reglab/housing_qa huggingface dataset:
LA Rev Stat § 40:2120.6 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2120.6. Operation without license; penalty

RS 2120.6 - Operation without license; penalty A. A home- and community-based service provider shall not operate without a license issued by the licensing agency, regardless of provider payor source. Any such facility or provider operating without a license shall be guilty of a misdemeanor and upon conviction shall be fined no less than two hundred fifty dollars nor more than one thousand dollars. Each day of violation shall constitute a separate offense. It shall be the responsibility of the department to inform the appropriate district attorney of the alleged violation to assure enforcement. B. If a home- and community-based service provider is operating without a license issued by the licensing agency, the department shall have the authority to issue an immediate cease and desist order to that facility or provider. Any such facility or provider receiving such a cease and desist order from the department shall immediately cease operations until such time as that provider is issued a license by the applicable licensing agency. C. The department shall seek an injunction in the Nineteenth Judicial District Court against any facility or provider who receives a cease and desist order from the department under Subsection B of this Section and who does not cease operations immediately. Any such facility or provider against whom an injunction is granted shall be liable to the department for attorney fees, costs, and damages. Acts 2005, No. 483, §1, eff. July 12, 2005; Acts 2008, No. 839, §3, eff. July 8, 2008.
LA Rev Stat § 40:2120.7 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2120.7. Fees on home- and community-based service providers; disposition of fees

RS 2120.7 - Fees on home- and community-based service providers; disposition of fees A.(1) The department is hereby authorized to adopt and impose fees for home- and community-based services on every home- and community-based service provider and to adopt rules and regulations relative to the imposition of such fees. The amount of any fee shall not exceed the total cost to the state of providing the service subject to such fee. In addition, the amount of the fees imposed shall not exceed six percent of the gross revenues of such agency or program. (2) Any fee authorized by and imposed pursuant to this Section shall be considered an allowable cost for purposes of insurance or other third-party reimbursements and shall be included in the establishment of reimbursement rates. (3) All fees collected pursuant to this Section shall be paid into the state treasury and after compliance with Article VII, Section 9(B) of the Constitution of Louisiana, relative to the Bond Security and Redemption Fund, shall be deposited into the state general fund. (4) The department shall not impose, adopt, or collect any fee authorized under the provisions of this Section until written approval is received from the secretary of the United States Department of Health and Human Services that home- and community-based service providers may be considered a "class of providers" for the purposes of 42 CFR 433.56. B.(1) The department is hereby authorized and directed to adopt and promulgate, pursuant to the Administrative Procedure Act, such rules and regulations as are necessary to administer the fees imposed pursuant to this Section, including but not limited to rules and regulations regarding the collection and payment of the fees and the records necessary to be maintained and made available by the providers on whom the fees are imposed. Any such information, other than the amount of fees collected from each provider and the total amount of revenues generated by the fees collected pursuant to this Section, which is received by any department or agency of the state pursuant to this Part, shall be held confidential. (2) The department is authorized and directed to adopt and promulgate, pursuant to the Administrative Procedure Act, rules and regulations governing the rights and obligations of those on whom said fees will be imposed. Such rules and regulations shall include the administrative appeal rights and procedures governing disputes arising out of the collection or administration of the fees authorized pursuant to this Section. The department is authorized to collect the fees permitted pursuant to this Section by withholding all or part of a provider's regular Medicaid remittance. C. The governor, by executive order, may designate any agency, department, or division of state government to collect the fees authorized pursuant to this Section. Acts 2005, No. 483, §1, eff. July 12, 2005; Acts 2008, No. 839, §3, eff. July 8, 2008.
LA Rev Stat § 40:2120.8 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2120.8. Terminated by Acts 2008, No. 328, § 3, eff. July 1, 2010

RS 2120.8 - Terminated by Acts 2008, No. 328, § 3, eff. July 1, 2010
LA Rev Stat § 40:2120.9 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2120.9. Comprehensive plan

