La. Admin. Code tit. 48 § I-10105

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-10105 - Statutory Authority

A.Public Law 93-641, the National Health Planning and Development Act of 1974 amends the Public Health Services Act in order to assure the development of a national health policy and effective state and area health planning and resource development programs.

B.Public Law 93-641 states that:

1. "The achievement of equal access to quality health care at a reasonable cost is a priority of the federal government. The massive infusion of federal funds into the existing health care system has contributed to inflationary increases in the cost of health care and failed to produce an adequate supply or distribution of health resources, and consequently has not made possible equal access for everyone to such resources. The many and increasing responses to these problems by the public sector on federal, state, and local levels and the private sector have not resulted in a comprehensive, rational approach to the present [specifically there is:]

a. lack of uniformly effective methods of delivering health care;

b. maldistribution of health care facilities and manpower; and

c. increasing cost of health care.

2. Increases in the cost of health care, particularly of hospital stays, have been uncontrollable and inflationary, and there are presently inadequate incentives for the use of appropriate alternative levels of health care, and for the substitution of ambulatory and intermediate care for inpatient hospital care. Since the health care provider is one of the most important participants in any health care delivery system, health policy must address the legitimate needs and concerns of the provider if it is to achieve meaningful results; and, thus, it is imperative that the provider be encouraged to play an active role in developing health policy at all levels. Large segments of the public are lacking in basic knowledge regarding proper health care and methods of effective use of available health services."

C. In recognition of the magnitude of the problems described in the law and the urgency placed upon their solution, it is the purpose of the National Health Planning and Resources Development Act of 1974 to facilitate the development of recommendations for a national health planning policy; to augment areawide and state planning for health services, manpower, and facilities; and to authorize financial assistance for the development of resources to further that policy.

D. The Act also requires the designation of a State Health Planning and Development Agency to perform within each state the health planning and development function prescribed by the Act; and stipulates that the designated State Health Planning and Development Agency be advised by a Statewide Health Coordinating Council.

E. Governor's Executive Order No. 79-02 of 1979 designated the Department of Health and Human Resources as the State Health Planning and Development Agency (SHPDA). This agency is organizationally located in the Division of Policy, Planning and Evaluation of the Office of Management and Finance within the Department of Health and Human Resources.

F. The governor also authorized the creation and establishment of the Statewide Health Coordinating Council in conformance with regulations published by the secretary of the Department of Health and Human Services. The Louisiana Statewide Health Coordinating Council is comprised of 31 persons, 30 of whom are appointed by the governor, and is inclusive of consumers and providers of health care and governmental officials. Membership composition should reflect the geographic and racial composition of the state as a whole.

La. Admin. Code tit. 48, § I-10105

Promulgated by the Department of Health and Human Resources, Office of Management and Finance, LR 13:246 (April 1987).

AUTHORITY NOTE: Promulgated in accordance with P.L. 93-641 as amended by P.L. 96-79, and R.S. 36:256(b).