§447.1. Public assistance recipients; family planning education; contraceptives

A.(1) Subject to the provisions of appropriation acts, the secretary of the Louisiana Department of Health shall establish a program to provide information to public assistance recipients regarding family planning, including information regarding abstinence, but excluding abortion. The secretary shall promulgate a list of contraceptive methods and devices that have been approved by the secretary based on their safety and effectiveness. Such list shall include long-term contraceptive methods, but shall not include abortifacients.

(2) Information regarding family planning, including the use of contraceptive methods and devices and abstinence, but excluding abortion, shall be disseminated in such a manner that is reasonably calculated to make the information easily accessible to such recipients and in accordance with the provisions of Subsection C herein. For those recipients who have contact with a case worker or other such person acting on behalf of the state, dissemination shall include but not be limited to a method whereby each such recipient is provided written information concerning the effective use of contraceptive methods and devices by the case worker or other appropriate person working with the recipient on behalf of the state.

(3) The secretary shall make the approved contraceptive methods and devices available to each public assistance recipient who is receiving aid to families with dependent children or who is receiving public assistance with the cost of medical care under the medical assistance program (Medicaid).

B. The program shall provide for examinations by healthcare providers for the health and safety of public assistance recipients who elect to avail themselves of or to practice forms of family planning approved or made available by the secretary. Any recipient of Aid to Families with Dependent Children or any successor program, or recipient of public assistance with the cost of medical care through the medical assistance program (Medicaid), who elects to avail himself or herself of the services or contraceptives offered under the program shall be provided with such an examination within fourteen days of his or her initial request. If his or her choice of family planning methods involves the use of contraceptives or requires the performance of medical procedures, excluding abortions, he or she shall be provided with his or her choice of approved contraceptive or given the opportunity to undergo the appropriate medical procedure within seven days of his or her request for the contraceptive or procedure.

C. The secretary of the Louisiana Department of Health shall provide specific written descriptions of the services available in the program established under this Section to all recipients of Aid to Families with Dependent Children or any successor program, and to all recipients of public assistance with the cost of medical care through the medical assistance program (Medicaid), at least semiannually through methods that may include direct mail to all such recipients.

D. The secretary of the Louisiana Department of Health shall adopt rules and regulations for the administration of the program established under this Section, including appropriate requirements and procedures for participants to receive prompt examinations by and consultations with healthcare providers in accordance with Subsection B of this Section.

E. The provisions of this Section shall be administered in accordance with R.S. 40:1061.5 and 1061.6.

Acts 1992, No. 932, §1; Acts 2018, No. 206, §5.