RS 2120.9 - Comprehensive plan  A. The Louisiana Department of Health is hereby directed to develop a comprehensive plan to address the delivery of quality services to a person receiving home- and community-based services, and the department shall submit a written report to the House Committee on Health and Welfare and the Senate Committee on Health and Welfare by January 15, 2012.  B. The plan shall be developed with input from stakeholders and shall include action steps, recommended timelines, and identified necessary resources for implementation, and shall address the following:  (1) Accreditation - accreditation of home- and community-based service providers.  (2) Compliance - assurance that all home- and community-based service providers meet the standards for licensure and plan for monitoring to ensure ongoing compliance.  (3) Billing - appropriate revisions to streamline the procedures for the billing of home- and community-based services and the monitoring thereof to reduce fraud and errors.  (4) Cost reporting - mandatory cost reporting by providers of home- and community-based services to verify expenditures and for use in determining appropriate reimbursement rates.  (5) Support coordination - appropriate revisions to streamline the delivery of support coordination and ensure that these services are timely, cost-effective, and efficient. The department shall assess the current support coordination system, in conjunction with a stakeholders group, to include families, persons who utilize support coordination and providers of home- and community-based services and based on that assessment to implement revisions to reform and streamline the delivery of support coordination.  (6) Rate reimbursement - review of reimbursement rate methodologies to promote administrative efficiencies and reflect the cost of providing quality home- and community-based services. This is inclusive of but not limited to medication administration.  (7) Technology - utilization of technology to simplify the training, delivery, monitoring, and payment for home- and community-based services.  (8) Medicaid enrollment - revision to requirements for Medicaid enrollment to promote sustainable quality home- and community-based services.  (9) Medicaid delivery options - provide for the use of organized health care delivery systems as an option for the provision of Medicaid-funded home and community based services.  Acts 2011, No. 299, §2.
LA Rev Stat § 40:2120.11 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2120.11. Repealed by Acts 2008, No. 839, §5, eff. July 8, 2008.

RS 2120.11 - Repealed by Acts 2008, No. 839, §5, eff. July 8, 2008.
LA Rev Stat § 40:2120.12 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2120.12. Repealed by Acts 2008, No. 839, §5, eff. July 8, 2008.

RS 2120.12 - Repealed by Acts 2008, No. 839, §5, eff. July 8, 2008.
LA Rev Stat § 40:2120.13 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2120.13. Repealed by Acts 2008, No. 839, §5, eff. July 8, 2008.

RS 2120.13 - Repealed by Acts 2008, No. 839, §5, eff. July 8, 2008.
LA Rev Stat § 40:2120.14 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2120.14. Repealed by Acts 2008, No. 839, §5, eff. July 8, 2008.

RS 2120.14 - Repealed by Acts 2008, No. 839, §5, eff. July 8, 2008.
LA Rev Stat § 40:2120.15 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2120.15. Repealed by Acts 2008, No. 839, §5, eff. July 8, 2008.

RS 2120.15 - Repealed by Acts 2008, No. 839, §5, eff. July 8, 2008.
LA Rev Stat § 40:2120.16 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2120.16. Repealed by Acts 2008, No. 839, §5, eff. July 8, 2008.

RS 2120.16 - Repealed by Acts 2008, No. 839, §5, eff. July 8, 2008.
LA Rev Stat § 40:2120.21 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2120.21. Repealed by Acts 2008, No. 839, §5, eff. July 8, 2008.

RS 2120.21 - Repealed by Acts 2008, No. 839, §5, eff. July 8, 2008.
LA Rev Stat § 40:2120.22 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2120.22. Repealed by Acts 2008, No. 839, §5, eff. July 8, 2008.

RS 2120.22 - Repealed by Acts 2008, No. 839, §5, eff. July 8, 2008.
LA Rev Stat § 40:2120.23 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2120.23. Repealed by Acts 2008, No. 839, §5, eff. July 8, 2008.

RS 2120.23 - Repealed by Acts 2008, No. 839, §5, eff. July 8, 2008.
LA Rev Stat § 40:2120.24 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2120.24. Repealed by Acts 2008, No. 839, §5, eff. July 8, 2008.

RS 2120.24 - Repealed by Acts 2008, No. 839, §5, eff. July 8, 2008.
LA Rev Stat § 40:2120.25 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2120.25. Repealed by Acts 2008, No. 839, §5, eff. July 8, 2008.

RS 2120.25 - Repealed by Acts 2008, No. 839, §5, eff. July 8, 2008.
LA Rev Stat § 40:2120.26 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2120.26. Repealed by Acts 2008, No. 839, §5, eff. July 8, 2008.

RS 2120.26 - Repealed by Acts 2008, No. 839, §5, eff. July 8, 2008.
LA Rev Stat § 40:2120.31 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2120.31. Short title

RS 2120.31 - Short title This Part may be cited as the "Adult Brain Injury Facility Licensing Law". Acts 2005, No. 245, §1, eff. June 29, 2005.
LA Rev Stat § 40:2120.32 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2120.32. Legislative intent; declaration of purpose and policy

