reglab/housing_qa huggingface dataset:
LA Rev Stat § 40:2115.11 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2115.11. Requirement for approval of hospital acquisitions

RS 2115.11 - Requirement for approval of hospital acquisitions The health of the people of our state is a most important public concern. The state has an interest in assuring the continued existence of accessible, affordable health care facilities that are responsive to the needs of the communities in which they exist. The state also has a responsibility to protect the public interest in nonprofit hospitals by making certain that the charitable assets of those hospitals are managed prudently. Therefore, no not-for-profit hospital shall be acquired by any person unless and until the acquisition is reviewed and approved by the attorney general. Acts 1997, No. 1371, §1, eff. Jan. 1, 1998.
LA Rev Stat § 40:2115.12 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2115.12. Definitions

RS 2115.12 - Definitions The terms in this Subpart shall have the meaning provided below: (1) "Acquisition" means any acquisition by a person of an ownership or controlling interest in a not-for-profit hospital, whether by purchase, merger, lease, gift, or otherwise, that results in a change of ownership or control of thirty percent or greater of either the voting rights or the assets of a hospital, or that results in the acquiring person holding a fifty percent or greater interest in the ownership or control of a hospital. (2) "Attorney general" means the attorney general or his designee. (3) "Charitable assets" means those tangible and intangible assets in the form of movable and immovable property and equipment, personnel, and services acquired by a hospital through the expenditure of direct and indirect state, federal and local funds, or funds retained by virtue of their non-taxable status, and through money paid through the patronage of members of the community the hospital serves. Acts 1997, No. 1371, §1, eff. Jan. 1, 1998.
LA Rev Stat § 40:2115.13 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2115.13. Application to acquire a hospital

RS 2115.13 - Application to acquire a hospital A.(1) Every person shall give the attorney general at least thirty days notice of an impending acquisition, during which time the attorney general may take any necessary and appropriate action consistent with the provisions of this Subpart. (2) The notice shall briefly describe the impending acquisition, including any change in ownership of tangible or intangible assets. B.(1) No person shall acquire a not-for-profit hospital without the seller first having applied for and received the approval of the attorney general pursuant to this Subpart. (2)(a) An application shall be submitted to the attorney general on forms provided by the attorney general and shall include the following: (i) The name of the seller. (ii) The name of the purchaser or other parties to the acquisition. (iii) The terms of the proposed agreement. (iv) The sale price. (v) A summary of the acquisition agreement. (vi) A financial and economic analysis and report from an independent expert or consultant of the effect of the acquisition under the criteria set forth in R.S. 40:2115.17. (b) A copy of the application shall be submitted to the attorney general. The application shall be considered a public record. Acts 1997, No. 1371, §1, eff. Jan. 1, 1998.
LA Rev Stat § 40:2115.14 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2115.14. Review of application; notice

RS 2115.14 - Review of application; notice A.(1) Within five working days after receipt of an application under R.S. 40:2115.13, the attorney general shall publish notice of the application in a newspaper of general circulation in the parish where the hospital is located and shall notify by first class United States mail any person who has requested notice of the filing of such application. (2) The notice shall state the following: (a) That an application has been received. (b) The names of the parties to the agreement. (c) A description of the contents of the application. (d) The date by which a person may submit written comments about the application to the attorney general. B.(1) The attorney general shall, within fifteen days after the date an application is received, determine if the application is complete for the purposes of review. The attorney general may find that an application is incomplete if a question on the application form has not been answered in whole or in part, or has been answered in a manner that does not fairly meet the question addressed, or if the application does not include attachments of supporting documents as required by R.S. 40:2115.13. (2) If the attorney general determines that an application is incomplete, he shall notify the applicant within fifteen days after the date the application was received stating the reasons for his determination of incompleteness with reference to the particular questions for which a deficiency is noted. In the absence of timely notice, the application shall be deemed complete. C. Within sixty days after receiving a completed application, the attorney general shall review the application in accordance with the standards set forth in this Subpart and approve or disapprove the acquisition pursuant to this Subpart. Acts 1997, No. 1371, §1, eff. Jan. 1, 1998.
LA Rev Stat § 40:2115.15 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2115.15. Public hearing; venue

RS 2115.15 - Public hearing; venue A. The attorney general shall, during the course of review under R.S. 40:2115.14, hold a public hearing in which any person may file written comments and exhibits, or may appear and make a statement. B.(1) The hearing shall be held not later than thirty days after receipt of a completed application. The hearing shall be held upon ten working days notice, not including days the application is deemed to be incomplete. (2) The hearing shall be held in the municipality in which the hospital is located. However, if the hospital is not located within a municipality, the hearing shall be held in the municipality nearest to the hospital and within the same parish in which the hospital is located or at the affected hospital itself. Acts 1997, No. 1371, §1, eff. Jan. 1, 1998; Acts 2004, No. 916, §1.
LA Rev Stat § 40:2115.16 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2115.16. Decision; appeal

