La. Admin. Code tit. 48 § IX-1125

Current through Register Vol. 50, No. 9, September 20, 2024

Section IX-1125 - Ineligible Supports

A. Supports ineligible for payment by individual and family support funding include, but are not limited to:

1. items or supports for which an individual or family is routinely eligible under existing programs, such as home and community-based waiver, Medicaid State Plan, EarlySteps, Louisiana Rehabilitation Services, local education agency or Medicaid funded behavioral health unless there is sufficient documented justification that the specific needs of the individual and/or family are not met;

2. items or supports for which a school-aged (3-22 years) child is eligible as a "related service" under Public Law 94-142, unless there is sufficient documentation of efforts to address the need through the child's individualized education program (IEP) and to pursue due process if warranted;

3. payments made towards or payments made for FICA taxes, workmans compensation insurance, liability insurance, etc. by a participant or their family to insure workers in their home providing IFS services.

4. behavior management for school-aged children, unless maladaptive behavior(s) will likely result in out-of-home placement in the absence of such supports;

5. funding for supports and/or equipment for individuals with developmental disabilities when needed only for the care giver's health, unless, such requests are based on supporting the care giver's long-term ability to maintain the participant in the home and community; and

6. funding for any costs associated with the participants individual or family liability for employment of persons to provide individual and family support funded services, more specifically FICA taxes, workmans compensation insurance, etc.

La. Admin. Code tit. 48, § IX-1125

Promulgated by the Department of Health, Office for Citizens with Developmental Disabilities, LR 43669 (4/1/2017), Amended by the Department of Health, Office for Citizens with Developmental Disabilities, LR 46354 (3/1/2020).

AUTHORITY NOTE: Promulgated in accordance with R.S. 28:824.