reglab/housing_qa huggingface dataset:
LA Rev Stat § 40:2009.8 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2009.8. Right of inspection by department; records; reports; confidentiality of inspection; penalty

RS 2009.8 - Right of inspection by department; records; reports; confidentiality of inspection; penalty  A. Every home conducted by a licensee hereunder, and any premises proposed to be conducted by an applicant for a license, shall be open at all reasonable times to inspection by the department and by any agency designated by the department as provided in R.S. 40:2009.5.  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.  C. Any information regarding the date and time of a proposed inspection shall be confidential, shall not be transmitted outside of the Louisiana Department of Health, and shall not be transmitted within that department except to the extent necessary to conduct the inspection. Any person who knowingly or willfully violates the provisions of this Subsection shall be fined not more than five hundred dollars or imprisoned for not more than ninety days, or both.  Added by Acts 1958, No. 188, §1; Acts 1986, No. 108, §1.
LA Rev Stat § 40:2009.9 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2009.9. Term of license; renewal fee; display; transfer

RS 2009.9 - Term of license; renewal fee; display; transfer A license shall expire on the last day of the twelfth month after date of issuance unless otherwise renewed. All applications for renewal, except those of places operated by a political subdivision of the state of Louisiana, shall be accompanied by a renewal fee of one hundred dollars plus three dollars per bed. The license shall be displayed in a conspicuous place inside the home. A license or provisional 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 or provisional license be valid for any premises other than those for which originally issued. Added by Acts 1958, No. 188, §1. Amended by Acts 1970, No. 541, §4; Acts 1977, No. 579, §1, eff. July 15, 1977; Acts 1986, No. 497, §1, eff. July 2, 1986.
LA Rev Stat § 40:2009.10 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2009.10. Department reports relating to recipients of public assistance

RS 2009.10 - Department reports relating to recipients of public assistance The department shall promptly report to the office of family security, the licensing status or any change thereof, of any nursing home that has any patrons who are recipients of public assistance. Added by Acts 1958, No. 188, §1. Amended by Acts 1977, No. 680, §11; Acts 1978, No. 786, §5, eff. July 17, 1978.
LA Rev Stat § 40:2009.10.1 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2009.10.1. Immediate jeopardy violations in a licensed nursing home

RS 2009.10.1 - Immediate jeopardy violations in a licensed nursing home  A. Except as otherwise provided in Subsection C of this Section, if the Louisiana Department of Health identifies an immediate jeopardy violation during the course and scope of a survey of a licensed nursing home, the department shall notify the administrator or his designee of such violation and make available an opportunity to speak via telephone with a department supervisor prior to the surveyor's exiting the facility if the survey is conducted during regular working hours. If the survey is conducted during a time not considered regular working hours, the administrator shall have the opportunity to speak with a department supervisor during the next business morning.  B. If an immediate jeopardy violation is noted, the department shall present the administrator or his designee with a warning that immediate action is required to remedy the violation and preserve appeal rights as significant fines may be imposed by the Centers for Medicare and Medicaid Services. The warning notice shall be clear and in writing in a standard form developed by the department that includes an explanation of the basis for the citation.  C. If the department identifies an immediate jeopardy violation after the department surveyors have exited the licensed nursing home, the department shall notify the administrator or his designee of such violation by telephone, shall forward the notice described in Subsection B of this Section to the administrator or his designee via electronic or facsimile transmission, and shall provide an opportunity to speak via telephone with a department supervisor during the next business morning after such notification. Such notification shall be provided to the nursing home on an expedited basis.  Acts 2016, No. 385, §1.
LA Rev Stat § 40:2009.12 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2009.12. Sleeping potion, sedatives, or injections without prescription; penalties

RS 2009.12 - Sleeping potion, sedatives, or injections without prescription; penalties  It shall be unlawful for anyone operating a nursing home, or any employee thereof, to administer any sleeping potion or sedative or any hypodermic injections without a doctor's prescription to any patron of any such nursing home. Any violation of this Section by any employee, operator, or owner of a nursing home shall be cause for cancellation of license in accordance with the provisions of this Chapter, and such violator shall also be subject to the criminal penalties imposed by the Uniform Controlled Dangerous Substances Law, Part X of Chapter 4 of this Title, relating to narcotics or to barbiturates insofar as applicable.  Added by Acts 1958, No. 188, §1; Acts 2018, No. 206, §4.
LA Rev Stat § 40:2009.15 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2009.15. Investigation report

