reglab/housing_qa huggingface dataset:
LA Rev Stat § 40:2116.35 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2116.35. Issuance of license

RS 2116.35 - Issuance of license A. A license issued under the provisions of this Part is not transferable or assignable between persons, home health agencies, or both except as provided in this Section. Each location of a home health agency located outside of a fifty-mile radius of an existing licensed home health agency must be licensed. Each location of a home health agency located within a fifty-mile radius of an existing licensed home health agency must be registered with the department. B.(1) Only agencies which have a valid license shall be allowed to change controlling ownership. The purchaser shall accept all responsibility for the patients and functions of the agency on the date of the sale. The purchaser also shall assume responsibility for deficiencies identified on the most recent survey as well as corrective measures required by the department and imposed upon the agency prior to the date of sale. Purchasers of agencies must meet all criteria for initial application for licensure. All purchasers are required to meet ownership qualifications as set forth in minimum standards. Upon purchase and payment of the licensure fee, the department shall issue a new license to allow the new owner to continue operation of the agency. The seller of any agency who enters into a merger, change of controlling ownership, or control of the entity must notify the department in writing in advance of the transaction. He must surrender the license with a written explanation of the transaction to the department on the date of the sale. (2) For the purposes of this Section, "change of controlling ownership" shall have the same meaning as that contained in federal law and regulation applicable to home health agencies. Acts 1966, No. 25, §1, eff. July 11, 1965 at 3:15 P.M.; Acts 1985, No. 912, §1; Acts 1987, No. 744, §1; Acts 1988, No. 836, §§1, 2; H.C.R. No. 119, 1993 R.S.; Acts 1995, No. 1252, §1; Acts 1997, No. 583, §2, eff. July 3, 1997.
LA Rev Stat § 40:2116.36 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2116.36. Denial, revocation, or nonrenewal of license; grounds

RS 2116.36 - Denial, revocation, or nonrenewal of license; grounds  A. An application for a license shall be denied for failure to achieve substantial compliance with minimum standards prescribed by the secretary of the Louisiana Department of Health.  B. A license to operate may be suspended pending proceedings for revocation or other action if the department finds the public health, safety, or welfare clearly requires emergency action.  C. A license shall be immediately denied or revoked if the department determines that the agency knowingly and willfully or through gross negligence allowed or directed actions which resulted in:  (1) Cruelty to patients.  (2) Failure to uphold patient rights resulting in actual or potential harm or injury.  (3) Failure to protect patients/persons in the community from harmful actions of the agency employees, including but not limited to coercion, threat, intimidation, solicitation, and harassment.  (4) Failure to notify an appropriate governmental agency of any suspected cases of neglect, criminal activity, or mental or physical abuse which could potentially cause harm to the patient.  (5) Acceptance of a patient when the agency has insufficient capacity to provide care for that patient.  (6) Misrepresentation or other fraudulent conduct in any aspect of the conduct of the home care business.  (7) Bribery, harassment, or intimidation of any person designed to cause that person to use the services of any particular home health agency.  (8)(a) Pleading guilty to, pleading nolo contendere to, or conviction of a felony by an owner, administrator, or director of nursing as shown by a certified copy of the record of the court of conviction, or if the applicant is a firm or corporation, when any of its members or officers, or the person designated to manage or supervise the home care, has been convicted of a felony.  (b) For purposes of this Paragraph "conviction of a felony" means and includes:  (i) Conviction of a criminal offense related to that person's involvement in any program under Medicare, Medicaid, or Title XX services program since the inception of those programs.  (ii) Conviction of a felony relating to violence, abuse, and/or neglect of a person.  (iii) Conviction of a felony related to the misappropriation of property belonging to another person.  D. A license may be denied, revoked, or not renewed for failure to correct any violation of law and regulation for which a provisional license may have been issued under R.S. 40:2116.32(D) and this Section.  E. A license may be denied, revoked, or not renewed for failure to allow surveyors entry when the department attempts to conduct a survey or for denial to department surveyors of access to records.  Acts 1966, No. 25, §1, eff. July 11, 1966, at 3:15 P.M.; Acts 1985, No. 912, §1; Acts 1988, No. 836, §2; Acts 1995, No. 1252, §1; Acts 2008, No. 255, §1.
LA Rev Stat § 40:2116.37 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2116.37. Notice of reasons for nonrenewal or revocation of license; review; hearing

