reglab/housing_qa huggingface dataset:
LA Rev Stat § 40:2161 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2161. Drug free zone; notice; signs

RS 2161 - Drug free zone; notice; signs  A. A drug free zone is an area inclusive of any property used as a behavioral health services provider that has a substance abuse/addiction treatment module, or within two thousand feet of such property.  B. The local governing authority which has jurisdiction over zoning matters in which each drug free zone is located shall publish a map clearly indicating the boundaries of each drug free zone in accordance with the specifications in Subsection A of this Section. The drug free zone map shall be made on an official public document and placed with the clerk of court for the parish or parishes in which the drug free zone is located.  C.(1) The secretary of the Louisiana Department of Health shall develop a method by which to mark drug free zones, including the use of signs or other markings suitable to the situation. Signs or other markings shall be located in a visible manner on or near each behavioral health services provider that has a substance abuse/addiction treatment module, indicating that the area is a drug free zone, that the zone extends for a distance of two thousand feet, and that a felony violation of the Uniform Controlled Dangerous Substances Law will subject the offender to severe penalties under law. The posting required in this Subsection is the responsibility and at the expense of the licensed provider.  (2) The Department of Public Safety and Corrections shall coordinate and provide rules for the establishment of toll free telephone numbers for use in submitting anonymous information regarding drug activity to local law enforcement agencies. The telephone numbers shall be displayed on the drug free zone signs that shall be manufactured in correctional institutions subject to the office of corrections in the Department of Public Safety and Corrections.  D.(1) It shall be unlawful for any person to cover, remove, deface, alter, or destroy any sign or other marking identifying a drug free zone as provided in this Section.  (2) Any violation of this Subsection shall be punishable by a fine of not more than one thousand dollars or by a jail sentence of not more than six months, or both.  Acts 2013, No. 308, §1, eff. June 17, 2013; Acts 2014, No. 791, §14.
LA Rev Stat § 40:2162.1 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2162.1. Short title

RS 2162.1 - Short title  This Part may be cited as the "Community-Based Care Facility Licensing Law".  Acts 2017, No. 417, §1.
LA Rev Stat § 40:2162.2 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2162.2. Findings and purpose

RS 2162.2 - Findings and purpose  A. The legislature hereby finds and declares the following:  (1) It is the policy of this state to ensure delivery of sufficient support services in order to successfully transition adult patients with a primary diagnosis of mental illness from inpatient psychiatric facilities to the most appropriate outpatient setting.  (2) Repeated admissions of persons to inpatient psychiatric units is a significant problem which often results in inadequate care and a failure to stabilize the patient, especially if the patient is homeless or has unstable living arrangements.  (3) Community-based residential programs are a more cost-effective form of treatment and a more appropriate treatment option for persons with mental illness than emergency room visits, unnecessary long-term stays in psychiatric hospitals, and incarceration.  (4) Licensing of community-based residential programs to operate in state-owned residential buildings presents an opportunity for adaptive and innovative use of those buildings and for optimization of state resources.  (5) Persons with a mental illness who are treated in a psychiatric facility and released without a stable transitional plan of care are at high risk for hospitalization, incarceration, and psychiatric readmission.  (6) It is a fiscal and public health priority of this state to establish a licensing component for adult community-based residential facilities which has historically been missing in the continuum of services for adults with a primary diagnosis of mental illness.  B. The purpose of this Part is to authorize the Louisiana Department of Health to promulgate and adopt rules, regulations, and standards to license and regulate facilities to be operated as community-based care facilities in order to provide for the health, safety, and welfare of persons with mental illness.  Acts 2017, No. 417, §1.
LA Rev Stat § 40:2162.3 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2162.3. Definitions

