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CONTENTS July 2010 I EXECUTIVE ORDER BJ 10-11 Property Use for

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CONTENTS July 2010 I EXECUTIVE ORDER BJ 10-11 Property Use for

     CONTENTS July 2010

I. EXECUTIVE ORDER

     BJ 10-11 Property Use for Emergency Berm Project for Deepwater Horizon Oil Spill Response .............................. 1412

     BJ 10-12 Executive DepartmentLimited Hiring Freeze ........................................................................................ 1413

     BJ 10-13 Louisiana Intrastate Rail Authority ........................................................................................................... 1414

II. EMERGENCY RULES

     Agriculture and Forestry

     Office of the CommissionerAgricultural Commodities Commission (LAC 7:XXVII.128) .................................. 1416

     Health and Hospitals

     Bureau of Health Services FinancingCommunityCARE Program Immunization Pay-for-Performance

     Initiative Payment Levels (LAC 50:I.2915) ............................................................................................ 1416

     CommunityCARE ProgramPrimary Care Provider Referral Exemptions (LAC 50:I.2911) .......................... 1417

     Disproportionate Share Hospital PaymentsMental Health Emergency Room Extensions

     (LAC 50:V.2711) .................................................................................................................................. 1418

     Disproportionate Share Hospital PaymentsNon-Rural Community Hospitals (LAC 50.V.2701) .................. 1418

     Federally Qualified Health CentersService Limit Reduction (LAC 50:XI.10503) ........................................ 1420

     Home Health Program―Durable Medical Equipment—Repeal of Provider Accreditation

     Requirements (LAC 50:XIII.8501) ......................................................................................................... 1420

     Nursing Facilities―Reimbursement Rate Reduction (LAC 50:VII.1305) ...................................................... 1421

     Nursing Facility Minimum Licensing StandardsNurse Aide Training and Competency

     Evaluation Program (LAC 48:I.Chapter 100) ......................................................................................... 1422

     Natural Resources

     Office of ConservationStatewide Orders No. 29-B and 29-B-a (LAC 43:XIX.Chapters 2 and 11) .................... 1427

     Statewide Orders No. 29-B and 29-B-a (LAC 43:XIX.Chapters 2 and 11) .................................................... 1438

     Public Safety and Corrections

     Corrections ServicesDisciplinary Rules and Procedures for Adult Offenders (LAC 22:I.341-363) ................... 1449

     Office of State PoliceCollection, Submission, Receipt, Identification, Storage and Disposal of DNA

     Samples (LAC 55:1.Chapter 27) ........................................................................................................... 1450

     Social Services

     Office of Community ServicesLegal Representation in Child Protection Cases Policies and Procedures

     (LAC 67:V.Chapters 57 and 59) ............................................................................................................ 1453

     Wildlife and Fisheries

     Wildlife and Fisheries CommissionRecreational and Commercial Fisheries Closure ..................................... 1454

     Recreational and Commercial Fisheries ClosurePortions of Plaquemines and St. Bernard Parishes ......... 1455

     Recreational and Commercial Fisheries ClosurePortions of Plaquemines, St. Bernard, Orleans,

     and St. Tammany Parishes ................................................................................................................... 1455

     Recreational and Commercial Fisheries ClosurePortions of State Inside and Outside Waters ................... 1456

     Recreational and Commercial Fisheries ClosureSt. Bernard Parish ......................................................... 1456

     Recreational and Commercial Fisheries OpeningEast of Mississippi River, St. Bernard Parish ................. 1456

     Recreational and Commercial Fisheries OpeningInside and Outside Waters East of the

     Mississippi River .................................................................................................................................. 1457

     Recreational and Commercial Fisheries Opening―Inside Waters South of Cocodrie................................... 1457

     Recreational and Commercial Fisheries OpeningInside Waters, Territorial Seas East of Mississippi

     River, Plaquemines Parish ................................................................................................................... 1458

     Recreational and Commercial Fisheries OpeningPortions of Lafourche and Terrebonne Parishes ............ 1458

     Recreational and Commercial Fisheries OpeningPortions of Terrebonne, Lafourche, Jefferson and

     Plaquemines Parishes and Closes in St. Bernard Parish ....................................................................... 1459

     Recreational and Commercial Fisheries OpeningState Inside Waters in Portions of Bayou Lafourche

     and Other Lafourche Parish Inside Waters ............................................................................................ 1459

     Recreational Catch and Release of Finfish ................................................................................................. 1459

     Spring Inshore Shrimp Season Closure in Zone 2 ...................................................................................... 1460

This public document was published at a total cost of $3,525. Five hundred copies of this public document were published in this monthly

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    i Louisiana Register Vol. 36, No. 7 July 20, 2010

III. RULES

     Children and Family Services

     Child Welfare SectionResidential LicensingNotice of Revocation Action (LAC 67:V.6503, 6705,

     6955, and 7107) .................................................................................................................................. 1462

     Civil Service

     Board of EthicsFinancial Disclosures (LAC 52:I.1312) ................................................................................. 1463

     Food and Drink Limit (LAC 52:I.1703) ........................................................................................................ 1466

     Education

     Board of Secondary and Elementary EducationBulletin 119Louisiana School Transportation

