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LDH News
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EMERGENCY RULE: Controlled Dangerous Substances
The Department of Health and Hospitals, Office of Public Health (DHH/OPH), pursuant to the rulemaking authority granted to the Secretary of DHH by R.S. 40:962(C) and (H), hereby adopts the following Emergency Rule for the protection of public health. This rule is being promulgated in accordance with the Administrative Procedure Act (R.S. 49:950, et seq.). Based on the criteria, factors, and guidance set forth in R.S. 40:962(C) and 40:963, the Secretary, under this rulemaking, has determined that the below listed substances have a high potential for abuse and should be scheduled as controlled dangerous substances to avoid an imminent peril to the public health, safety, or welfare. In reaching the decision to designate the below listed substances as controlled dangerous substances under Schedule I, the Secretary has considered the criteria provided under R.S. 40:963 and the specific factors listed under R.S. 40:962(C). The Secretary has determined that Schedule I is the most appropriate due to her findings that the substances added herein have a high potential for abuse, the substances have no currently accepted medical use for treatment in the United States, and there is a lack of accepted safety for use of the substances under medical supervision.
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STOP ORDER: Controlled Dangerous Substance
Pursuant to the provisions of La. R.S. 40:996.1 et seq., the Secretary of the Louisiana Department of Health and Hospitals (“DHH”) hereby gives notice of intention to adopt a rule declaring: • N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl)-1H-indole-3-carboxamide; • N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide; and • methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate (hereinafter sometimes referred to as “the substances”) as dangerous substances and issuing a dangerous substance stop order prohibiting the sale, distribution, manufacture, or dispensing of such substances.
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Applied Behavior Analysis-Based Therapy Services (LAC 50:XV.Chapters 1-7)
Continues the provisions of the October 20, 2014 Emergency Rule which amended the provisions of the February 1, 2014 Emergency Rule to ensure compliance with all of the provisions required by the court order issued in Melanie Chisholm, et al vs. Kathy Kliebert class action litigation.
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Home Health Program - Rehabilitation Services - Reimbursement Rate Increase (LAC 50:XIII.Chapter 9)
Continues the provisions of the February 13, 2014 Emergency Rule which amended the provisions governing the Home Health Program in order to increase the reimbursement rates for physical and occupational therapy services provided to recipients under the age of 21, and to discontinue the automatic enhanced rate adjustment for these services.
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Inpatient Hospital Services - Non-Rural, Non-State Hospitals - Children's Specialty Hospitals Reimbursements (LAC 50:V.967)
Continues the provisions of the October 4, 2014 Emergency Rule which amended the provisions governing the reimbursement methodology for inpatient hospital services rendered by children’s specialty hospitals to revise the reimbursement methodology and establish outlier payment provisions.
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Inpatient Hospital Services - Public-Private Partnerships - South Louisiana Area (LAC 50:V.1703)
Continues the provisions of the June 20, 2014 Emergency Rule which amended the provisions of the June 24, 2013 Emergency Rule governing inpatient hospital services to remove the provisions governing the cooperative endeavor agreements for Lafayette and New Orleans area hospitals as a result of the U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services’ disapproval of the corresponding State Plan Amendments.
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Intermediate Care Facilities for Persons with Intellectual Disabilities - Complex Care Reimbursements (LAC 50:VII.32915)
Continues the provisions of the October 1, 2014 Emergency Rule which amended the provisions governing the reimbursement methodology for ICFs/ID to establish reimbursement for complex care services provided to Medicaid recipients residing in non-state ICFs/ID.
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Intermediate Care Facilities for Persons with Intellectual Disabilities - Public Facilities - Reimbursement Rate Increase (LAC 50:VII.32969)
Continues the provisions of the October 1, 2014 Emergency Rule which amended the provisions governing the transitional rates for public facilities in order to increase the Medicaid reimbursement rate.
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Medicaid Eligibility - Provisional Medicaid Program (LAC 50:III.2305)
Continues the provisions of the February 9, 2014 Emergency Rule which adopted provisions to implement the Provisional Medicaid Program.
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Medical Transportation Program - Non-Emergency Medical Transportation (LAC 50:XXVII:Chapter 5)
Continues the provisions of the October 1, 2014 Emergency Rule which repealed the October 20, 1994 Rule in order to revise the provisions governing NEMT services, and to ensure that these provisions are appropriately promulgated in a codified format for inclusion in the Louisiana Administrative Code.
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Outpatient Hospital Services - Public-Private Partnerships - South Louisiana Area (LAC 50:V.6703)
Continues the provisions of the October 20, 2013 Emergency Rule which amended the provisions governing the reimbursement methodology for outpatient hospital services provided by non-state owned hospitals participating in public-private partnerships to remove the New Orleans Area hospital which was erroneously included in these provisions.