CONTENTS June 2017
I. EXECUTIVE ORDERS
JBE 17-11 Emergency Suspension of Certain Insurance Code Provisions¾Amended 1103
JBE 17-12 Flags at Half-Staff¾Honorable Al Ater 1103
JBE 17-13 Flags at Half-Staff¾Honorable Jimmy Martin 1104
II. POLICY AND PROCEDURE MEMORANDA
Governor
Division of Administration, Office of State Procurement¾Policy and Procedure Memoranda
State Procurement (LAC 4:V.Chapters 13, 17, 23, 47, 49, 51, and 55) 1105
PPM 49¾General Travel Regulations (LAC 4:V.Chapter 15) 1110
III. EMERGENCY RULES
Health
Bureau of Health Services Financing¾Disproportionate Share Hospital Payments¾Major Medical Centers
(LAC 50:V.2715) 1124
Inpatient Hospital Services¾Graduate Medical Education¾Supplemental Payments Pool Elimination
(LAC 50:V.1331) 1125
Inpatient Hospital Services¾High Medicaid Hospitals¾Supplemental Payments Pool Reduction
(LAC 50:V.953) 1126
Professional Services Program¾Reimbursement Methodology¾Supplemental Payments
(LAC 50:IX.15151 and 15153) 1126
Recovery Audit Contractor Program (LAC 50:I.Chapter 85) 1128
Wildlife and Fisheries
Wildlife and Fisheries Commission¾2016-17 King Mackerel Commercial Season Closure 1131
2016-17 King Mackerel Commercial Season Re-Opening 1131
IV. RULES
Economic Development
Office of Business Development¾Industrial Ad Valorem Tax Exemption Program (LAC 13:I.Chapter 5) 1132
Environmental Quality
Office of the Secretary, Legal Division¾Hazardous Waste Authorization¾Resource Conservation and
Recovery Act (RCRA) (LAC 33:V.108, 109, 309, 517, 537, 705, 1103, 1107, 1109, 1515, 1516, 1529,
1751, 1903, 1907, 2201, 2203, 2207, 2209, 2211, 2216, 2221, 2227, 2231, 2239, 2241, 2243, 2245,
2299, 3001, 3203, 3301, 3511, 4037, 4053, 4071, 4085, 4301, 4399, 4407, 4501, 4513, and 4999)
(HW107) 1138
Hazardous Waste Delisting¾Denka Performance Elastomer LLC (LAC 33:V.4999)(HW122) 1149
Secondary Hazardous Materials (LAC 33:V.105, 109, and 322)(HW118) 1151
Governor
Board of Pardons¾Clemency Consideration Eligibility and Application Filing (LAC 22:V.205 and 209) 1161
Division of Administration, Office of Facility Planning and Control¾Capital Improvement Projects
Procedure Manual (LAC 34:III.131) 1163
Real Estate Commission¾Disbursement of Escrow Deposits (LAC 46:LXVII.2901) 1163
Health
Board of Examiners of Psychologists¾Ethical Code of Conduct of Psychologists (LAC 46:LXIII.Chapter 13) 1164
Fees (LAC 46:LXIII.601 and 603) 1173
Supervision of Psychologists and Licensed Specialists in School Psychology (LAC 46:LXIII.703 and 3301) 1173
Board of Medical Examiners¾Physician Assistants, Licensure and Certification; Practice
(LAC 46:XLV.Chapters 15 and 45) 1174
Bureau of Health Services Financing¾Nursing Facilities¾Preadmission Screening and Resident Review
(LAC 50:II.Chapter 5) 1178
Pharmacy Benefits Management Program (LAC 50:XXIX.Chapters 1-9) 1180
Office of Aging and Adult Services¾Nursing Facilities¾Preadmission Screening and Resident Review
(LAC 50:II.Chapter 5) 1178
This public document was published at a total cost of $2,000. Two hundred fifty copies of this public document were published in this monthly printing at a cost of $2,000. The total cost of all printings of this document including reprints is $2,000. 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 by
state agencies established pursuant to R.S. 43:31. Printing of this material was purchased in accordance with the provisions of Title 43 of the
Louisiana 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.