     Specifications and Procedures (LAC 28:CXIII.Chapters 1-31) ................................................................ 1466

     Bulletin 741Louisiana Handbook for School AdministratorsCurriculum and Instruction

     (LAC 28:CXV.Chapter 23) .................................................................................................................... 1485

     Bulletin 741Louisiana Handbook for School AdministratorsGeneral Career and Technical Education

     (LAC 28:CXV.2377) ............................................................................................................................. 1496

     Bulletin 741Louisiana Handbook for School AdministratorsHealth Education (LAC 28:CXV.2347) ......... 1497

     Bulletin 741Louisiana Handbook for School AdministratorsIndividual Graduation Plan

     (LAC 28:CXV.901) ............................................................................................................................... 1497

     Bulletin 741Louisiana Handbook for School AdministratorsUnsafe Schools (LAC 28:CXV.343) ............. 1498

     Bulletin 741 (Nonpublic)Louisiana Handbook for School Nonpublic AdministratorsAssessment

     Requirements for a State Diploma (LAC 28:LXXIX.2111) ....................................................................... 1498

     Bulletin 1706Regulations for Implementation of the Children with Exceptionalities ActRegulations

     for Students with Disabilities (LAC 28:XLIII.151, 152, 153, 160, 230, 301, 512, 601, 603, 607, 705,

     802, 803, and 905)............................................................................................................................... 1499

     Bulletin 1929Louisiana Accounting and Uniform Governmental Handbook (LAC 28:XLI.Chapters 113) ... 1505

     Environmental Quality

     Office of the Secretary, Legal Affairs DivisionGasoline Handling (LAC 33:III.2131)(AQ309) ........................... 1534

     HW TanksSecondary Containment Requirements and 90 Day Turnover of Hazardous Waste

     (LAC 33:V.109, 1109, 1901, 1907,1909, and 4437)(HW106) ................................................................. 1535

     Regulatory Permits for Cement and Concrete Facilities

     (LAC 33:III.317)(AQ299) ...................................................................................................................... 1540

     Governor

     Division of Administration, Office of Facility Planning and ControlPercent for Universal Design

     (LAC 34:III.Chapter 3) .......................................................................................................................... 1542

     Division of Administration, Office of Information TechnologyOffice of Electronic Services: Louisiana

     Data Base Commission (LAC 4:XL.101-111) .............................................................................................. 1544

     Motor Vehicle CommissionGeneral Provisions (LAC 46:V.Chapters 1, 3, 5, 7, 9, 11, 13, 15, 17, and 19) ....... 1545

     Health and Hospitals

     Bureau of Health Services FinancingInpatient Hospital ServicesNon-Rural, Non-State Hospitals

     Reimbursement Rate Reduction (LAC 50:V.953, 955, and 959) ............................................................. 1552

     Intermediate Care Facilities for Persons with Developmental DisabilitiesReimbursement Rate Reduction

     (LAC 50:VII.32903) .............................................................................................................................. 1555

     Medicaid EligibilityExpress Lane Eligibility (LAC 50:I.Chapter 11) ............................................................ 1555

     Nursing FacilitiesReimbursement Rate Reduction (LAC 50:VII.1305) ...................................................... 1556

     Pediatric Day Health Care Program (LAC 50:XV.Chapters 275-281) ........................................................... 1557

     Pharmacy Benefits ProgramRestoration of Dispensing Fee (LAC 50:XXIX.Chapter 9) ............................. 1558

     Natural Resources

     Office of ConservationExploration and Production Site Groundwater Evaluation and

     RemediationStatewide Order No. 29-B (LAC 43:XIX.Chapter 8) ......................................................... 1562

     Public Safety and Corrections

     Office of the State Fire MarshalCode Enforcement and Building SafetyFire Protection

     (LAC 55:V.103 and 303) ....................................................................................................................... 1563

     Revenue

     Policy Services DivisionSales and Use Tax Exemption (LAC 61:I.4401) ....................................................... 1566

     Wildlife and Fisheries

     Wildlife and Fisheries CommissionGeneral and Wildlife Management Area Hunting Rules and

     Regulations (LAC 76:XIX.111) .............................................................................................................. 1566

     Resident Game Hunting Season (LAC 76:XIX.101, and 103) ...................................................................... 1580

IV. NOTICES OF INTENT

     Agriculture and Forestry

     Board of Animal HealthTrichomoniasis (LAC 7:XXI.339) .............................................................................. 1583

     Horticulture CommissionLandscape Irrigation Contractors Insurance Waiver (LAC 7:XXIX.117 and 119) ....... 1585

     Office of Agriculture and Environmental Sciences, Louisiana Seed CommissionLabeling of Coated

     Seeds (LAC 7:XIII.121) ............................................................................................................................. 1587

    ii Louisiana Register Vol. 36, No. 7 July 20, 2010

     Children and Family Services

     Child Welfare Section—Daycare Services―Residential Licensing (LAC 67:III.7303, 7359; V.6706 and 6955) ... 1590

     Legal Representation in Child Protection Cases (LAC 67:V.5701, 5703, 5705, 5901 and 5903) ................... 1587

     Family Violence Prevention and Intervention Program (LAC 67:III.5509) ..................................................... 1589

