Legislature Authorizes Transfer of Regulatory Authority from DSS to DHH
During the 2009 Legislative Session, legislation was filed on behalf of the Department of Social Services to transfer regulatory authority of adult residential care/assisted living providers from DSS to the Department of Health and Hospitals. LALA leaders had several meetings with staff from DSS and DHH to discuss our members' concerns with the proposed legislation. Following the adoption of several amendments to address our members' major concerns, our LALA Board of Directors and Public Policy Committee voted to support the legislation rather than try to wage what many thought would be a futile battle given the administration's support for legislation to "streamline" government services.
This legislation as amended passed in both the House and the Senate and was signed by Governor Jindal on July 6, 2009 as Act 381. The effective date for the transfer will be July 1, 2010. As of this date, DHH will assume the regulatory authority utilizing the existing Adult Residential Care Facility regulations which were adopted in 1999. We will be continuing to work with staff from DSS and DHH to address any issues and concerns expressed by LALA members before and after the transfer takes place. Click on the link below to download and review a copy of Act 381.
New Criminal Background Check Requirements Effective June 15, 2009
Act 35 of the 2009 Legislative Session (introduced as HB 432) expands the criminal background checks for employees of assisted living communities (and other health care providers) to include all arrests and convictions and the dates when such crimes were committed. It would also eliminate the employer's right to "waive" convictions for any of the following crimes: manslaughter, aggravated battery, aggravated second degree battery, simple battery of the infirm, aggravated assault, assault by drive-by shooting, aggravated assault with a firearm, forcible rape, sexual battery, aggravated kidnapping of a child, armed robbery, felony carnal knowledge of a juvenile, molestation of a juvenile, cruelty to juveniles, cruelty to the infirmed, exploitation of the infirmed, and sexual battery of the infirmed. Under this new law, providers will not be allow to hire or contract with a person convicted of such an enumerated crime. This bill was signed into law by Governor Jindal on June 15th, making the new requirements effective as of this date. LALA members are encouraged to check with their background check providers to ensure that they are in compliance with the new regulations. Click on the link below to view a copy of Act 35:
Where can you get additional information? Visit the Louisiana State Legislature website at www.legis.state.la.us for additional information regarding the legislative process, contact information for lawmakers, copies of bills filed in the previous session, etc.
How you can help? Get to know your legislators, develop relationships with them, educate legislators about assisted living and how you deliver quality services. Contact us for guidelines and assistance in starting your own grassroots advocacy campaign.
For more information, please contact us: Louisiana Assisted Living Association, PO Box 1231, Denham Springs, LA 70727. Phone: 225-791-5811. Email: lala@laassisted.org