RS 2116.37 - Notice of reasons for nonrenewal or revocation of license; review; hearing A. The secretary shall furnish the applicant or licensee written notice specifying reasons for the denial of an application, or for the refusal to renew or for the revocation of a license within five days, exclusive of holidays, of his decision. Any applicant or licensee who feels aggrieved by the action of the secretary in denying, refusing to renew, or revoking a license may, within fifteen days exclusive of legal holidays from the date the notice of such action is received by him, appeal suspensively from the action of the secretary by filing in the office of the secretary within such fifteen-day period a written request addressed to the secretary asking for a hearing by the department. The request for a hearing shall specify in detail the reasons why the appeal is lodged and why the appellant feels aggrieved by the action of the secretary and must be received in the office of the secretary within the period allowed for appeal. B. When any appeal authorized by Subsection A of this Section is received by the secretary, if timely filed, he shall appoint a three-member board to conduct a hearing on the appeal at such time and place as such members deem proper. The review, hearing, and appeal shall be conducted in accordance with the Administrative Procedure Act. Acts 1966, No. 25, §1, eff. July 11, 1966 at 3:15 P.M. Amended by Acts 1977, No. 680, §15; Acts 1985, No. 912, §1; Acts 1995, No. 1252, §1.
LA Rev Stat § 40:2116.38 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2116.38. Records; reports

RS 2116.38 - Records; reports Every home health agency and licensee shall keep such records and make such reports as the department shall prescribe, and all such records shall be open to inspection by the department. Acts 1966, No. 25, §1, eff. July 11, 1966 at 3:15 P.M.; Acts 1985, No. 912, §1; Acts 1995, No. 1252, §1.
LA Rev Stat § 40:2116.39 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2116.39. Term of license; renewal fee; display; transfer

RS 2116.39 - Term of license; renewal fee; display; transfer A license shall be for a term of one year, and shall expire on the date shown on the license unless renewed. All applications for renewal, except those of places operated by the state of Louisiana, shall be accompanied by a renewal fee as set forth in the minimum standards. The license shall be displayed in a conspicuous place in the business location of the agency. A license shall be valid only in the hands of the person to whom it is issued and shall not be subject to sale, assignment, or other transfer, voluntary or involuntary. The license shall not be relocated out of the geographic area for which it was originally issued. Acts 1966, No. 25, §1, eff. July 11, 1966 at 3:15 P.M. Amended by Acts 1977, No. 579, §1, eff. July 15, 1977; Acts 1985, No. 912, §1; Acts 1986, No. 497, §1, eff. July 2, 1986; Acts 1995, No. 1252, §1.
LA Rev Stat § 40:2116.40 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2116.40. Violations; penalties

RS 2116.40 - Violations; penalties The opening or operation of a home health agency as defined in this Part, without a license therefor, or in knowing and willful violation of any provision of this Part or any minimum standard, rule, regulation, or order entered by the board thereunder when such violation results in harm to a patient, shall be a misdemeanor, and upon conviction, punishable by a fine of not less than one thousand dollars nor more than ten thousand dollars and/or imprisonment for not more than six months. Acts 1985, No. 912, §1; Acts 1995, No. 1252, §1.
LA Rev Stat § 40:2117.1 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2117.1. Definitions

PART II-C. END STAGE RENAL DISEASE FACILITIES §2117. 1. Definitions  As used in this Part, the following definitions shall apply unless the content clearly states otherwise:  (1) "Department" means the Louisiana Department of Health.  (2) "Dialysis" means a process by which dissolved substances are removed from an individual's body by diffusion, osmosis, and convection (ultrafiltration) from one fluid compartment to another across a semipermeable membrane.  (3) "End stage renal disease" means that stage of renal impairment that appears irreversible and permanent and that requires a regular course of dialysis or kidney transplantation to maintain life.  (4) "End stage renal disease facility" or "ESRD facility" means a facility that provides dialysis treatment or dialysis training to individuals diagnosed with end stage renal disease. For purposes of this Part, "end stage renal disease facility" does not include the following:  (a) A facility which provides only transplantation services.  (b) End stage renal disease facilities maintained by the state at any of its penal and correctional institutions, provided that nothing herein contained shall prevent a penal or correctional institution from applying for licensure of its end stage renal disease facilities.  (5) "Transplantation services" means a process by which a kidney is excised from a live or cadaveric donor and is implanted in an end stage renal disease patient, and supportive care is furnished to the living donor and to the recipient following implantation.  Acts 1999, No. 650, §1, eff. July 1, 1999; Acts 2004, No. 190, §1, eff. June 10, 2004.
LA Rev Stat § 40:2117.2 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2117.2. Licenses; application and fee; survey; provisional