     Economic Stability and Self-Sufficiency Section—Daycare Services―Residential Licensing

     (LAC 67:III.7303, 7359; V.6706 and 6955) ............................................................................................ 1590

     Culture, Recreation, and Tourism

     State Library of LouisianaState Library (LAC 25:VII.Chapters 1-53) .............................................................. 1592

     Education

     Board of Elementary and Secondary EducationBulletin 746Louisiana Standards for State Certification

     of School PersonnelRequirements to Add a Non-NCLB Secondary (Grades 6-12)

     Specialty Content Area (LAC 28:CXXXI.613) ........................................................................................ 1598

     Bulletin 746Louisiana Standards for State Certification of School PersonnelTemporary Authority to

     Teach (TAT) (LAC 28:CXXXI.323)......................................................................................................... 1599

     Student Financial Assistance Commission, Office of Student Financial AssistanceScholarship/Grant

     ProgramsChafee Educational and Training Voucher Program (LAC 28:IV.Chapter 18) ........................ 1600

     Scholarship/Grant ProgramsHealthcare Educator Loan Forgiveness ProgramEligible Schools

     (LAC 28:IV.1603) ................................................................................................................................. 1603

     START Saving Program Account Deposits/Documentations (LAC 28:VI.305, 307, and 311) ......................... 1604

     Environmental Quality

     Office of the Secretary, Legal Affairs DivisionExemption for Tanks Storing Corrosive Materials

     (LAC 33:III.2103)(AQ312) .................................................................................................................... 1605

     Incorporation by Reference―2009 (LAC 33:I.3931; III.506, 507, 2160, 3003, 5116, 5122, 5311,

     5901; V.3099; IX.2301, 4901, 4903; and XV.1599) (MM014ft) ................................................................ 1607

     Revision of the Drinking Water Source Use (LAC 33:IX.Chapter 11)(WQ080) .............................................. 1612

     Governor

     Crime Victims Reparations BoardCompensation to Victims (LAC 22:XIII.301) .............................................. 1614

     Division of Administration, Office of Group Benefits PPO Plan of Benefits―Continued Coverage:

     Michelle's Law (LAC 32:III.103) ............................................................................................................ 1615

     PPO Plan of Benefits―Mental Health and Substance Abuse Benefits (LAC 32:III.703) ................................ 1616

     PPO Plan of Benefits―Prescription Drug Benefits: Brand/Generic (LAC 32:III.323) ..................................... 1617

     PPO Plan of Benefits―Wellness Benefits (LAC 32:III.301 and 701) ............................................................ 1618

     Health and Hospitals

     Board of NursingDefinition of TermOther Causes (LAC 46:XLVII.3405) ..................................................... 1619

     Board of Wholesale Drug Distributors—Wholesale Drug Distribution―Exemptions (LAC 46:XCI.105) .............. 1620

     Bureau of Health Services FinancingAmbulatory Surgical CentersReimbursement Rate Reduction

     (LAC 50:XI.7503) ................................................................................................................................. 1621

     CommunityCARE ProgramImmunization Pay-for-Performance Initiative Payment Levels

     (LAC 50:I.2915) ................................................................................................................................... 1622

     Early and Periodic Screening, Diagnosis and Treatment Dental Program Covered Services

     (LAC 50:XV.6903 and 6905) ................................................................................................................. 1624

     Facility Need Review Exception Criteria for Downsizing Enrolled Beds (LAC 48:I.12507) ............................ 1625

     Family Planning WaiverReimbursement Rate Reduction (LAC 50:XXII.2701) .......................................... 1626

     Federally Qualified Health CentersService Limit Reduction (LAC 50:XI.10503) ........................................ 1627

     Home and Community-Based Services Waivers—Children’s Choice Reimbursement Rate Reduction

     (LAC 50:XXI.12101) ............................................................................................................................. 1628

     Home and Community-Based Services WaiversSupports Waiver Reimbursement Rate Reduction

     (LAC 50:XXI.6101)............................................................................................................................... 1630

     Home Health ProgramNursing and Home Health Aide ServicesReimbursement Rate

     Reduction (LAC 50:XIII.701)................................................................................................................. 1631

     Professional Services ProgramAnesthesia ServicesReimbursement Methodology

     (LAC 50:IX.15133) ............................................................................................................................... 1632

     Office of Citizens with Developmental DisabilitiesHome and Community-Based Services Waivers

     Children’s Choice Reimbursement Rate Reduction (LAC 50:XXI.12101) ................................................ 1628

     Home and Community-Based Services WaiversSupports Waiver Reimbursement Rate Reduction

     (LAC 50:XXI.6101)............................................................................................................................... 1630

     Office of Public HealthSewage Disposal Program (LAC 51:XIII.101, 503, 504 and 511) ................................ 1633

     Public Safety and Corrections

     Corrections ServicesDisciplinary Rules and Procedures for Adult Offenders (LAC 22:I.363) .......................... 1636

     Gaming Control BoardVideo Draw Poker (LAC 42:XI.2407 and 2424) .......................................................... 1636

     Revenue

     Policy Services DivisionApplication of Net Operating Losses Carryover to Otherwise Closed Years

     (LAC 61:I.1125) ................................................................................................................................... 1640

