SUBPART O. WAIVER FUNDS

§100.61. New Opportunities Waiver Fund

            A. There is hereby created in the state treasury, as a special fund, the New Opportunities 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 all recurring state general fund revenue, not to exceed fifty million dollars in any fiscal year, as recognized by the Revenue Estimating Conference in excess of the Official Forecast at the beginning of the current fiscal year into the fund, and monies in the fund from this Subparagraph shall be used for appropriation in the ensuing fiscal year.

            (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 this 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 New Opportunities Waiver, the Children's Choice Waiver, or any other Medicaid home and community-based waiver for persons with developmental disabilities as promulgated by rule by the Louisiana Department of Health. The Louisiana Department of Health shall consult with the Louisiana Developmental Disabilities Council to develop a plan for appropriations out of this fund.

            C. Subject to an appropriation by the legislature, monies in the fund shall be used solely to fund waiver services, as defined in this Section, to improve the capacity of the state to meet the varying and complex needs of individuals with developmental disabilities, with emphasis on increasing the number of recipients of waiver services, and administered by the Louisiana Department of Health. Such funding shall not be used to supplant appropriations from the general fund for waiver services as defined in this Section. Nothing contained in this Subpart shall prohibit the legislature from appropriating additional monies for waiver services as defined in this Section.

            Acts 2007, No. 481, §1, eff. July 1, 2007; Acts 2012, No. 508, §1, eff. July 1, 2012; Acts 2018, No. 665, §1; Acts 2023, No. 187, §1, eff. July 1, 2023.