This section limits services under the program to authorized home-based or home-support services, and sets special rules for repair work, plumbing licensing, and volunteer referrals.
§937.1. Eligibility; services provided NOTE: Subsection A eff. until one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier. See Acts 2013, No. 384, §§5 and 9. A. Eligibility for this program shall be initially determined on the basis of the comprehensive assessment required by R.S. 46:937. No person shall receive services under this program without such services being authorized on the basis of the comprehensive assessment results. NOTE: Subsection A as amended by Acts 2013, No. 384, §5, eff. when one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier. A. Eligibility for the frail elderly program shall be initially determined on the basis of the comprehensive assessment required by R.S. 46:937. No person shall receive services under this program without such services being authorized on the basis of the comprehensive assessment results. NOTE: Paragraph (B)(1) eff. until one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier. See Acts 2013, No. 384, §§5 and 9. B.(1) Services to be provided under this program shall be limited to those services provided in the person's home or those services intended to maintain the person's ability to live at home. These shall include but need not be limited to the social, nutrition, and support services currently provided by the councils on aging, such as home-delivered meals, respite care, homemaker services, and chore assistance. NOTE: Paragraph (B)(1) as amended by Acts 2013, No. 384, §5, eff. when one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier. B.(1) Services to be provided under the frail elderly program shall be limited to those services provided in the person's home or those services intended to maintain the person's ability to live at home. These shall include but need not be limited to the social, nutrition, and support services currently provided by the councils on aging, such as home-delivered meals, respite care, homemaker services, and chore assistance. (2) The program shall also include minor home repairs and routine maintenance. Minor home repairs and routine maintenance shall be limited to those repairs and maintenance items performed at no charge that do not require a building permit and which are intended to maintain the person's ability to live at home as well as to provide for the person's comfort and safety. Any persons providing minor home repair or routine maintenance services through this program shall not be subject to any applicable state licensing laws unless such persons are performing plumbing repairs. Any person performing plumbing repairs shall either possess a valid license to perform such repairs or furnish proof that he previously possessed such license and the license was not revoked or suspended for cause. However, all repair work must be performed in accordance with applicable building codes. NOTE: Paragraph (B)(3) eff. until one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier. See Acts 2013, No. 384, §§5 and 9. (3) All other services provided through this program shall be subject to any applicable state licensing laws and to such service standards as may be promulgated by the office. NOTE: Paragraph (B)(3) as amended by Acts 2013, No. 384, §5, eff. when one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier. (3) All other services provided through the frail elderly program shall be subject to any applicable state licensing laws and to such service standards as may be promulgated by the department. C.(1) Participating voluntary councils on aging may establish a referral service for home repair and maintenance work. Such referral service shall provide the names of reputable, licensed contractors and repairmen who are willing to provide repair services for a fee. The council and any director or employee shall be immune from any civil liability that might otherwise be incurred or imposed as a result of a referral of a particular contractor absent willful and wanton misconduct. (2) Participating voluntary councils on aging may recruit and coordinate volunteers to provide minor home repair and maintenance services as described in Subsection B of this Section which do not require the use of a licensed technician or a building permit. Acts 1992, No. 358, §1, eff. June 17, 1992; Acts 1995, No. 1134, §1, eff. June 29, 1995; Acts 2013, No. 384, §5, eff. when one of the 20 executive branch depts. is abolished or a const. amend. authorizing creation of an additional dept. becomes effective, whichever is earlier.