2006 Louisiana Laws - RS 28:771 — Office for addictive disorders; functions related to addictive disorders

CHAPTER 11.  ADDICTIVE DISORDERS

§771.  Office for addictive disorders; functions related to addictive disorders

A.  The office for addictive disorders of the Department of Health and Hospitals, 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 addictive disorders and the prevention of addictive disorders.  It shall administer residential and outpatient care facilities of the state for addictive disorder patients and administer the addictive disorders programs in the state.

B.  The office shall additionally perform the following duties and responsibilities:

(1)  Formulation and implementation of policies relating to the treatment and prevention of addictive disorders in accordance with applicable state law; however, the provisions of this Section and the provisions of Chapter 37 of Title 46 of the Louisiana Revised Statutes of 1950 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 addictive disorders which were formerly provided by the office of prevention and recovery from alcohol and drug abuse of the Department of Health and Hospitals and such services otherwise required by law.  The office may provide such services directly or through contracts with state or federal agencies or private care providers.

(3)  Administration of all programs relating to addictive disorders listed in this Title.

(4)  Coordination of all programs of all state departments relating to 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 addictive disorders for state employees.

(5)(a)  Provision of assessment, referral, and treatment services for 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.  The department shall provide by rule for the implementation of such copayment not later than March 15, 1987.

(b)  Notwithstanding the provisions of Subparagraph (a) and otherwise subject to its provisions, not later than September 1, 1987, the department, by rule, shall increase the amount of the standard copayment fee to twenty dollars per session.

(c)  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 mental 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 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 18, Title 19, and Title 20 of the Social Security Act and any other funds specifically allocated for the prevention or treatment of 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 legally responsible relative, 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.

C.  The services and programs as described in Subsections A and B 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, excluding the operation and management of any in-patient 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 said parishes provided that if funds are not appropriated by the legislature for the district to provide these services and programs in said parishes, the department shall continue to be responsible for and shall perform these services and programs in said parishes.

E.  The services and programs as described in Subsections A and B, 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 said parishes provided that if funds are not appropriated by the legislature for the authority to provide these services and programs in said parishes, the department shall continue to be responsible for and shall perform these services and programs in said parishes.

F.  The services and programs as described in Subsections A and B, 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 said parishes provided that if funds are not appropriated by the legislature for the district to provide these services and programs in said parishes, the department shall continue to be responsible for and shall perform these services and programs in said parishes.

NOTE:  Subsection G as enacted by Acts 2006, No. 449, §1, eff. upon appropriation of funds.  See Acts 2006, No. 449, §4.

G.  The services and programs as described in Subsections A and B, 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 said parishes provided that if funds are not appropriated by the legislature for the district to provide these services and programs in said parishes, the department shall continue to be responsible for and shall perform these services and programs in said 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 said parishes provided that if funds are not appropriated by the legislature for the district to provide these services and programs in said parishes, the department shall continue to be responsible for and shall perform these services and programs in said parishes.

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.

NOTE:  See Acts 2006, No. 449, §4, relative to effectiveness of Act.

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