     Wildlife and Fisheries

     Wildlife and Fisheries CommissionGeneral and WMA Turkey Hunting Regulations (LAC 76:XIX.113) ........... 1641

     Turkey Seasons (LAC 76:XIX.115)............................................................................................................. 1644

    iii Louisiana Register Vol. 36, No. 7 July 20, 2010

V. POLICY AND PROCEDURE MEMORANDA

     Governor

     Division of Administration, Office of State TravelGeneral TravelPPM 49 (LAC 4:V.Chapter 15) ................... 1647

VI. ADMINISTRATIVE CODE UPDATE

     CumulativeJanuary 2009 through June 2010............................................................................................... 1659

VII. POTPOURRI

     Health and Hospitals

     Office of Public HealthGenetic Diseases Neonatal Screening and Pilot Testing for Severe Combined

     Immunodeficiency Syndrome ............................................................................................................... 1661

     Insurance

     Office of HealthAnnual HIPAA Assessment Rate ......................................................................................... 1661

     Natural Resources

     Office of ConservationOrphaned Oilfield Sites ............................................................................................. 1661

     Office of the Secretary, Fishermen's Gear Compensation Fund Loran Coordinates....................................... 1661

     Revenue

     Policy Services DivisionOil Spill Contingency Fee........................................................................................ 1662

VIII. INDEX ............................................................................................................................................................... 1663

    iv Louisiana Register Vol. 36, No. 7 July 20, 2010

    Executive Orders

    Berm Project is "an action necessary to minimize or mitigate EXECUTIVE ORDER BJ 10-11

    damage to the public health or welfare in areas affected by Property Use for Emergency Berm Project for the Deepwater Horizon oil discharge;" that "the expense of Deepwater Horizon Oil Spill Response this project is an appropriate removal cost under the Oil

    Pollution Act," and that construction of the Emergency WHEREAS, Pursuant to the Louisiana Homeland Berm Project should occur on the most expeditious schedule Security and Emergency Assistance and Disaster Act, R.S. possible. 29:721, et seq., and as a result of the Deepwater Horizon Oil WHEREAS The State of Louisiana is prepared to Spill (Oil Spill), a state of emergency (Emergency) was undertake the Emergency Berm Project, BP has made declared through Executive Proclamation No. 20 BJ 2010 funding available for the project consistent with the and extended through Executive Proclamation No. 37 BJ obligation of responsible parties to receive and pay removal 2010; costs, and the State of Louisiana, through the Office of WHEREAS, The Emergency has been declared a Coastal Protection and Restoration (OCPR), has entered into Spill of National Significance (SONS) and has impacted, a contract for construction and completion of the Emergency damaged, and continues to impact and damage Louisianas Berm Project. natural resources, including land, water, fish, wildlife, fowl WHEREAS, It is necessary to undertake construction and other biota, and likewise has impacted and continues to of the Emergency Berm Project at Reaches W-8, W-9, W-10, impact and threaten the livelihoods of Louisianas citizens W-11, E-3, and E-4, as soon as reasonably possible in an living along the coast, increasing the economic impact of effort to eliminate the threat to the safety, health, and this Emergency; welfare of the citizens of the state of Louisiana, including WHEREAS, Pursuant to the Oil Pollution Act of the threat to the livelihoods of Louisianas citizens living 1990, the United States Coast Guard and British Petroleum along the coast and increasing economic impact of the Oil America Inc. (BP), the Responsible Party, have established a Spill, and eliminate and reduce the threat to Louisianas Unified Area Command to coordinate efforts to control the natural resources, including land, water, fish, wildlife, fowl spill and respond to its effects; and other biota, posed by the Oil Spill; WHEREAS, The Oil Spill has already impacted WHEREAS, It may be necessary to utilize certain miles of the Louisiana coastline and marshes, has caused property for construction and completion of the Emergency fishery, oyster harvesting area, and beach closures, has Berm Project; and resulted in the suspension of additional drilling operations, WHEREAS, pursuant to R.S. 29:724(D)(4), and and has caused the federal government to declare a subject to applicable requirements for compensation, the commercial fisheries failure; Governor may utilize any private property if he finds this WHEREAS, Many areas of the Louisiana coastline necessary to cope with a disaster or emergency; have received heavy oil and sustained catastrophic damage, NOW THEREFORE, I, BOBBY JINDAL, Governor of including Barataria Bay, the Breton Sound, Chandeleur the State of Louisiana, by virtue of the authority vested by Sound and the barrier islands; the Constitution and laws of the State of Louisiana, do WHEREAS, Louisianas coastline is comprised of hereby order and direct as follows: 3.5 million acres of coastal wetlands, which represent SECTION 1: The Coastal Protection and Restoration approximately 40 percent of all the coastal wetlands in the Authority (CPRA), OCPR, the Louisiana National Guard Continental United States. Furthermore, billions of dollars in (LNG), and any other appropriate local, state, or federal ongoing coastal restoration projects are at risk; and governmental entity and their contractors, shall be WHEREAS, In an effort to contain this oil and other authorized to access, enter, and utilize public and private hazardous substances in such a manner as to prevent further lands or other property rights for the Emergency Berm impacts to the States waters and shorelines, and to minimize Project, including but not limited to Reaches W-8, W-9, W-and mitigate the scope of this damage, the State has 10, W-11, E-3, and E-4, as may be necessary to construct proposed and the United States has approved as part of its and complete the Emergency Berm Project, including but overall response/removal action for the Emergency a project not limited to surveying and staking the project, conducting to construct six (6) sand barriers in the Reaches designated surveys, soil borings, environmental and cultural resource as E-3, E-4, W-8, W-9, W-10 and W-11 in the United States investigations, accessing the project area, conducting Army Corps of Engineers, New Orleans District, Emergency dredging, and depositing and discharging dredge and Permit NOD-20 dated May 27, 2010, Base File MVN 2010-spoil material, all in accordance with any permits for the 1066-ETT, in the Gulf of Mexico, east and west of the Emergency Berm Project or modifications thereto, the Mississippi River (Emergency Berm Project). designs developed therefore, the authority of CPRA and WHEREAS, U.S. Coast Guard Rear Admiral James OCPR as set for in La. R.S. 49:214.1, et seq., and any other A. Watson, the Federal On-Scene Coordinator, has informed similar rule, regulation or law, all with the intent and BP in a letter dated June 4, 2010 of his determination that purpose of completing the Emergency Berm Project as soon the construction of Emergency Berm Project is, under as practicable. current circumstances, "a removal action that will achieve

