§1604.4. Preference for goods manufactured, or services performed by individuals with disabilities through supported employment providers; definitions; coordinating council

            A. Every agency shall give a preference in its purchasing practices to goods manufactured and services performed by individuals with disabilities through supported employment providers, provided such goods manufactured or services performed are equal in quality and reasonable in the rate charged based upon those goods and services available from other providers.

            B. There is hereby created within the Louisiana Department of Health, the "State Use Council for the Purchase of Goods and Services Provided by Individuals with Disabilities", hereinafter referred to as "council", whose function shall be to coordinate and facilitate carrying out the provisions of this Section and the provisions of R.S. 38:2261.

            (1) The membership of the council shall be determined by the secretary of the Louisiana Department of Health.

            (2) The council shall have authority to designate and contract with a central nonprofit agency to assist supported employment providers in submitting applications for the selection of suitable goods and services, to facilitate the allocation of orders among qualified supported employment providers, and otherwise to assist the council in performing its functions.

            (3) The council shall solicit and evaluate competitive sealed proposals pursuant to R.S. 39:1595 at least every five years to designate and contract with a central nonprofit agency.

            C. The Louisiana Department of Health may adopt, promulgate, and enforce such rules and regulations as are necessary and appropriate to implement the provisions of this Section and the provisions of R.S. 38:2261. The regulations shall be promulgated in accordance with the Administrative Procedure Act, R.S. 49:950 et seq.

            D. For the purposes of this Section, the following terms are defined as follows:

            (1) "Central nonprofit agency for individuals with disabilities" means an agency that:

            (a) Is incorporated under the Louisiana Nonprofit Corporation Law and operated in the interests of individuals with disabilities, and the income of which does not inure in whole or in part to the benefit of any shareholder or other private individual.

            (b) Complies with any applicable occupational health and safety standards provided by the statutes or regulations of this state and of the United States.

            (2) "Client" means an individual with a disability who is employed by a supported employment provider.

            (3) "Direct labor" means all labor involved in the manufacture of goods or the performance of services except for supervision, instruction, administration, and shipping.

            (4) "Goods manufactured and services performed by individuals with disabilities" means goods and services for which not less than forty percent of the man-hours of direct labor required for manufacture or performance is provided by individuals with disabilities.

            (5) "Individuals with disabilities" means individuals with a physical, behavioral, developmental, intellectual, sensory, mental, or addictive disorder which constitutes a substantial obstacle to their employment.

            (6) "Supported employment provider" means a nonprofit organization, program, or entity as defined by R.S. 12:201 et seq., which provides gainful, competitive, integrated employment, training, and rehabilitation services for individuals with disabilities in compliance with a central nonprofit agency for individuals with disabilities. In Fiscal Years 2019-2020 and 2020-2021, "supported employment provider" shall also include any sheltered workshop transitioning to a model of gainful, competitive, integrated employment, training, and rehabilitation services for individuals with disabilities.

            Acts 1984, No. 109, §1; Acts 2010, No. 939, §6, eff. July 1, 2010, and Subsections (C) and (D) eff. Jan. 1, 2011; Acts 2014, No. 811, §21, eff. June 23, 2014; Acts 2014, No. 864, §2, eff. Jan. 1, 2015; Acts 2019, No. 312, §3, eff. July 1, 2019.