RS 2117.2 - Licenses; application and fee; survey; provisional A. After July 15, 2000, no person or entity shall open, operate, manage, or maintain an ESRD facility without a valid current license issued by the department. B. An application for an initial license shall be made to the department on forms provided by the department, shall contain such information as the department requires, and shall be accompanied by a license fee as provided in R.S. 40:2006(A)(1). C. After the completion of the application process, the department shall conduct an on-site survey of the ESRD facility. Upon determination that the ESRD facility is in compliance with the minimum requirements for licensure and all applicable state and local laws and regulations, and the minimum standards, rules, and regulations as promulgated by the department are met, the department shall issue the ESRD facility a license. D. The department may issue a provisional license to an ESRD facility for a period not to exceed six months when the facility fails to fully comply with all applicable rules, regulations, or minimum standards established by the department. The failure to comply with such applicable regulations, rules, or minimum standards must be cited at the time the provisional license is issued. Acts 1999, No. 650, §1, eff. July 1, 1999.
LA Rev Stat § 40:2117.3 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2117.3. Term of license; renewal fee; display; transfer

RS 2117.3 - Term of license; renewal fee; display; transfer A. A license shall be for a term of one year and shall expire on the date shown on the license, unless otherwise revoked, and shall be renewed annually. B. All applications for renewal shall be accompanied by a renewal fee. Such renewal fee shall be in an amount as provided in R.S. 40:2006(A)(1). C. The license shall be displayed in a conspicuous place inside the ESRD facility at all times. D. A license shall be valid only in the hands of the person or entity to whom it is issued and shall not be subject to sale, assignment, or other transfer, voluntary or involuntary, nor shall a license be valid for any premises other than those for which it is issued. Acts 1999, No. 650, §1, eff. July 1, 1999.
LA Rev Stat § 40:2117.4 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2117.4. Minimum standards, rules, and regulations

RS 2117.4 - Minimum standards, rules, and regulations The department shall promulgate minimum standards, rules, and regulations governing end stage renal disease facilities in accordance with the Administrative Procedure Act, including but not limited to standards, requirements, policies, and procedures for the following: (1) Maintenance of the quality of care and of the health, safety, and well-being of patients, including but not limited to: (a) Patient rights. (b) Provision and coordination of treatment and services. (c) Referrals for appropriate services. (d) Quality care requirements as determined by current acceptable standards of practice. (2) Operational capability and compliance, including but not limited to the following: (a) Data and information management. (b) Written policy and procedure. (c) Current standards of administration practice. (3) Qualifications and responsibilities of facility personnel. (4) Applications for initial and renewal licenses. (5) On-site surveys for licensure. (6) Monitoring of facilities. (7) Denial, nonrenewal, and revocation of licenses, and administrative appeals therefrom. (8) Civil fines for violations and administrative appeals therefrom. (9) Requirements for physical plant design and space and other procedures related to dialysis. Acts 1999, No. 650, §1, eff. July 1, 1999.
LA Rev Stat § 40:2117.5 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2117.5. Denial, nonrenewal, or revocation of license; grounds; notification; appeal

RS 2117.5 - Denial, nonrenewal, or revocation of license; grounds; notification; appeal  A. An application for a license or for a renewal thereof may be denied, or a license or provisional license may be revoked, for any of the following reasons:  (1) Violation of any provision of this Part or of the minimum standards, rules, or regulations promulgated thereunder by the department.  (2) Conviction or entry of a plea of nolo contendere of the applicant for a felony. If the applicant is an agency, the head of that agency must be free of such conviction. If a subordinate employee is so convicted, the matter must be handled administratively to the satisfaction of the department.  (3) Documented information of past or present conduct or practices of facility personnel which are detrimental to the welfare of the facility's patients, including but not limited to illegal activities, coercion, or falsification of records.  (4) Cruelty or indifference to the welfare of the facility's patients.  (5) Misappropriation or conversion of the property of the facility's patients.  (6) Permitting, aiding, or abetting the unlawful, illicit, or unauthorized use, sale, or distribution of drugs or alcohol on or near the premises of the facility.  B. The department shall furnish an applicant or licensee with written notification of any action taken pursuant to Subsection A of this Section and of the reasons for which the action was taken.  C. An applicant or licensee aggrieved by any action taken by the department pursuant to Subsection A of this Section may appeal such action suspensively by sending a written request for a hearing to the secretary of the department. The request for a hearing shall be received by the secretary within fifteen days exclusive of legal holidays after the applicant or licensee receives the written notice of the department's action and shall specify in detail the reasons for the request. If the department determines that the health or safety of the patients served at the facility is in jeopardy, a license may be revoked immediately with appeal rights granted after the facility ceases operation and the patients are removed from the facility.  D. The administrative appeal hearing shall be conducted in accordance with the Administrative Procedure Act.  Acts 1999, No. 650, §1, eff. July 1, 1999; Acts 2018, No. 206, §4.
LA Rev Stat § 40:2117.6 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2117.6. Right of inspection by department; records; reports