    the containment and removal of oil;" that the Emergency

    1412 Louisiana Register Vol. 36, No. 7 July 20, 2010

    SECTION 2: Any entry upon or work performed by WHEREAS, higher education plays a vital role for government employees or their contractors upon private the citizens of our state; and, in addition, higher education in property shall be in accordance with Louisiana Attorney Louisiana has a unique management structure. Recognizing General Opinion Nos. 05-0360, 05-0360A, and 05-0373, and this, the Commissioner of Higher Education shall have the any compensation for property taken shall be in accordance authority to manage the positions within higher education, with the requirements of the Fifth Amendment of the including the hospitals, within the confines of this Executive Constitution of the United States of America. Order and any subsequent memorandum issued by the

    SECTION 3: Any governmental entity seeking Commissioner of Administration as authorized by this Order reimbursement for work performed as authorized by this limiting the number of Table of Organization (T.O.) and Order shall comply with appropriate federal and state Non-T.O. Full-Time Equivalents (FTEs); and statutes and regulations. WHEREAS, due to the critical nature of direct

    SECTION 4: Any work performed pursuant to this patient care and direct public safety positions, special Order shall be accompanied by documentation of the actual consideration is given to provide more flexibility to the costs thereof borne by the governmental entity and shall be departments in hiring these positions;

    maintained for possible future reimbursement by any party NOW THEREFORE, I, BOBBY JINDAL, Governor of responsible for the Oil Spill, including but not limited to BP. the State of Louisiana, by virtue of the authority vested by

    SECTION 5: All departments, commissions, boards, the Constitution and laws of the State of Louisiana, do offices, entities, agencies, and officers of the state of hereby order and direct as follows:

    Louisiana, or any political subdivision thereof, are SECTION 1: No vacancy in an existing or new authorized and directed to cooperate with the OCPR and the position of employment within the executive branch of state CPRA in implementing the provisions of this Order, government that exists on or occurs after the effective date including the execution of necessary cooperative endeavor of this order shall be filled which would in any manner, agreements. decrease, or in the case of Non-T.O. FTEs increase, the

    SECTION 6: This Order is effective upon signature number of such frozen positions within the department, and shall continue in effect until amended, modified, budget unit, agency, and/or office, within the executive terminated, or rescinded by the Governor, or terminated by branch of state government below the number frozen operation of law. determined as provided in Paragraph B of this section. This

    IN WITNESS WHEREOF, I have set my hand includes Appropriated Table of Organization Full-Time officially and caused to be affixed the Great Seal of Equivalent positions (T.O. FTEs), Other Compensation Louisiana, at the Capitol, in the city of Baton Rouge, on this positions (Non-T.O. FTEs), Other Charges positions (Non-th day of June, 2010. 11T.O. FTEs), job appointments (Non-T.O. FTEs), and

     restricted appointments (Non-T.O. FTEs).

    Bobby Jindal A. The following departments, agencies, and/or

    Governor budget units of the executive branch of the State of ATTEST BY Louisiana (hereafter ―Unit and/or ―Units‖), as described in THE GOVERNOR and/or funded by appropriations through Acts 11 and 41 of Jay Dardenne the 2010 Regular Session of the Louisiana Legislature Secretary of State (hereafter ―Acts‖), shall be subject to the hiring freeze as 1007#048 provided in this Executive Order: EXECUTIVE ORDER BJ 10-12 Executive Branch Schedule 01 Executive Department Executive DepartmentLimited Hiring Freeze Schedule 03 Veterans Affairs Schedule 05 Economic Development Schedule 07 Transportation and Development WHEREAS, pursuant to R.S. 42:375, the Governor Schedule 08 Corrections Services may issue executive orders which prohibit or regulate the Schedule 08 Public Safety Services filling of any new or existing vacancies in positions of Schedule 08 Youth Services employment in the executive branch of state government Schedule 09 Health and Hospitals (hereafter "hiring freeze"); Schedule 10 Department of Children and Family Services Schedule 11 Natural Resources WHEREAS, R.S. 39:84 provides authority to the Schedule 12 Revenue Governor to regulate and control personnel transactions; Schedule 13 Environmental Quality WHEREAS, to limit or control the growth in Schedule 14 Louisiana Workforce Commission government positions and to prepare for the budget Schedule 16 Wildlife and Fisheries challenges in the ensuing years, prudent fiscal management Schedule 17 Civil Service practices dictate that the best interests of the citizens of the 17-560 State Civil Service 17-561 Municipal Fire and Police Civil Service State of Louisiana will be served by the implementation of a 17-562 Ethics Administration hiring freeze in the executive branch of state government to 17-563 State Police Commission achieve at least a state general fund dollar savings of $20 17-564 Division of Administrative Law million;

