any fiscal year, the state treasurer is directed to deposit twelve percent of all
recurring state general fund revenue, not to exceed fifty million dollars in any fiscal year, as
recognized by the Revenue Estimating Conference in excess of the Official Forecast at the
beginning of the current fiscal year into the fund, and monies in the fund from this
Subparagraph shall be used for appropriation in the ensuing fiscal year.
(b) Monies designated for the fund and received by the state treasurer from
donations, gifts, grants, appropriations, or other revenue.
(2) Monies in the fund shall be invested in the same manner as monies in the state
general fund. Interest earned on investment of monies in the fund shall be credited to this
fund. Unexpended and unencumbered monies in the fund at the end of the fiscal year shall
remain in the fund.
(3) For the purposes of this Section, "waiver services" means Medicaid services
provided under the New Opportunities Waiver, the Children's Choice Waiver, or any other
Medicaid home and community-based waiver for persons with developmental disabilities as
promulgated by rule by the Louisiana Department of Health. The Louisiana Department of
Health shall consult with the Louisiana Developmental Disabilities Council to develop a plan
for appropriations out of this fund.
C. Subject to an appropriation by the legislature, monies in the fund shall be used
solely to fund waiver services, as defined in this Section, to improve the capacity of the state
to meet the varying and complex needs of individuals with developmental disabilities, with
emphasis on increasing the number of recipients of waiver services, and administered by the
Louisiana Department of Health. Such funding shall not be used to supplant appropriations
from the general fund for waiver services as defined in this Section. Nothing contained in
this Subpart shall prohibit the legislature from appropriating additional monies for waiver
services as defined in this Section.

Legislative History

Acts 2007, No. 481, §1, eff. July 1, 2007; Acts 2012, No. 508, §1, eff. July 1, 2012; Acts 2018, No. 665, §1; Acts 2023, No. 187, §1, eff. July 1, 2023.