RS 2115.16 - Decision; appeal A.(1) The attorney general shall review the completed application in accordance with the criteria set forth in R.S. 40:2115.17. Within sixty days after receipt of a completed application, the attorney general shall either: (a) Approve the acquisition, with or without specific modifications. (b) Disapprove the acquisition. (2) If the attorney general does not act within sixty days after receipt of an application, the application is deemed approved. (3) If the attorney general disapproves the acquisition, he shall seek, from a court of competent jurisdiction, within the time allowed, an order enjoining the acquisition. The court shall grant the injunction, following a hearing, if it finds that the acquisition does not substantially comply with the criteria set forth in R.S. 40:2115.17 and 2115.18. In the event that the seller, purchaser, or attorney general disagrees with the court's decision, they may appeal as otherwise provided by law. B. Any applicant aggrieved by a final decision of the attorney general may, within thirty days after notification of such action, appeal suspensively to the district court for the parish of East Baton Rouge. A record of all proceedings before the attorney general shall be made and kept on file with the attorney general. The attorney general shall transmit to the district court a certified copy of the record. The district court shall try the appeal de novo. Acts 1997, No. 1371, §1, eff. Jan. 1, 1998.
LA Rev Stat § 40:2115.17 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2115.17. Criteria for decision; attorney general

RS 2115.17 - Criteria for decision; attorney general A. The attorney general shall approve the application unless he finds that the acquisition is not in the public interest. An acquisition is not in the public interest unless appropriate steps have been taken to safeguard the value of charitable assets and ensure that any proceeds of the transaction are used for appropriate health care purposes as provided for in R.S. 40:2115.18. B. In determining whether the acquisition meets such criteria under this Subpart, the attorney general shall consider: (1) Whether the hospital's board of directors exercised due diligence in deciding to sell, selecting the purchaser, and negotiating the terms and conditions of the sale. (2) The procedures used by the seller in making its decision, including whether appropriate expert assistance was used. (3) Whether conflict of interest was disclosed, including but not limited to conflicts of interest related to board members of, executives of, and experts retained by the seller, purchaser, or parties to the acquisition. (4) Whether the seller will receive fair value for its assets; provided that the attorney general may employ, at the seller's expense, reasonably necessary expert assistance in making this determination. (5) Whether funds are placed at unreasonable risk, if the acquisition is financed in part by the seller. (6) Whether any management contract under the acquisition is for fair value. (7) Whether the sale proceeds will be used for appropriate health care purposes consistent with the seller's original purpose or for the support and promotion of health care in the affected community and whether the proceeds will be controlled as funds independently of the purchaser or parties to the acquisition. (8) Whether any corporation established to hold the proceeds of the sale will be broadly based in the community and be representative of the affected community, taking into consideration the structure and governance of such corporation. (9) Whether a right of first refusal to repurchase the assets by a successor corporation or foundation has been retained if the hospital is subsequently sold to, acquired by, or merged with another entity. Acts 1997, No. 1371, §1, eff. Jan. 1, 1998.
LA Rev Stat § 40:2115.18 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2115.18. Additional criteria for decision; attorney general

RS 2115.18 - Additional criteria for decision; attorney general In making a decision whether to approve or disapprove an application, the attorney general shall also determine whether the acquisition affects the continued existence of accessible, affordable health care facilities that are responsive to the needs of the community. In making this determination, the attorney general shall consider: (1) Whether sufficient safeguards are included to assure the affected community continued access to affordable care. (2) Whether the purchaser and parties to the acquisition have made a commitment, at least comparable to the seller, to provide health care to the disadvantaged, the uninsured, and the underinsured and to provide benefits to the affected community to promote improved health care. Activities and funding provided by the seller or its successor nonprofit corporation or foundation to provide such health care or to provide support or medical education and teaching programs or medical research programs shall be considered in evaluating compliance with this commitment. (3) If health care providers will be offered the opportunity to invest or own an interest in the purchaser or a related entity to the purchaser, whether procedures or safeguards are in place to avoid conflict of interest in patient referral and the nature of such procedures or safeguards. Acts 1997, No. 1371, §1, eff. Jan. 1, 1998.
LA Rev Stat § 40:2115.19 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2115.19. Reports to the attorney general