RS 2162.3 - Definitions  As used in this Part, the following terms have the meaning ascribed in this Section:  (1) "Applicant" means an entity applying for a community-based care facility license from the Louisiana Department of Health.  (2) "Client" means any person who has been accepted for treatment or services, including rehabilitation services, furnished by a facility licensed pursuant to this Part.  (3) "Community-based care facility" means a facility where five or more adults with a primary diagnosis of mental illness who are not related to the operator or administrator and who do not require care above intermediate-level nursing care reside and receive care, treatment, or services that are above the level of room and board and include no more than three hours of nursing care per week per resident.  (4) "Community-based care services" means services provided in a community-based care facility licensed pursuant to the provisions of this Part.  (5) "Department" means the Louisiana Department of Health.  (6) "Financial viability" means the ability of the licensee to maintain capital, lines of credit, insurance, and other financial resources at levels deemed sufficient by the Louisiana Department of Health for operation of a community-based care facility.  (7) "License" means a license issued by the Louisiana Department of Health to a community-based care facility.  Acts 2017, No. 417, §1.
LA Rev Stat § 40:2162.4 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2162.4. Licensure of community-based care facilities

RS 2162.4 - Licensure of community-based care facilities  A. Each community-based care facility shall be licensed in accordance with the requirements of this Part and the applicable rules of the department. No facility, agency, institution, person, society, corporation, partnership, unincorporated association, group, or other legal entity providing community-based care services may be established, operated, or reimbursed through the Medicaid program unless licensed as a community-based care facility by the department.  B. A license issued to a community-based care facility shall be issued only for the owner and premises named in the license application.  C. A license issued pursuant to this Part shall be on a form prescribed by the department and shall be valid for a twelve-month period beginning the month of issuance unless revoked or otherwise suspended prior to that date.  D. A license issued pursuant to this Part shall not be transferable or assignable.  E. Each licensed community-based care facility shall post its license in a conspicuous place on the licensed premises.  Acts 2017, No. 417, §1.
LA Rev Stat § 40:2162.5 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2162.5. Rules and regulations; licensing standards

RS 2162.5 - Rules and regulations; licensing standards  A. The department shall adopt rules, regulations, and licensing standards in accordance with the Administrative Procedure Act to provide for the licensure of community-based care facilities; to provide for the safe operation and maintenance of those facilities; and to provide for the health, safety, and welfare of clients.  B. The rules, regulations, and licensing standards required by this Section shall include, without limitation, all of the following:  (1) Licensure application and renewal application forms, procedures, and requirements.  (2) Operational and personnel requirements.  (3) Practice standards to assure quality of care.  (4) Practice standards to assure the health, safety, and welfare of clients.  (5) Confidentiality of client records.  (6) Initial and annual renewal of license.  (7) Financial viability requirements and requirements for verification and continuous maintenance of financial viability.  (8) Denial, revocation, suspension, and nonrenewal of licenses and procedures for appeals of such decisions.  (9) Facility construction and design.  (10) Other regulations or standards to ensure proper care and treatment of clients.  Acts 2017, No. 417, §1.
LA Rev Stat § 40:2162.6 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2162.6. License application, issuance, and renewal; fees; inspection

RS 2162.6 - License application, issuance, and renewal; fees; inspection  A. Each applicant shall submit a license application to the department on forms prescribed by the department and shall provide with the application such information as the department may require by rule.  B. Each application for licensure and each license renewal application shall be accompanied by a nonrefundable license fee in the amount required pursuant to R.S. 40:2006.  C. Following receipt of the completed initial licensing application and license fee, the department shall perform an onsite survey and inspection. After the onsite survey and inspection, if the department finds that the applicant meets the requirements established in this Part and in the licensing standards adopted pursuant to this Part, then the department shall issue a license to the applicant.  D. As a condition for renewal of its license, the licensee shall submit to the department a completed annual renewal application on the forms prescribed by the department, which shall contain all information required by the department along with the annual license renewal fee pursuant to R.S. 40:2006. Upon receipt of the completed annual renewal application and the annual license renewal fee, the department shall determine whether the facility continues to meet the applicable requirements for licensure. The department may perform an onsite survey and inspection after receiving an annual renewal application. If the provider continues to meet the applicable requirements for licensure, then the department shall issue a license which shall be valid for the period specified in R.S. 40:2162.4.  E. The department may perform onsite inspections of community-based care facilities at reasonable times as necessary to ensure compliance with the requirements of this Part.  Acts 2017, No. 417, §1.
LA Rev Stat § 40:2162.7 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2162.7. Facility operation in state-owned residential buildings authorized