Public Safety and Corrections
Corrections Services¾Offender Mail and Publications (LAC 22:I.313) 1187
Treasury
Board of Trustees of the School Employees’ Retirement System¾Limitation on Benefits (LAC 58:VII.401) 1187
Wildlife and Fisheries
Wildlife and Fisheries Commission¾Sharks and Sawfishes¾Harvest Regulations (LAC 76:VII.357) 1187
VI. NOTICES OF INTENT
Children and Family Services
Child Welfare Division¾Safe Haven Relinquishment (LAC 67:V.1505) 1189
Licensing Section¾Residential Homes—Type IV (LAC 67:V.Chapter 71) 1190
Environmental Quality
Office of the Secretary, Legal Division¾Prevention of Significant Deterioration PSD Permits (LAC 33:III.509)
(AQ371ft) 1192
Regulatory Permit for Oil and Gas Well Testing (LAC 33:III.307)(AQ346) 1193
Regulatory Permit for Storage Vessels (LAC 33:III.321)(AQ348) 1194
Governor
Division of Administration, Racing Commission¾Receiving Barn (LAC 35:III.5708) 1196
Health
Behavior Analyst Board¾Continuing Education¾Licensed Behavior Analysts and State-Certified
Assistant Behavior Analysts (LAC 46:VIII.Chapter 8) 1197
Board of Dentistry¾Fees and Costs; Anesthesia/Analgesia Administration; Continuing Education
Requirements (LAC 46:XXXIII.122, 128, 301, 411, and 1511) 1199
Bureau of Health Services Financing¾Abortion Facilities¾Licensing Standards (LAC 48:I.4431) 1201
Pharmacy Benefits Management Program¾Managed Care Supplemental Rebates (LAC 50:XXIX.1103) 1204
Professional Services Program¾Enhanced Federal Medical Assistance Percentage Rate for Preventive
Services (LAC 50:IX.15101) 1206
Professional Services Program¾Reimbursement Methodology¾State-Owned or Operated Professional
Services Practices (LAC 50:IX.15110 and 15113) 1207
Emergency Response Network¾LERN Destination Protocol: Stroke (LAC 48:I.19303) 1208
Insurance
Office of the Commissioner¾Regulation 32¾Group and Individual Coordination of Benefits
(LAC 37:XIII.Chapter 3) 1210
Rule 3¾Advertisements of Accident and Sickness Insurance (LAC 37:XI.Chapter 13) 1216
Rule 3A¾Advertisement of Medicare Supplement Insurance (LAC 37:XI.Chapter 1) 1217
State
Business Services Division¾Military Personnel Powers of Attorney (LAC 19:V.101) 1219
Elections Division¾Voting Technology (LAC 31:I.Chapter 8) 1220
VI. POTPOURRI
Environmental Quality
Office of the Secretary, Legal Division¾State Implementation Plan for Regional Haze Program Electrical
Generating Units BART 1223
Health
Bureau of Health Services Financing¾2018 First Quarter Hospital Stabilization Assessment 1223
Public Hearing¾Substantive Changes to Proposed Rule¾Ambulatory Surgical Centers¾Licensing
Standards (LAC 48:I.4503, 4567, 4569 and 4573) 1223
Insurance
Office of Health, Life and Annuity Insurance¾Annual HIPAA Assessment Rate 1224
Natural Resources
Office of Conservation¾Orphaned Oilfield Sites 1225
VII. INDEX 1228
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Louisiana Register Vol. 43, No. 06 June 20, 2017
Executive Orders
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Louisiana Register Vol. 43, No. 06 June 20, 2017
EXECUTIVE ORDER JBE 17-11
Emergency Suspension of Certain
Insurance Code Provisions¾Amended
WHEREAS, the Louisiana Homeland Security and Emergency Assistance and Disaster Act, R.S. 29:721 et seq., confers upon the Governor of the State of Louisiana emergency powers to deal with emergencies and disasters, including those caused by fire, flood, earthquake or other natural or manmade causes, in order to ensure that preparations of this State will be adequate to deal with such emergencies or disasters and to preserve the lives and property of the people of the State of Louisiana;
