Louisiana Administrative Code
Title 67 - SOCIAL SERVICES
Part VII - Rehabilitation Services
Chapter 15 - Independent Living Policy Manual
Section VII-1517 - Financial
Universal Citation: LA Admin Code VII-1517
Current through Register Vol. 50, No. 9, September 20, 2024
A. Comparable Services and Similar Benefits
1.
Determination of Availability
a. Prior to
providing any independent living service to an eligible individual, LRS will
determine whether comparable services and benefits are available under any
other program (including programs carried out under Title I, Rehabilitation Act
Amendments of 1998) unless such a determination would interrupt or delay;
i. the provision of such service to any
individual at extreme medical risk, with such risk documented by an appropriate
Licensed Medical Professional. Extreme Medical Risk is defined
as a risk of substantially increasing functional impairment or risk of death if
services are not provided expeditiously.
2. Exceptions to Use of Comparable Services
and Benefits
a. The following independent
living services can be provided without making a determination of the
availability of comparable services and benefits:
i. services provided through LRS' Information
and Referral System;
ii. assessment
for determining eligibility and independent living needs, including if
appropriate, assessment by personnel skilled in rehabilitation
technology;
iii. counseling and
guidance (provided by LRS counselor), including information and support
services to assist an individual in exercising informed choice;
iv. referral and other services needed to
secure necessary services from other agencies through cooperative agreements,
if such services are not available from LRS.
B. Individual's Participation in the Cost of IL Services
1. LRS will consider,
through budgetary analysis of assets, income, monthly liabilities, and
comparable services and similar benefits, the financial need of eligible
individuals for purposes of determining the extent of the individual's
participation in the costs of certain independent living services.
a. Neither a financial needs test, nor a
budgetary analysis, is applied and no financial participation is required as a
condition for furnishing the following independent living services:
i. assessment for determining
eligibility;
ii. assessment for
determining independent living needs;
iii. counseling and guidance (provided by LRS
Counselor), including information and support services to assist an individual
in exercising informed choice;
iv.
referral and other services to secure needed services from other agencies
through cooperative agreements, if such services are not available from
LRS;
v. rehabilitation technology
assessments.
b. A
financial needs test will be applied through budgetary analysis to determine
the ability of the individual to financially contribute to the cost of the
following independent living services:
i.
counseling services, including psychological, psychotherapeutic and related
services;
ii. services related to
housing or shelter, including appropriate accommodations to, and modifications
of, any space used to serve, or occupied by, individuals with
disabilities;
iii. rehabilitation
technology;
iv. personal assistance
services, including attendant care;
v. consumer information programs on
rehabilitation and independent living services;
vi. supported living;
vii. transportation;
viii. physical rehabilitation;
ix. therapeutic treatment;
x. provision of needed prostheses and other
appliances and devices;
xi.
individual and group social and recreational services;
xii. appropriate preventive services to
decrease the need of individuals receiving IL services for similar services in
the future;
xiii. any other IL
service available under the State Plan for Independent Living which are
appropriate to the IL needs of the eligible individual.
c. An individual's status for the budget
analysis will be determined as follows:
i.
the agency will perform the budget analysis on the basis of the resources of
both the client and the spouse if the client is married;
ii. the agency will perform the budget
analysis on the basis of the resources of the family unit for all single
clients living in the family home as a family member. Temporary absences from
the home, such as for vacations, school, or illness, count as time lived in the
home;
iii. the agency will perform
the budget analysis on an individual who has returned to the family unit on the
basis of the resources of only that individual if the following conditions are
met:
(a). the individual's disability has
precluded their obtaining or maintaining employment; and
(b). the individual has a documented history
of self-sufficiency that includes providing over one-half the costs of
maintaining a residence for at least one year prior to their return to the
family unit; and
(c). the
individual's parent(s), legal guardian, or other head of household provides
documentation that indicates such person(s) do not claim the individual as an
exemption for federal and/or state income tax purposes.
d. Family unit is defined as the client and
the client's parents or the client and any significant other(s), such as aunts,
uncles, friends, legal guardians, etc., who are living in the household and are
providing support for the maintenance of the household in which the client
lives. Adult siblings of the client can be excluded as a member of the family
unit for income reporting; but, must also be excluded from the family unit in
the determination of allowable monthly liabilities.
e. Individuals who do not provide LRS with
necessary financial information to perform the budget analysis will be eligible
only for those independent living services that are not conditioned upon an
analysis to determine the extent of the individual's participation in the costs
of such services.
f. Simultaneously
with the comprehensive assessment, at the annual review of the ILP, and at any
time there is a change in the financial situation of either the client or the
family, the counselor will perform a budget analysis for each client requiring
independent living services as listed above. The amount of client participation
in the cost of their independent living program will be based upon the most
recent budget analysis at the time the relevant ILP or amendment is
developed.
2. State and Departmental Purchasing
Procedures. All applicable state, departmental and agency purchasing policies
and procedures must be followed.
a. LRS does
not purchase vehicles or real estate. LRS does not renovate or remodel
housing.
b. Fee Schedule. Services
and rates of payment must be authorized in accordance with LRS' Medical Fee
Schedule and LRS' Technical Assistance and Guidance Manual, Section 500 which
lists approved service providers.
c. Approval of Service Providers
i. Any service provider approved by the
agency must agree not to make any additional charge to or accept any additional
payment from the client or client's family for services authorized by the
agency.
ii. Relatives of
independent living clients will not be approved as a paid service provider
unless such individuals are professionally and occupationally engaged in the
delivery of such services by offering their services to the general public on a
regular and consistent basis.
d. Prior Written Authorization and
Encumbrance
i. Either before or at the same
time as the initiation or delivery of goods or services, the agency must be in
possession of the proper authorizing document.
AUTHORITY NOTE: Promulgated in accordance with the Rehabilitation Act of 1973, as amended, R.S. 49:664 Section 6B, R.S.36:477(c), R.S. 46:331-335, R.S. 1595.3 and R.S. 39:1594(I).
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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