La. Admin. Code tit. 55 § XXIII-305

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

Section XXIII-305 - Reimbursement

A. Intrastate Mutual Aid Compact response shall not depend on assistance that may result from a state or federal disaster declaration.

B. With a letter to the requesting parish, assisting parishes may donate mutual aid or assume partial or total costs associated with loss, damage or use of personnel, equipment and/or resources while providing mutual aid through an IMAC request.

C. Reimbursement shall not be:

1. provided to those assisting parishes that document the donation of their services or assume any costs while providing IMAC assistance;

2. available for costs incurred when mutual aid assistance has been provided to a parish that does not have a formal declaration of emergency;

3. for costs associated with Worker Compensation claims or death benefits to injured assisting parish responders, other than the portion of the responder's agreed-upon daily cost rate ordinarily attributable to "benefits;"

4. in duplication of other payment and insurance proceeds;

5. provided for costs and expenses incurred that cannot be supported by documentation;

6. provided to assisting parishes that have self-deployed without a formal request from a requesting parish; or

7. provided for ineligible costs including:

a. the value of volunteer labor or paid labor that is provided at no cost;

b. administration of IMAC resources; and

c. training, exercise or on-the-job training.

D. Responsibilities of a requesting parish include:

1. review and agreement to estimated daily costs of resources offered by an assisting parish prior to deployment of those resources;

2. coordination of requests for reimbursement from assisting parish through the authorized representatives;

3. maintaining financial records in compliance with the state or local retention guidance;

4. ensure a state of emergency was issued by the parish;

5. maintaining and making available all appropriate documentation; and

E. Responsibilities of an assisting parish include:

1. providing estimated daily costs of resources requested by the requesting parish prior to deployment of resources;

2. using Intrastate Mutual Aid Compact reimbursement procedures, seek reimbursement through the authorized representative for expenses associated with resources provided in response to an IMAC request;

3. providing accurate and complete request for reimbursement to the requesting parish authorized representative within 30 days from demobilization;

4. maintaining original documents that support request for reimbursement in accordance with applicable record retention guidance; and

5. providing a written request for a time extension through the authorized representative if a reimbursement request cannot be completed within the 30 day timeframe.

F. Responsibilities of the state of Louisiana:

1. providing technical assistance should a requesting parish seek reimbursement for mutual aid provided by an assisting parish.

G. Revised Statutes 29:739(H) added by Act 1035 of the 2010 Regular Legislative Session, effective August 15, 2010, provides that personnel authorized by their employer to respond to an event who sustain injury or death in the course and scope of their employment remain entitled to all applicable benefits normally available pursuant to their employment even though they may be under the direction and control of another governmental entity.

La. Admin. Code tit. 55, § XXIII-305

Promulgated by the Office of the Governor, Office of Homeland Security and Emergency Preparedness, LR 38:1021 (April 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 29:725.