RS 2115.19 - Reports to the attorney general A. The attorney general may require annual reports from the seller or its successor corporation or foundation and from the purchaser or other parties to the acquisition for up to five years after the date of acquisition to ensure compliance with commitments made to the attorney general. The attorney general may subpoena information and documents reasonably necessary to assure compliance. B. If the attorney general receives information indicating that the acquiring person is not fulfilling the commitment to the affected community as provided for in R.S. 40:2115.18, the attorney general shall hold a hearing upon ten days notice to the affected parties. If after the hearing the attorney general determines that the information is true, it may petition the department to revoke the license issued to the purchaser. Any action by the department to revoke the license shall conform to the procedure in R.S. 40:2109 et seq., and the regulations promulgated thereunder. Acts 1997, No. 1371, §1, eff. Jan. 1, 1998.
LA Rev Stat § 40:2115.20 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2115.20. Violations; license suspension or revocation

RS 2115.20 - Violations; license suspension or revocation A. No license to operate a hospital may be issued or renewed by the department pursuant to this Subpart or any other state statute, and a license that has been issued may be revoked or suspended if any of the following occurs: (1) There is an acquisition of a hospital without first having received the approval of the attorney general. (2) There is an acquisition of a hospital and the attorney general disapproves the acquisition. (3) The hospital is not fulfilling its commitment under R.S. 40:2115.18(2) or is not following procedures or safeguards committed pursuant to R.S. 40:2115.18(3). B. Any decision to refuse to issue or renew a license under this Subpart, and any action to revoke or suspend a license under this Subpart, shall conform to the procedure for issuance, renewal, revocation and suspension of licensure in R.S. 40:2109 et seq., and the regulations promulgated thereunder. Acts 1997, No. 1371, §1, eff. Jan. 1, 1998.
LA Rev Stat § 40:2115.21 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2115.21. Excluded acquisitions

RS 2115.21 - Excluded acquisitions Any acquisition of a hospital before September 1, 1997, and any acquisition of a hospital which has been finally approved before January 1, 1998, according to any procedure in effect prior to the procedures set forth in this Subpart, shall not be subject to the provisions of this Subpart. Acts 1997, No. 1371, §1, eff. Jan. 1, 1998.
LA Rev Stat § 40:2115.22 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2115.22. Prohibited acquisitions

RS 2115.22 - Prohibited acquisitions Any proprietary hospital management company shall be prohibited from purchasing a not-for-profit hospital that such management company has managed at any time in the previous three years prior to the date of sale. Acts 1999, No. 1279, §§1, 2.
LA Rev Stat § 40:2115.23 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2115.23. Authority for regulation

RS 2115.23 - Authority for regulation The attorney general may adopt rules and regulations pursuant to the Administrative Procedure Act to implement this Subpart and to contract with and provide reasonable reimbursement to qualified persons to assist in determining criteria set forth in R.S. 40:2115.17 and 2115.18. Acts 1997, No. 1371, §1, eff. Jan. 1, 1998; Acts 1999, No. 1279, §2.
LA Rev Stat § 40:2115.31 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2115.31. Legislative intent

RS 2115.31 - Legislative intent  A. The legislature finds and declares that in order to protect the health and welfare of the public it is imperative to regulate and control entities that hold themselves out to the public as providing emergency medical care.  B. The legislature further finds and declares that emergency medical services should be provided in a licensed hospital.  C. The legislature finds and declares that rural hospitals are an essential part of our state's healthcare delivery safety net and their sustainability warrants protections from competing offsite emergency departments with no inpatient hospital services encroaching into their primary service area.  Acts 2019, No. 438, §1.
LA Rev Stat § 40:2115.32 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2115.32. Definitions

RS 2115.32 - Definitions  For purposes of this Subpart, the following definitions shall apply:  (1) "Department" means the Louisiana Department of Health.  (2) "Emergency medical services" means those medical services necessary to screen, evaluate, and stabilize an emergency medical condition of recent onset and severity, including severe pain, that would lead a prudent layperson, acting reasonably and possessing an average knowledge of health and medicine, to believe that the absence of immediate medical attention could reasonably be expected to result in placing the health of the individual in serious jeopardy, serious impairment to bodily function, or serious dysfunction of any bodily organ or part.  (3) "Freestanding emergency department" means a healthcare facility that holds itself out to the public as providing emergency medical services and is not licensed as part of the main campus of a hospital or as an off-site campus of a hospital.  (4) "Healthcare facility" means a facility, including but not limited to a hospital, or an office where a healthcare provider furnishes care to patients for health needs or medical conditions.  (5) "Healthcare provider" means a person who is licensed, certified, or otherwise authorized by the laws of this state to provide healthcare or medical treatment in the ordinary course of business or practice of a profession.  (6) "Hospital" means an entity as defined in R.S. 40:2102.  (7) "Off-site campus" means all licensed premises where emergency, inpatient, or outpatient hospital services are provided and that are not a part of or adjoining to the main hospital building or grounds. For licensing purposes, an off-site campus shall be located within thirty-five miles of the main hospital campus.  (8) "Rural hospital" means an entity as defined in R.S. 40:1189.3 or, for purposes of this Subpart, a hospital that is in a parish with a population of greater than seventy thousand but less than ninety thousand as of the latest federal decennial census.  Acts 2019, No. 438, §1.
LA Rev Stat § 40:2115.33 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2115.33. Emergency department; licensure; prohibitions