WHEREAS, Proclamation No. 111 JBE 2016, issued on August 12, 2016, and continued by Proclamation No. 48 JBE 2017, declared a state of emergency for the State of Louisiana due to the heavy rain and flooding, which continues to threaten the safety and security of the citizens of Louisiana;
WHEREAS, Executive Order No. JBE 16-58, signed August 17, 2016, as amended and renewed by Executive Order Nos. JBE 16-71, signed October 11, 2016, and JBE 17-04, signed February 6, 2017, transferred to the Commissioner of Insurance limited authority to suspend provisions of any regulatory statute of Title 22 of the Louisiana Revised Statutes of 1950 concerning the cancellation, termination, nonrenewal and/or reinstatement provisions of Title 22;
WHEREAS, thousands of Louisiana citizens have suffered damage to their residential, commercial residential or commercial property due to the historic flooding, and many such properties have been severely damaged or destroyed;
WHEREAS, insurers have been working diligently to adjust and pay claims, however, due to a shortage in building materials, contractors, construction workers or delays in claim payments, many policyholders will be unable to repair and/or reconstruct their residential, commercial residential or commercial property within typical time frames;
WHEREAS, the extended time period to repair and/or reconstruct residential, commercial residential or commercial property continues to affect the ability of Louisiana insureds to maintain or obtain personal residential, commercial residential or commercial property insurance for residential property or commercial property and has created an immediate threat to the public health, safety and welfare of Louisiana citizens; and
WHEREAS, the Commissioner has requested and deemed it necessary to extend the time period for which he is extended the authority to suspend provisions of any regulatory statute of Title 22 of the Louisiana Revised Statutes of 1950 concerning the cancellation, termination, nonrenewal and/or reinstatement provisions of Title 22 due to the continued impact of the flooding.
NOW THEREFORE, I, JOHN BEL EDWARDS, 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: Section 3 of Executive Order JBE 2016-58, signed August 17, 2016, shall be amended as follows:
This Order shall apply retroactively from Friday, August 12, 2016, and shall continue through Monday, August 14, 2017, unless amended, terminated, or rescinded by the Governor prior thereto.
SECTION 2: All other paragraphs, subsections, and sections of Executive Order JBE 2016-58 shall remain in full force and effect.
SECTION 3: This Order is effective upon signature and shall continue in effect through Monday, August 14, 2017, unless amended, terminated, or rescinded by the Governor prior thereto.
IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the City of Baton Rouge, on this 8th day of May, 2017.
John Bel Edwards
Governor
ATTEST BY
THE GOVERNOR
Tom Schedler
Secretary of State
1706#050
EXECUTIVE ORDER JBE 17-12
Flags at Half-Staff¾Honorable Al Ater
WHEREAS, the Honorable Alan Ray Ater, also known as Al Ater, a resident of Ferriday, Louisiana, passed away on May 21, 2017 at the age of 63;
WHEREAS, Al Ater was elected to the Louisiana House of Representatives in 1983. He served two terms before serving as the first assistant to Louisiana Secretary of State Fox McKeithen. After the death of Secretary McKeithen, Al Ater became Louisiana Secretary of State. His advocacy for the citizens of Louisiana will be missed;
WHEREAS, during his tenure as Louisiana Secretary of State, he played a significant role in helping the displaced evacuees of New Orleans vote in the city’s election for mayor. He will be remembered for zealously arguing that it was a natural disaster that prevented the community from voting rather than a mere change in address.