RS 2162.7 - Facility operation in state-owned residential buildings authorized  The department may license community-based care facilities which propose to operate in one or more state-owned residential buildings. The secretary of the department shall direct the staff of the health standards section, and of any other division of the department as he deems appropriate, to cooperate with and give assistance to any applicant who seeks to operate a community-based care facility in one or more state-owned residential buildings and is otherwise qualified for licensure pursuant to this Part.  Acts 2017, No. 417, §1.
LA Rev Stat § 40:2162.8 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2162.8. Program approval

RS 2162.8 - Program approval  Implementation of the program authorized by this Part shall be subject to approval by the Centers for Medicare and Medicaid Services and approval of the Joint Legislative Committee on the Budget.  Acts 2017, No. 417, §1.
LA Rev Stat § 40:2163 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2163. Repealed by Acts 2009, No. 381, §3, eff. July 1, 2010.

RS 2163 - Repealed by Acts 2009, No. 381, §3, eff. July 1, 2010.
LA Rev Stat § 40:2166.1 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2166.1. Short title

RS 2166.1 - Short title This Part may be cited as the "Adult Residential Care Provider Licensing Law". Acts 2006, No. 433, §1, eff. June 15, 2006.
LA Rev Stat § 40:2166.2 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2166.2. Purpose

RS 2166.2 - Purpose  The purpose of this Part is to authorize the Louisiana Department of Health to promulgate and publish rules and regulations to provide for the health, safety, and welfare of adults receiving residential care and to provide for the safe operation of facilities providing such care. It is the intent of the legislature to support the rights of individuals to live in a residential setting which ensures freedom of choice, independence, and an opportunity to continue to live as integral members of the community, aging with dignity, privacy, and respect.  Acts 2006, No. 433, §1, eff. June 15, 2006; Acts 2009, No. 381, §2, eff. July 1, 2010.
LA Rev Stat § 40:2166.3 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2166.3. Definitions

RS 2166.3 - Definitions  As used in this Part, the following terms shall have the following meanings:  (1) "Adult residential care home" means a publicly or privately operated residence that provides personal assistance, lodging, and meals for compensation to two or more adults who are unrelated to the residence licensee, operator, or administrator.  (2) "Adult residential care provider" means a facility, agency, institution, society, corporation, partnership, company, entity, residence, person or persons, or any other group which provides adult residential care for compensation to two or more adults who are unrelated to the licensee or operator. Adult residential care may include but is not limited to the following services: lodging, meals, medication administration, intermittent nursing services, assistance with self administration of medications, assistance with personal hygiene, assistance with transfers and ambulation, assistance with dressing, housekeeping, and laundry. There shall be four modules of adult residential care providers as described in R.S. 40:2166.5(B)(11). The department shall promulgate rules and regulations for each module, governing the scope of services to be provided thereunder.  (3) "Department" means the Louisiana Department of Health.  (4) "Financial viability" means the provider or facility seeking licensure is able to provide at least one of the following:  (a) Verification of sufficient assets equal to one hundred thousand dollars or the cost of three months of operation, whichever is less.  (b) A letter of credit equal to one hundred thousand dollars or the cost of three months of operation, whichever is less.  (5) "License" means a license issued by the department to an adult residential care provider.  Acts 2006, No. 433, §1, eff. June 15, 2006; Acts 2009, No. 381, §2, eff. July 1, 2010.
LA Rev Stat § 40:2166.6 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2166.6. License issuance; application; on-site inspection

