Louisiana Revised Statutes 28:771 – Office of behavioral health; functions regarding substance-related and addictive disorders
Terms Used In Louisiana Revised Statutes 28:771
- Addictive disorder: is a primary, chronic neurobiologic disease with genetic, psychosocial, and environmental factors influencing its development and manifestations. See Louisiana Revised Statutes 28:2
- Behavioral health: is a term used to refer to both mental health and substance use. See Louisiana Revised Statutes 28:2
- Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 28:2
- 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.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Patient: means any person detained and taken care of as a person who has a mental illness or person who is suffering from a substance-related or addictive disorder. See Louisiana Revised Statutes 28:2
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Statute: A law passed by a legislature.
- Treatment: means an active effort to accomplish an improvement in the mental condition or behavior of a patient or to prevent deterioration in his condition or behavior. See Louisiana Revised Statutes 28:2
A. The office of behavioral health of the Louisiana Department of Health, 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 substance-related and addictive disorders and the prevention of those disorders. It shall administer residential and outpatient care facilities of the state for substance-related and addictive disorder patients and administer the substance-related and addictive disorders programs in the state.
B. The office shall additionally have the following duties and responsibilities:
(1) Formulation and implementation of policies relating to the treatment and prevention of substance-related and addictive disorders in accordance with applicable state law; however, the provisions of this Section 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 substance-related and addictive disorders which were formerly provided by the office of prevention and recovery from alcohol and drug abuse of the Louisiana Department of Health and such services otherwise required by law. The office may provide such services directly or through contracts with local, state, or federal agencies or private care providers.
(3) Administration of all programs relating to substance-related and addictive disorders listed in this Title.
(4) Coordination of all programs of all state departments relating to substance-related and 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 substance-related and addictive disorders for state employees.
(5)(a) Provision of assessment, referral, and treatment services for substance-related and 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.
(b) The copayment provided for in this Paragraph shall be deposited in the state treasury pursuant to La. Rev. Stat. 39:82 and shall be accounted for by the commissioner of administration through appropriations control pursuant to La. Rev. Stat. 39:334(B)(6). The commissioner of administration shall establish a separate cost center in the office of behavioral 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 substance-related and 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 XVIII, Title XIX, and Title XX of the Social Security Act and any other funds specifically allocated for the prevention or treatment of substance-related and 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 legal guardian, 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.
(9) Provide a twenty-four-hour, toll-free telephone service to provide information regarding available services to assist with gambling disorders.
(10) Require any patient who is given a urine drug screen in a state-operated outpatient or inpatient facility as part of his treatment by the office of behavioral health to pay a copayment of not more than twelve dollars per screen to the provider of the screen if he is able to pay such copayment based on a sliding fee scale. Such copayments shall be charged and collected by the provider. The department shall promulgate rules and regulations to establish a sliding fee scale and criteria for determining a patient’s ability to pay. Any patient eligible to receive Medicaid shall be exempt from the provisions of the copayment requirements. The copayments shall be exempt from the provisions of La. Rev. Stat. 49:971(A)(3) which provide that no state agency shall increase any existing fee or impose any new fee unless the fee increase or fee adoption is expressly authorized pursuant to a fee schedule established by statute or specifically authorized by federal law, rules, or regulations for the purpose of satisfying an express mandate of such federal law, rule, or regulation.
C. The services and programs as described in Subsections A and B of this Section 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 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 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 such parishes provided that if funds are not appropriated by the legislature for the district to provide these services and programs in those parishes, the department shall continue to be responsible for and shall perform these services and programs in those parishes.
E. The services and programs as described in Subsections A and B of this Section, 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 such parishes provided that if funds are not appropriated by the legislature for the authority to provide these services and programs in those parishes, the department shall continue to be responsible for and shall perform these services and programs in those parishes.
F. 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 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 such parishes provided that if funds are not appropriated by the legislature for the district to provide these services and programs in those parishes, the department shall continue to be responsible for and shall perform these services and programs in those parishes.
G. 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 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 such parishes provided that if funds are not appropriated by the legislature for the district to provide these services and programs in those parishes, the department shall continue to be responsible for and shall perform these services and programs in those 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 such parishes provided that if funds are not appropriated by the legislature for the district to provide these services and programs in those parishes, the department shall continue to be responsible for and shall perform these services and programs in those 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; Acts 2009, No. 384, §2, eff. July 1, 2010; Acts 2015, No. 401, §6(A); Acts 2017, No. 369, §2; Acts 2022, No. 271, §7.