RS 2115.33 - Emergency department; licensure; prohibitions  A. Each emergency department operating in Louisiana shall be licensed by the department as a part of a hospital under the Hospital Licensing Law, R.S. 40:2100 et seq., either as a part of the hospital's main campus or as a separate off-site campus of an existing licensed hospital.  B. Freestanding emergency departments shall be prohibited in Louisiana.  C. The department shall not issue a license to any off-site campus emergency department within the primary service area of a rural hospital. For purposes of this Section, "primary service area" for a rural hospital created or ratified pursuant to laws providing for hospital service districts, R.S. 46:1051 et seq., shall be coterminous with the boundaries of its hospital service district. For all other rural hospitals, the primary service area shall have the same meaning as set forth in R.S. 37:1307(6). However, the prohibition in this Subsection shall not apply to a nonprofit licensed hospital that complies with the provisions of Subsection A of this Section and that has obtained a building or construction permit for a new off-site campus or hospital prior to April 1, 2019.  Acts 2019, No. 438, §1.
LA Rev Stat § 40:2116.31 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2116.31. Scope; purpose; definitions

RS 2116.31 - Scope; purpose; definitions  A. The provisions of this Part shall apply to all providers of home care services in the state of Louisiana. The purpose of this Part is to assure the provision of high quality home care to the residents of Louisiana in a coordinated and cost-effective manner through the promulgation of minimum standards by the Louisiana Department of Health.  B. For the purpose of this Part unless the context clearly otherwise requires:  (1) "Authorized healthcare provider" means a physician, nurse practitioner, clinical nurse specialist, or physician assistant licensed, certified, registered, or otherwise authorized to order home healthcare services consistent with state law.  (2) "Clinical record" means those documents maintained on all patients accepted for care by a home health agency. The records will be retained in accordance with existing state law.  (3) "Department" means the Louisiana Department of Health.  (4) "Home health agency" means a state-owned and -operated agency, or a subdivision of such an agency or organization, or a private nonprofit organization, or a proprietary organization which provides for the skilled home health care to the public, under the order of an authorized healthcare provider and in the place of residence of the person receiving the care, which includes at least skilled nursing and one other service listed in the minimum standards which may be physical therapy, speech therapy, occupational therapy, medical social services, home health aides, or such others as may be listed in the minimum standards.  (5) "Home health aide services" means semi-skilled assistance by qualified personnel with activities of daily living provided to the patient who requires assistance in at least two areas of functioning and monitoring of vital signs, reporting to a professional under a written plan of care, and requiring clinical note for each patient visit.  (6) "Secretary" means the secretary of the Louisiana Department of Health.  (7) "State agency" means the division of licensing and certification of the office of the secretary of the Louisiana Department of Health.  Acts 1966, No. 25, §1, eff. July 11, 1966 at 3:15 P.M. Amended by Acts 1977, No. 680, §12; Acts 1979, No. 566, §2; Acts 1985, No. 912, §1; Acts 1995, No. 1252, §1; Acts 2021, No. 181, §1, eff. June 11, 2021.
LA Rev Stat § 40:2116.33 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2116.33. Home health agencies; jurisdiction

RS 2116.33 - Home health agencies; jurisdiction  All home health agencies shall be under the jurisdiction of the Louisiana Department of Health, which shall provide the rules and regulations governing the operation of such agencies or organizations. However, nothing in this Part shall be construed to prohibit the delivery of personal care, homemaker, respite, and other in-home services by a person or entity not licensed under this Chapter unless provided with other home health services.  Acts 1966, No. 25, §1, eff. July 11, 1966 at 3:15 P.M. Amended by Acts 1977, No. 680, §13; Acts 1984, No. 696, §1; Acts 1985, No. 912, §1; Acts 1995, No. 1252, §1.