RS 2166.6 - License issuance; application; on-site inspection A. Each application for licensure of an adult residential care provider shall be submitted to the department on forms prescribed by the department and shall contain such information as the department may require. Additional information required by the department shall be provided by the applicant as requested. B. Each application for licensure and application renewal of licensure shall be accompanied by a nonrefundable license fee in the amount set by the department in accordance with R.S. 40:2166.5. C. Following receipt of the completed application and licensing fee, the department shall perform an on-site survey and inspection. If, after the on-site survey and inspection, the department finds that the facility meets the requirements established under this Part and the licensing standards adopted in pursuance thereof, a license shall be issued. D. As a condition for renewal of a license, the licensee shall submit to the department a completed annual renewal application on forms prescribed by the department which shall contain such information as required by the department. Additionally, the annual renewal licensing fee shall be submitted with the annual renewal application. Upon receipt of the completed annual renewal application and the annual renewal licensing fee, the department shall determine if the facility continues to meet the requirements established under this Part and the licensing standards adopted in pursuance thereof. The department may perform an on-site survey and inspection upon annual renewal. If the facility continues to meet the requirements established under this Part and the licensing standards adopted in pursuance thereof, a license shall be issued which shall be valid for one year. E. The department may perform an on-site inspection at reasonable times as necessary to ensure compliance with this Part. Acts 2006, No. 433, §1, eff. June 15, 2006.
LA Rev Stat § 40:2166.7 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2166.7. Operation without license; penalty

RS 2166.7 - Operation without license; penalty A. An adult residential care provider shall not operate without a license issued by the department. Any such provider operating without a license shall be guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars for each day of operation without a license up to a maximum of one thousand dollars or imprisonment of not more than six months, or both. It shall be the responsibility of the department to inform the appropriate district attorney of the alleged violation to assure enforcement. B. If an adult residential care provider is operating without a license issued by the department, the department shall have the authority to issue an immediate cease and desist order to that provider. Any such 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 department. C. The department shall seek an injunction in the Nineteenth Judicial District Court against any 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 provider against whom an injunction is granted shall be liable to the department for attorney fees, costs, and damages. Acts 2006, No. 433, §1, eff. June 15, 2006; Acts 2009, No. 381, §2, eff. July 1, 2010.
LA Rev Stat § 40:2166.7.1 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2166.7.1. Moratorium on licensure of level 4 adult residential care providers

RS 2166.7.1 - Moratorium on licensure of level 4 adult residential care providers  Notwithstanding any other provision of law to the contrary, the department shall implement a moratorium on the licensure of additional level 4 adult residential care providers until July 1, 2017. The moratorium shall not apply to a provider which has received facility need review approval from the department for a level 4 adult residential care provider on or before April 25, 2012. NOTE: Acts 2017, No. 417, §1, amended §2166.7.1 to extend the moratorium from July 1, 2017, to July 1, 2018. Section 2 of that act provides: "Implementation of the provisions of this Act shall only become effective in the event a specific appropriation by the legislature is made for such purposes and the program receives approval by the Centers for Medicare and Medicaid Services." RS 2166.7.1 - Moratorium on licensure of level 4 adult residential care providers  Notwithstanding any other provision of law to the contrary, the department shall implement a moratorium on the licensure of additional level 4 adult residential care providers until July 1, 2018. The moratorium shall not apply to a provider which has received facility need review approval from the department for a level 4 adult residential care provider on or before April 25, 2012.  Acts 2012, No. 676, §1; Acts 2017, No. 417, §1.
LA Rev Stat § 40:2166.8 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2166.8. Fees on community service providers; disposition of fees

RS 2166.8 - Fees on community service providers; disposition of fees A.(1) The department is hereby authorized to adopt and impose fees for community-based services provided by the Medicaid program for every adult residential care provider as well as any other provider of services offered in lieu of institutional placement 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 care subject to such fee. In addition, the amount of the fees imposed shall not exceed six percent of the gross revenues of such provider. (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 adult residential care providers may be considered a "class of providers" for the purposes of 42 CFR 433.56. B.(1) The department shall 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, received by any department or agency of the state pursuant to this Section, shall be held confidential. (2) The department shall 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 shall be 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 in this Part. Acts 2006, No. 433, §1, eff. June 15, 2006.