Louisiana Revised Statutes 39:100.61 – A. There is hereby created in the state treasury, as a special fund, the New Opportunities Waiver Fund, hereinafter referred to as the “fund.”
Terms Used In Louisiana Revised Statutes 39:100.61
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Appropriation: means an authorization by the legislature to a budget unit for a program to expend from public funds a sum of money, for purposes designated, under the procedure prescribed in this Chapter. See Louisiana Revised Statutes 39:2
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Fund: means an independent fiscal and accounting entity with a self-balancing set of accounts recording cash or other resources together with all related liabilities, obligations, reserves, and equities which are segregated for the purpose of carrying on specific activities or attaining certain objectives in accordance with regulations, restrictions, and limitations. See Louisiana Revised Statutes 39:2
- Official forecast: means the most recently adopted estimate of money available for appropriation by the Revenue Estimating Conference as provided in La. See Louisiana Revised Statutes 39:2
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.
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.