RS 2117.6 - Right of inspection by department; records; reports A. Every ESRD facility shall be open at all reasonable times to inspection by the department. B. Every licensee shall keep such records and make such reports as the department shall prescribe, and all such records shall be open to inspection by the department. Acts 1999, No. 650, §1, eff. July 1, 1999.
LA Rev Stat § 40:2117.7 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2117.7. Civil fines for violations; appeals

RS 2117.7 - Civil fines for violations; appeals Civil fines for violations by applicants and licensees shall be assessed and collected by the department, and administrative appeals with respect to such fines shall be available, in accordance with R.S. 40:2199. Acts 1999, No. 650, §1, eff. July 1, 1999.
LA Rev Stat § 40:2118 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2118. Fluoroscopy procedures in a hospital setting

RS 2118 - Fluoroscopy procedures in a hospital setting With regard to the protection of the public health, in a hospital setting, fluoroscopy procedures may be conducted by a radiologist licensed in the state or by a radiology technician licensed in the state and who is under the direct supervision of a radiologist or other physician. Acts 2003, No. 1226, §1, eff. Sept. 1, 2003.
LA Rev Stat § 40:2120.1 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2120.1. Purpose

RS 2120.1 - Purpose The purpose of this Part is to further provide for the operation and maintenance of home- and community-based services for elderly persons and people with disabilities or mental illness. Acts 2005, No. 483, §1, eff. July 12, 2005; Acts 2008, No. 839, §3, eff. July 8, 2008.
LA Rev Stat § 40:2120.3 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2120.3. Licensure of home- and community-based service providers

RS 2120.3 - Licensure of home- and community-based service providers A. No home- and community-based service provider may be established or operated or be reimbursed under the Medicaid program for such services unless licensed to perform such services by the department. B. A license issued to a home- and community-based service provider shall be valid for only one geographic location, and shall be issued only for the person and premises named in the license application. C. A license issued under this Part shall be valid for one year from the date of issuance, unless revoked prior to that date. D. A license issued under this Part shall expire on the last day of the twelfth month after the date of issuance, unless otherwise renewed, or as set forth in rules promulgated by the department. E. A license issued under this Part shall be on a form prescribed by the department. F. A license issued under this Part shall not be transferrable or assignable. G. A license issued to a home- and community-based service provider shall be posted in a conspicuous place on the licensed premises and shall list the types of home- and community-based services that the provider is licensed to provide. H. Repealed by Acts 2008, No. 839, §5, eff. July 8, 2008. Acts 2005, No. 483, §1, eff. July 12, 2005; Acts 2008, No. 839, §§3, 5, eff. July 8, 2008; Acts 2009, No. 96, §1, eff. June 18, 2009.
LA Rev Stat § 40:2120.5 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2120.5. License issuance; application; onsite inspection

RS 2120.5 - License issuance; application; onsite inspection  A. Each application for licensure of a home- and community-based service provider shall be submitted to the department on forms provided by the licensing agency and shall contain such information as that agency may require. Additional information required by the licensing agency shall be provided by the applicant as requested.  B. Each application for licensure and application for renewal of licensure shall be accompanied by a nonrefundable license fee in the amount set by the licensing agency in accordance with R.S. 40:2120.4.  C.(1) Following receipt of the completed application and licensing fee, the licensing agency shall perform an onsite survey and inspection. If, after the onsite survey and inspection, the licensing agency finds that the facility or provider meets the requirements established under this Part and the licensing standards adopted pursuant to this Part, a license shall be issued.  (2) The licensing agency shall work to ensure that surveys are coordinated to the greatest extent possible with other state regulatory agencies in order to reduce duplication of effort on the part of the state, as well as the regulated provider. This provision shall not apply to complaint investigations.  D. As a condition for a renewal of a license, the licensee shall submit to the licensing agency a completed annual renewal application on forms prescribed by the licensing agency and containing such information as required by the agency; 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 licensing agency shall determine if the facility or provider continues to meet the requirements established pursuant to this Part and the licensing standards adopted pursuant to this Part. The licensing agency may perform an onsite survey and inspection upon annual renewal. If the facility or provider continues to meet the requirements established pursuant to this Part and the licensing standards adopted pursuant to this Part, a license shall be issued which is valid for one year.  E. The licensing agency may perform an onsite inspection at reasonable times as necessary to ensure compliance with the provisions of this Part.  Acts 2005, No. 483, §1, eff. July 12, 2005; Acts 2008, No. 839, §3, eff. July 8, 2008; Acts 2011, No. 299, §2; Acts 2018, No. 206, §4.