    1413 Louisiana Register Vol. 36, No. 7 July 20, 2010

Schedule 19 Higher Education B. If necessary, the Commissioner may develop Schedule 19 Special Schools and Commissions definitions for the terms and/or the descriptions used in this 19B-653 Louisiana Schools for the Deaf and Visually Order. Impaired SECTION 4: All departments, budget units, agencies, 19B-655 Louisiana Special Education Center offices, entities, and officers of the State of Louisiana, or any 19B-657 Louisiana School for Math, Science and the Arts political subdivision thereof, are authorized and directed to 19B-662 Louisiana Educational TV Authority cooperate in the implementation of the provisions of this 19B-666 Board of Elementary & Secondary Education Order. 19B-673 New Orleans Center for the Creative Arts SECTION 5: The Governor, in accordance with R.S. Schedule 19 Department of Education 42:375(D) may order the Commissioner of Administration to Schedule 19 LSU Health Sciences Center Health Care Services Division withhold allotments in the appropriate category of Schedule 21 Ancillary expenditures from which the salary or compensation of any 21-790 Donald J. Thibodaux Training Academy employee employed in violation of this executive order is 21-796 Central Regional Laundry paid in an amount equal to such compensation. 21-800 Office of Group Benefits SECTION 6: The Order is effective July 1, 2010 and 21-804 Office of Risk Management 21-805 Administrative Services shall remain in effect through June 30, 2011 or until 21-806 Louisiana Property Assistance amended, modified, terminated, or rescinded by the 21-807 Federal Property Assistance Governor, or terminated by operation of law. 21-808 Office of Telecommunications Management IN WITNESS WHEREOF, I have set my hand 21-810 Public Safety Services Cafeteria officially and caused to be affixed the Great Seal of 21-811 Prison Enterprises Louisiana, at the Capitol, in the City of Baton Rouge, on this 21-829 Office of Aircraft Services

     1st day of July, 2010.

    B. The Commissioner of Administration is hereby

    authorized to and shall establish, on a continuing basis, the Bobby Jindal number of FTEs, hereafter referred to as ―positions‖, to be Governor

    frozen for each such department, agency, and/or budget unit ATTEST BY

    specified in Paragraph A of this Section together with the THE GOVERNOR

    expenditure of funds appropriated for such positions. Jay Dardenne

    Secretary of State C. After the effective date of this Order, employee 1007#049 transfers, promotions, re-allocations, and the creation of any new positions of employment within the executive branch of EXECUTIVE ORDER BJ 10-13 state government shall not, in any manner, decrease, or in the case of Non-T.O. FTEs increase, the number of such Louisiana Intrastate Rail Authority frozen positions within the department, budget unit, agency, and/or office, within the executive branch of state WHEREAS, the Act that originated as House Bill government below the number frozen determined as 1069 of the 2010 Regular Legislative Session, known as the provided in this Section unless otherwise adjusted by the Louisiana Intrastate Rail Compact Act, authorizes parishes Commissioner of Administration. and municipalities to form and incorporate a Compact SECTION 2: No later than July 26, 2010, in order to through the adoption of a resolution by the governing implement the freeze provided in Section 1, the head of each authority; Unit listed in Section 1 of this Order shall submit to the WHEREAS, such a Compact is authorized to Commissioner of Administration (hereafter ―Commissioner‖) construct and operate transit way facilities along a transit a mid-year budget adjustment plan, on the BA-7 form and corridor within the state of Louisiana with the prior express questionnaire, which reflects the Unit's proposed allocation written consent of the affected governing bodies after a of the position freeze ordered in Section 1 of this Order public hearing; (hereafter ―mid-year budget adjustment plan‖), and a WHEREAS, the Act identifies a Louisiana Intrastate rationale or explanation of the mid-year budget adjustment Rail Authority in state government but does not define the plan. Authority or its relationship to such a Compact; A. The allocation of the position freeze shall be WHEREAS, it is necessary to further identify who implemented by the Unit only upon the Commissioner‘s will act pursuant to the authority delegated to the Louisiana prior written approval of the Unit‘s mid-year budget Intrastate Rail Authority; adjustment plan. NOW THEREFORE, I, BOBBY JINDAL, Governor of B. Once approved, a mid-year budget adjustment the State of Louisiana, by virtue of the authority vested by plan may not be changed without the Commissioner‘s prior the Constitution and the laws of the State of Louisiana, do written approval. hereby order and direct as follows: SECTION 3: SECTION 1: Any compact formed by a group of A. The Commissioner may develop guidelines parishes and municipalities pursuant to the Act that pertaining to requests for adjustments from all or part of the originated as House Bill 1069 of the 2010 Regular prohibition set for in Section 1 of this Order. Legislative Session is hereby designated as the Louisiana

    1414 Louisiana Register Vol. 36, No. 7 July 20, 2010

Intrastate Rail Authority with all of the powers, duties, rights, Louisiana, at the Capitol, in the City of Baton Rouge, on this

    and responsibilities vested to this entity within the Act. 2nd day of July, 2010.