RS 2120.32 - Legislative intent; declaration of purpose and policy  A. It is the intent of the legislature to protect the health, safety, and well-being of the citizens of the state who suffer from brain injuries and are receiving care in an adult brain injury facility. In instances in which a brain injury occurs, the functions of the neurons, nerve tracts, or sections of the brain can be affected. If the neurons and nerve tracts are affected, they can be unable to or have difficulty carrying the messages that tell the brain what to do thereby changing the way a person thinks, acts, feels, and moves their body. Brain injury can also temporarily or permanently change the complex internal functions of the body, such as regulating body temperature, bladder control, or blood pressure. Brain injury often causes major stresses in peer and family relationships as well as educational and employment settings, and may result in mild, moderate, or severe impairments in cognition, physical functioning, and psychosocial behavior. Unique care is necessary to rehabilitate and provide for the needs of these individuals in order for them to achieve their fullest capacity. Toward that end, it is the purpose of this Part to provide for uniform statewide minimum standards for the safety and well-being of those suffering from brain injury in such facilities, to ensure the maintenance of these standards, and to regulate conditions in these facilities through a program of licensing.  B. It shall be the policy of the state to ensure protection of all individuals receiving care in adult brain injury facilities and to encourage and assist in the improvements of programs. It is the further intent of the legislature that the freedom of religion of all citizens shall be inviolate. This Part shall not give the Louisiana Department of Health jurisdiction or authority to regulate, control, supervise, or in any way be involved in the form, manner, or content of any religious curriculum or instruction of a facility sponsored by a church or religious organization so long as the civil and human rights of the individuals are not violated.  Acts 2005, No. 245, §1, eff. June 29, 2005.
LA Rev Stat § 40:2120.34 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2120.34. Licensing; applications; provisional licenses; fees

RS 2120.34 - Licensing; applications; provisional licenses; fees A. All adult brain injury facilities, including facilities or agencies owned or operated by any governmental, profit, nonprofit, private, or church agency, shall be licensed. B. Application for license shall be to the department upon forms furnished by the department. Upon determination that the facility is in compliance with the minimum requirements for licensure as established by the department and with all other applicable state and local laws and regulations, the department shall issue a license for such period as may be provided for in the published regulations of the department. C. The department may provide by rule for the issuance of provisional licenses. A provisional license may be issued to an existing facility when the facility is not in full compliance with regulations, codes, or standards except in cases where the failure to comply is detrimental to the health or safety of the clients. D. A license shall apply only to the location stated on the application, and such license, once issued, shall not be transferable from one place to another or from one person to another. If the location or owner of the facility is changed, the license shall be automatically revoked. A new application form shall be completed prior to all license renewals. E. The licensee shall display the license in a prominent place at the facility or agency. F. There shall be an annual license fee to be set by the department not to exceed two hundred fifty dollars for any license issued in accordance with the provisions of this Part. Monies collected for annual fees shall be used for the investigation and enforcement of the provisions of this Part. Acts 2005, No. 245, §1, eff. June 29, 2005.
LA Rev Stat § 40:2120.35 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2120.35. Rules, regulations, and standards for licenses

RS 2120.35 - Rules, regulations, and standards for licenses  A. The department shall promulgate rules and regulations to carry out the provisions of this Part in accordance with the provisions of the Administrative Procedure Act.  B. The department shall promulgate minimum standards for adult brain injury facilities as defined in this Part which, at a minimum, shall:  (1) Promote the health, safety, and welfare of clients of adult brain injury facilities.  (2) Promote safe, comfortable, and proper physical facilities which, at a minimum, comply with applicable provisions of the Life Safety Code and the Louisiana Sanitary Code.  (3) Ensure adequate supervision of the clients.  (4) Include requirements for all personnel and employees of the facility.  (5) Prohibit discrimination by brain injury facilities on the basis of race, color, creed, sex, disability, as defined in R.S. 51:2232, national origin, or ancestry.  (6) Include procedures for survey and complaint investigations.  (7) Require the licensee to make adequate provisions for clients in its care in the event of an emergency or natural disaster as provided in the licensee's approved emergency and evacuation plan.  (8) Administer a medication management program that includes:  (a) A current medication list to be provided by the prescribing physician(s) on or before admission.  (b) An initial assessment by the primary physician or nursing director in accordance with the client's needs including a review of the client's current medication list.  (c) Identification of the level of assistance the client needs. Assistance with oral medication, inhalant medication, topical applications, suppository medication, eye and ear drops, prescription and non-prescription medication in accordance with the client's medical needs and orders of an authorized prescriber, shall be limited to the following:  (i) Reminding the client to take his medication.  (ii) Informing the client of the medication regimen, as indicated on the container, which may be read to the client and the dosage of the medication, according to the container label, may be checked by staff.  (iii) Physically assisting the client in pouring or handing out medications, including having a staff member open the medicine container.  (d) Formulation of a treatment plan for the client.  (e) Implementation of the treatment plan.  (f) Periodic review and revision of the treatment plan.  Acts 2005, No. 245, §1, eff. June 29, 2005.
LA Rev Stat § 40:2120.36 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2120.36. Inspections

