§100.62. Community Options Waiver Fund

            A. There is hereby created in the state treasury, as a special fund, the Community Options Waiver Fund, hereinafter referred to as the "fund".

            B.(1) The source of monies in the fund shall be as follows:

            (a) In any fiscal year, the state treasurer is directed to deposit twelve percent of the total of recurring state general fund revenue as recognized by the Revenue Estimating Conference in excess of the official forecast at the beginning of the current fiscal year, not to exceed fifty million dollars in any fiscal year, into the fund, and monies in the fund from this Subparagraph shall be used for appropriation in the ensuing fiscal year. Such deposits shall not affect the deposits required pursuant to R.S. 39:100.61.

            (b) Monies designated for the fund and received by the state treasurer from donations, gifts, grants, appropriations, or other revenue.

            (2) Monies in the fund shall be invested in the same manner as monies in the state general fund. Interest earned on investment of monies in the fund shall be credited to the fund. Unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund.

            (3) For the purposes of this Section, "waiver services" means Medicaid services provided under the Community Choices Waiver or the Adult Day Health Care Waiver or any other Medicaid home and community-based service for persons with adult-onset disabilities as promulgated by rule by the Louisiana Department of Health. The Louisiana Department of Health shall consult with stakeholders representing persons with adult-onset disabilities to develop a plan for appropriations out of the fund.

            C. Subject to an appropriation by the legislature, monies in the fund shall be used solely to fund waiver services, to improve the capacity of the state to meet the varying and complex needs of individuals with adult-onset disabilities, and shall be administered by the Louisiana Department of Health. The funding shall not be used to supplant appropriations from the general fund for waiver services. Nothing contained in this Subpart shall prohibit the legislature from appropriating additional monies for waiver services.

            Acts 2023, No. 187, §1, eff. July 1, 2023; Acts 2024, No. 723, §3, eff. June 19, 2024.