    IN WITNESS WHEREOF, I have set my hand

    officially and caused to be affixed the Great Seal ofBobby Jindal

    Governor

    ATTEST BY

    THE GOVERNOR

    Jay Dardenne

    Secretary of State 1007#050

    1415 Louisiana Register Vol. 36, No. 7 July 20, 2010

    Emergency Rules

    DECLARATION OF EMERGENCY Hopper Car, per car $20.00

    Boxcar, per car $15.00 Department of Agriculture and Forestry Truck/Trailer, per carrier $10.00 Office of the Commissioner Barge, per 1,000 bushels $ 2.50

    Submitted sample inspection $12.00 Re-grade grain sample $15.00 Agricultural Commodities Commission (LAC 7:XXVII.128)

    * * * In accordance with the emergency provisions of the

    AUTHORITY NOTE: Promulgated in accordance with R.S. Administrative Procedures Act, R.S. 49:953(B), and the 3:3405, R.S. 3:3414.3 and R.S. 3:3422. authority of R.S. 3:3405, the Louisiana Agricultural HISTORICAL NOTE: Promulgated by the Department of Commodities Commission proposes to adopt by Emergency Agriculture, Office of Agro-Consumer Services, Agricultural Rule fees for the testing and sampling of aflatoxin for corn. Commodities Commission, LR 12:287 (May 1986), amended LR Aflatoxin is a toxic metabolite produced primarily by a 14:528 (August 1988), LR 19:889 (July 1993), LR 23:196 naturally occurring fungus that affects corn. Aflatoxin is (February 1997), LR 27:815 (June 2001), amended by the listed as a human and animal carcinogen. Aflatoxicosis in Department of Agriculture and Forestry, Office of the humans is characterized by vomiting, abdominal pain, Commissioner, Agricultural Commodities Commission, LR 30:197

    pulmonary edema, convulsions, coma and death with (February 2004), LR 36:

     cerebral edema and fatty involvement of the liver, kidneys Dr. Mike Strain, DVM and heart. Aflatoxicosis in animals causes liver damage, Commissioner cancer, decreased mild and egg production, increased 1007#006 infections due to immunity suppression, anemia, jaundice and death. Aflatoxicosis in humans and animals results from DECLARATION OF EMERGENCY the eating of food contaminated with aflatoxin. The United States Food and Drug Administration have established a Department of Health and Hospitals limit of 20 parts per billion for aflatoxin in foods to be Bureau of Health Services Financing consumed by humans.

    The presence and levels of aflatoxin in corn can be CommunityCARE Program determined only by sampling and testing the corn. The Immunization Pay-for-Performance Initiative accuracy and reliability of the methods of testing corn Payment Levels (LAC 50:I.2915) directly affect both the marketability of the corn and the price received for the corn by the farmer and operators of The Department of Health and Hospitals, Bureau of grain elevators. Failure to immediately implement Health Services Financing amends LAC 50:I.2915 in the regulations governing the testing of corn at grain elevators Medical Assistance Program as authorized by R.S. 36:254 creates and imminent peril to the public health, safety and and pursuant to Title XIX of the Social Security Act and as welfare of the farmers and economy of this state. directed by Act 10 of the 2009 Regular Session of the The Louisiana Agricultural Commodities Commission has, Louisiana Legislature which states: ―The secretary is therefore, determined that this Emergency Rule is necessary directed to utilize various cost containment measures to in order to ensure an accurate and reliable sampling and ensure expenditures remain at the level appropriated in this testing of corn for aflatoxin. Schedule, including but not limited to precertification, This Rule becomes effective on June 22, 2010 and will preadmission screening, diversion, fraud control, utilization remain in effect for 120 days, unless renewed or until review and management, prior authorization, service permanent rules are promulgated in accordance with law. limitations, drug therapy management, disease management, Title 7 and other measures as permitted under federal law.‖ AGRICULTURE AND ANIMALS This Emergency Rule is promulgated in accordance with Part XXVII. Agricultural Commodity Dealer and the provisions of the Administrative Procedure Act, R. S. Warehouse Law 49:953(B)(1) et seq., and shall be in effect for the maximum Chapter 1. Agricultural Commodities Commission period allowed under the Act or until adoption of the final Subchapter E. Assessments and Fees Rule, whichever occurs first. ?128. Fees: Amount, Time of Payment The Department of Health and Hospitals, Office of the A. - C.3. Secretary, Bureau of Health Services Financing amended the 4. Official Services (including sampling except as provisions governing the CommunityCARE Program in indicated) order to implement an immunization pay-for-performance supplemental payment based on the provider‘s participation Online D/T sampling inspection service $25.00 in the Louisiana Immunization Network for Kids Statewide (sampling, grading and certification), per regular hour and performance in achieving immunization benchmarks Overtime hourly rate, per hour $40.00 (Louisiana Register, Volume 33, Number 6). Unit Inspection Fees: Aflatoxin Testing, per sample $30.00