RS 2120.36 - Inspections The department, through its duly authorized agents, shall inspect at regular intervals as may be deemed necessary by the department, and without previous notice all adult brain injury facilities, subject to the provisions of this Part. The department shall also develop and facilitate coordination with other authorized local, state, and federal agencies making inspections of such facilities. Acts 2005, No. 245, §1, eff. June 29, 2005.
LA Rev Stat § 40:2120.37 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2120.37. Complaints

RS 2120.37 - Complaints A. The department, through its duly authorized agents, shall investigate all complaints against any adult brain injury facility as defined in this Part. The department may take such action as is authorized by R.S. 40:2120.38 through 2120.40. B. The department shall receive, record, and dispose of complaints in accordance with R.S. 40:2009.13 et seq. Acts 2005, No. 245, §1, eff. June 29, 2005.
LA Rev Stat § 40:2120.38 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2120.38. Denial or revocation of license; written notice; appeal procedure

RS 2120.38 - Denial or revocation of license; written notice; appeal procedure A. The department may deny, suspend, or revoke a license in any case in which there has been a failure of the applicant or licensee to comply with the requirements of this Part or the rules, regulations, and minimum standards for adult brain injury facilities, provided in all such cases the department shall furnish the applicant or licensee thirty days written notice specifying the reasons for the action. B. Any applicant or licensee who feels aggrieved by the action of the department in denying or revoking a license may appeal suspensively from the action within thirty days after receipt of the notification of the denial or revocation. This appeal or request for a hearing shall specify in detail reasons why the appeal is lodged and why the appellant feels aggrieved by the action of the department. C. The appeal hearing shall be conducted in accordance with the Administrative Procedure Act. Acts 2005, No. 245, §1, eff. June 29, 2005.
LA Rev Stat § 40:2120.39 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2120.39. Operating without license or in violation of departmental regulations; penalty

RS 2120.39 - Operating without license or in violation of departmental regulations; penalty A. Whoever operates any adult brain injury facility, as defined in this Part, without a valid license issued by the department, or in violation of departmental regulations, shall be fined by the department in accordance with a schedule of fines and enforcement procedures promulgated by rules of the department, not to exceed two hundred fifty dollars for each day of such offense. B. In deciding whether and to what extent to impose fines, the department shall consider the following factors: (1) Gravity of violation including the probability that death or serious physical harm to a client will result or has resulted. (2) Size of the population at risk as a consequence of the violation. (3) Severity and scope of the actual or potential harm. (4) Extent to which the provisions of the applicable statutes or regulations were violated. (5) Any indications of good faith exercised by the licensee. (6) The duration, frequency, and relevance of any previous violations committed by the licensee. (7) Financial benefit to the licensee of committing or continuing the violation. C. Any such fines levied and collected by the department, subject to applicable law, shall be used for the benefit of clients in adult brain injury facilities and shall be distributed in accordance with criteria promulgated by rules of the department. Acts 2005, No. 245, §1, eff. June 29, 2005.
LA Rev Stat § 40:2120.40 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2120.40. Operating without a license or in violation of departmental regulations; injunctive relief

RS 2120.40 - Operating without a license or in violation of departmental regulations; injunctive relief If any adult brain injury facility operates without a valid license issued by the department, or in violation of departmental regulations, the department may cause a civil suit to be instituted in a district court in the parish in which the facility is located for injunctive relief, including a temporary restraining order, to restrain the institution, society, agency, corporation, person or persons, or any group operating the facility from continuing the violation. Acts 2005, No. 245, §1, eff. June 29, 2005.
LA Rev Stat § 40:2120.41 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2120.41. Purpose

RS 2120.41 - Purpose The purpose of this Part is to provide an alternative to or a possible prevention of institutionalization of physically, mentally, or functionally impaired adults and to provide for the maintenance of services made available by adult day health care providers. Acts 2006, No. 637, §1, eff. June 23, 2006.
LA Rev Stat § 40:2120.42 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2120.42. Definitions

RS 2120.42 - Definitions  As used in this Part:  (1) "Adult day health care" means a medical model adult day health care program designed to provide services for medical, nursing, social, care management, and personal care needs to adults who are functionally impaired. Such services are rendered for a portion of a twenty-four-hour day by utilizing licensed professionals in a center-based nursing program.  (2) "Adult day health care provider" or "provider" means any place owned or operated for profit or nonprofit by a person, society, agency, corporation, institution, or any other group wherein two or more functionally impaired adults who are not related to the owner or operator of such agency are provided with adult day health care services, as defined in this Section.  (3) "Department" means the Louisiana Department of Health.  (4) "Functionally impaired adults" means persons seventeen years of age or older who are physically or mentally impaired to a degree that they are in need of supervision.  Acts 2006, No. 637, §1, eff. June 23, 2006; Acts 2008, No. 174, §1.