WHEREAS, Al Ater was known for his commitment to his state and community especially during the hardships of Hurricane Katrina and its aftermath;
WHEREAS, Before he entered his polical career, Al Ater was an alumnus of Huntington High School in Ferriday, Louisiana as well as to Northwestern State University in Natchitotches, Louisiana.
WHEREAS, a father of three children; Whitney Lauren Ater, Thomas Alan Ater and Elliot Andrew Ater, he was a man devoted to his family and the state of Louisiana. Al Ater will be missed tremendously by those who knew him. After a lifetime of dedication to improving the State of Louisiana, the community he loved so dearly will forever be impacted by his service.
NOW THEREFORE, I, JOHN BEL EDWARDS, Governor of the State of Louisiana, by virtue of the authority vested by the Constitution and laws of the State of Louisiana, do hereby order and direct as follows:
SECTION 1: As an expression of respect and to honor the Al Ater, the flags of the United States and the State of Louisiana shall be flown at half-staff over the State Capitol on Friday, May 26, 2017.
SECTION 2: This Order is effective upon signature and shall remain in effect until sunset, Friday, May 26, 2017.
IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the City of Baton Rouge, on this 25th day of May, 2017.
John Bel Edwards
Governor
ATTEST BY
THE GOVERNOR
Tom Schedler
Secretary of State
1706#005
EXECUTIVE ORDER JBE 17-13
Flags at Half-Staff¾Honorable Jimmy Martin
WHEREAS, James Paul Martin, better known as Jimmy Martin, passed away on May 21, 2017 at the age of 88;
WHEREAS, before serving five terms in the Louisiana House of Representatives in 1972, he was elected as mayor of Welsh, Louisiana in 1967 and re-elected without opposition in 1971. His commitment to the citizens of Louisiana will be missed;
WHEREAS, a member of Our Lady of Seven Dolors, an usher, a member of East Deanery Serra Club and the Welsh Rotary Club, with a lifelong commitment to working with the Boy Scouts of America, Jimmy Martin actively participated and contributed to the community. Jimmy Martin received the Silver Beaver Award presented by the Calcasieu area Boy Scouts of America.
WHEREAS, Jimmy Martin was known for his service and commitment to the state and the citizens of his community;
WHEREAS, Before entering his polical career, Jimmy Martin was an alumnus of St. Stanislau in Bay St. Louis, Mississippi, he attended Southwestern Louisiana Institute of Lafayette (ULL) and graduated from Spring Hill College in Mobile, Alabama. He served in the Army during the Korean War before returning to Welsh, Louisiana where he was a field underwriter in the New York Life Insurance company.
WHEREAS, a father to; Paul M. Martin, Claude A. Martin, Andree M. Hainkel (John), and John S. Martin (Robert Mericle) and a grandfather to; Victor P. Martin, Alexandra M. Hainkel, Roth M. Hainkel, and Madilyn E. Martin. As well as a great-grandfather to Olivia A. Hainkel and a husband to Bernadine Fontenot Martin. Jimmy Martin will be missed tremendously by those who knew him. After a lifetime of dedication to improving the State of Louisiana, the community he loved so dearly will forever be impacted by his service.
NOW THEREFORE, I, JOHN BEL EDWARDS, Governor of the State of Louisiana, by virtue of the authority vested by the Constitution and laws of the State of Louisiana, do hereby order and direct as follows:
SECTION 1: As an expression of respect and to honor the Jimmy Martin, the flags of the United States and the State of Louisiana shall be flown at half-staff over the State Capitol on Thursday, June 1, 2017.
SECTION 2: This Order is effective upon signature and shall remain in effect until sunset, Thursday, June 1, 2017.
IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the City of Baton Rouge, on this 31st day of May, 2017.
John Bel Edwards
Governor
ATTEST BY
THE GOVERNOR
Tom Schedler
Secretary of State
1706#009
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Louisiana Register Vol. 43, No. 06 June 20, 2017