§2116.2. State Personal Assistance Services Program; creation; eligibility requirements; evaluation

            A. State Personal Assistance Services Program is created in the Louisiana Department of Health and shall be administered by the office of aging and adult services in the department.

            B. The department shall provide a subsidy for personal assistance services to any person who:

            (1) Is a person with significant disabilities.

            (2) Is age eighteen or older at inception of services, provided that all other eligibility requirements are met.

            (3) Needs personal assistance services to prevent or remove the adult from inappropriate placement in an institutional setting or enhance the adult's employability.

            (4) Meets the eligibility criteria established in the state personal assistance policy submitted by the department as provided in R.S. 46:2116.5.

            (5) Evidences eligibility by means of evaluations of eligibility as provided in Paragraphs (3) and (4) of this Subsection.

            C. The person with significant disabilities shall be responsible for:

            (1) Hiring, firing, and supervising the persons who provide personal assistance services.

            (2) Participating in an evaluation to determine eligibility for personal assistance services from a qualified agency or organization.

            (3) Participating in an annual re-evaluation.

            (4) Choosing a qualified provider in the state.

            D. The evaluation team shall:

            (1) Determine the eligibility of the person with significant disabilities for personal assistance services.

            (2) Reevaluate the person with significant disabilities annually to determine the person's continuing need for services.

            E. In determining eligibility for a subsidy, the department shall follow the recommendations of the evaluation team or shall give notice to the person within twenty days of receipt of the recommendations of the evaluation team of its reasons for not following the team's recommendations.

            F. Repealed by Acts 1995, No. 1198, §2.

            Acts 1987, No. 781, §1; Acts 1990, No. 653, §1, eff. July 19, 1990; Acts 1995, No. 1198, §§1, 2; Acts 2003, No. 544, §1; Acts 2006, No. 617, §1; Acts 2008, No. 308, §1; Acts 2010, No. 939, §8, eff. July 1, 2010; Acts 2014, No. 493, §1, eff. June 5, 2014.