    1416 Louisiana Register Vol. 36, No. 7 July 20, 2010

    As a result of a budgetary shortfall in state fiscal year DECLARATION OF EMERGENCY 2010, the department promulgated an Emergency Rule Department of Health and Hospitals which amended the provisions governing the Bureau of Health Services Financing CommunityCARE Program to revise the payment levels for the pay-for-performance initiative (Louisiana Register, CommunityCARE Program Volume 36, Number 2). The department subsequently Primary Care Provider Referral Exemptions amended the February 1, 2010 Emergency Rule to further (LAC 50:I.2911) revise the payment levels (Louisiana Register, Volume 36,

    Number 3). This Emergency Rule is being promulgated to The Department of Health and Hospitals, Bureau of continue the provisions of the April 1, 2010 Emergency Rule. Health Services Financing amends LAC 50:I.2911 in the This action is being taken to avoid a budget deficit in the Medical Assistance Program as authorized by R.S. 36:254 medical assistance programs. and pursuant to Title XIX of the Social Security Act. This Effective July 31, 2010 the Department of Health and Emergency Rule is promulgated in accordance with the Hospitals, Bureau of Health Services Financing amends the provisions of the Administrative Procedure Act, R.S. provisions governing the reimbursement methodology for 49:953(B)(1) et seq., and shall be in effect for the maximum the CommunityCARE Program to revise the payment levels period allowed under the Act or until adoption of the final for the immunization pay-for-performance initiative. Rule, whichever occurs first. Title 50 The Department of Health and Hospitals, Office of the PUBLIC HEALTHMEDICAL ASSISTANCE Secretary, Bureau of Health Services Financing amended the Part I. Administration provisions governing the CommunityCARE Program to Subpart 3. Medicaid Managed Care establish the program as an optional statewide covered Chapter 29. CommunityCARE service under the Medicaid State Plan instead of a waiver ?2915. Immunization Pay-for-Performance service, and to provide for the exclusion of certain additional A. - C.3. ... Medicaid recipients from mandatory participation in the D. Effective February 1, 2010, supplemental payments program (Louisiana Register, Volume 32, Number 3). The shall be available to physicians when 50-74 percent of the department now proposes to amend the provisions governing recipients are up-to-date with the appropriate vaccine series the CommunityCARE Program to exempt urgent care by 24 months of age. The payment shall be $0.25 per facilities and retail convenience clinics from the requirement Medicaid recipient under the age of 21 linked to the to obtain a written referral/authorization from the primary CommunityCARE PCP. care physician in order to receive reimbursement for services E. Effective April 1, 2010, supplemental payments shall rendered to Medicaid recipients who are enrolled in be available to physicians when 60-74 percent of the CommunityCARE. In addition, these provisions are being recipients are up-to-date with the appropriate vaccine series amended to include the exemption of a service that had been by 24 months of age. The payment shall be $0.25 per inadvertently omitted from the previous list of exempted Medicaid recipient under the age of 21 linked to the services. CommunityCARE PCP. This action is being taken to promote the health and AUTHORITY NOTE: Promulgated in accordance with R.S. welfare of Medicaid recipients by facilitating access to cost-36:254 and Title XIX of the Social Security Act. effective, walk-in health services. It is estimated that HISTORICAL NOTE: Promulgated by the Department of implementation of this Emergency Rule will be cost neutral Health and Hospitals, Office of the Secretary, Bureau of Health Services Financing, LR 33:1139 (June 2007), amended by the for state fiscal year 2010-2011. Department of Health and Hospitals, Bureau of Health Services Effective for dates of service on or after July 1, 2010 the Financing, LR 36: Department of Health and Hospitals, Bureau of Health Implementation of the provisions of this Rule may be Services Financing amends the provisions governing the contingent upon the approval of the U.S. Department of CommunityCARE Program to exempt urgent care facilities Health and Human Services, Centers for Medicare and and retail convenience clinics from the PCP referral Medicaid Services (CMS), if it is determined that requirements. submission to CMS for review and approval is required. Title 50 Interested persons may submit written comments to Don PUBLIC HEALTH―MEDICAL ASSISTANCE Gregory, Bureau of Health Services Financing, P.O. Box Part I. Administration 91030, Baton Rouge, LA 70821-9030. He is responsible for Subpart 3. Medicaid Coordinated Care responding to inquiries regarding this Emergency Rule. A Chapter 29. CommunityCARE copy of this Emergency Rule is available for review by ?2911. PCP Referral/Authorization interested parties at parish Medicaid offices. A. The following Medicaid-covered services do not require written referral/authorization by the recipient‘s PCP: Alan Levine 1. - 18. Secretary 19. services provided through the Office of Public 1007#072 Health‘s Women, Infants, and Children (WIC) program;

    1417 Louisiana Register Vol. 36, No. 7 July 20, 2010

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