RS 2009.15 - Investigation report  A. The report of the investigation by the department shall state whether any state licensing law, or any minimum standard, rule, regulation, or plan of correction of the Louisiana Department of Health, or any federal certification rule affecting the health care provider, or any standard relating to the health, safety, care, or treatment of consumers has been violated. If such violation is found to exist, the appropriate departmental staff shall promptly provide notice to the secretary or his designee of such violation. The secretary or his designee shall take appropriate action as authorized by Subsection B of this Section. Results of the investigation, including any notification of violations or deficiencies as provided in Subsection C of this Section, shall be sent by certified mail or hand delivered to the complainant and to the health care provider.  B. Upon receipt of such notice of violation from the department, the secretary shall consider:  (1) For violation of a federal certification rule or standard, appropriate action to terminate the health care provider's participation in the Medicaid program, the Medicare program, or both.  (2) For any violation which jeopardizes the health or safety of the consumer or consumers, appropriate steps to revoke the license pursuant to the authority granted under the licensing law for that type of health care provider.  (3) For any identified violations, imposing a sanction against the health care provider as authorized by law.  C.(1) If deficient practices are identified, the department shall notify the health care provider of the violation, list the rules or laws violated, and solicit a plan of correction from the health care provider.  (2) A health care provider which is required to correct identified violations may submit a written request to the department for informal reconsideration regarding the validity of the violations of the law or rule specified in the notice. This request must be received by the department within ten days of the health care provider's receipt of the notice. The complainant shall also be afforded an opportunity to request an informal reconsideration of the findings. Such a request must be made within thirty days of the complainant's receipt of the results of the investigation. The department shall schedule the requested informal reconsideration in a timely manner.  (3) The time periods specified in this Subsection shall commence with receipt by the health care provider of the notice specifying the corrective actions to be taken.  Added by Acts 1978, No. 687, §2; Acts 1990, No. 859, §1; Acts 1997, No. 1002, §§1, 2.
LA Rev Stat § 40:2009.16 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2009.16. Hearing

RS 2009.16 - Hearing A.(1) An informal reconsideration shall constitute final action by the department except in those complaints in which the health standards section of the bureau of health services financing determines that the complaint concerns a consumer in a facility and involves issues that have resulted or are likely to result in serious harm or death to the consumer. In those complaints involving the issues of serious harm or death, as determined by the health standards section, the complainant or the provider may appeal the informal reconsideration finding to the division of administrative law. All appeals and hearings shall conform with the Administrative Procedure Act and rules established by the department and the division of administrative law. (2) For purposes of this Section, "serious harm" is an incident which involves unconsciousness; physical pain evidenced by objective findings; disfigurement; loss or impairment of the function of a body member, organ, or mental faculty; or severe emotional distress. B. The hearing by the division of administrative law shall be limited to the evidence presented at the informal reconsideration unless the complainant or provider has obtained additional evidence important to the issues which he could not have with due diligence obtained before or during the informal reconsideration. C. An administrative law judge shall make a determination on the appeal based on the evidence presented as to whether the investigation was conducted properly or improperly. If the administrative law judge determines that the investigation was not conducted properly, he shall designate in writing and with specificity the methods by which a reinvestigation shall be conducted. No appeal shall lie from a reinvestigation upon a prima facie showing that the reinvestigation was conducted in accordance with the designations of the administrative law judge. Added by Acts 1978, No. 687, §2. Acts 1997, No. 1002, §1; Acts 2014, No. 812, §2, eff. June 23, 2014.
LA Rev Stat § 40:2009.17 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2009.17. Retaliation by health care provider

RS 2009.17 - Retaliation by health care provider No discriminatory or retaliatory action shall be taken by any health care provider or government agency against any person or client by whom or for whom any communication was made to the department or unit, provided the communication is made in good faith for the purpose of aiding the office or unit to carry out its responsibilities. Any person who knowingly or willfully violates the provisions of this Section shall be guilty of a misdemeanor and upon conviction punished by a fine of not less than one hundred dollars nor more than five hundred dollars. Added by Acts 1978, No. 687, §2; Acts 1990, No. 859, §1; Acts 1997, No. 1002, §1.
LA Rev Stat § 40:2009.18 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2009.18. Notification of the procedure

RS 2009.18 - Notification of the procedure  The Louisiana Department of Health shall prepare and distribute to nursing homes in quantities appropriate to carry out the intent of this Section a booklet setting forth the complaint procedure established by R.S. 40:2009.13 through 2009.17. This booklet shall include a summary of costs which the Title XIX nursing home payments cover, a list of most additional kinds of costs which could be incurred but which Title XIX nursing home payments do not cover, and other information the department deems necessary to assist the families, and the individuals admitted, to a better understanding of the adjustments relative to living in a nursing home. The booklet shall be distributed by all licensed nursing homes to all current patients and to all new patients on the date of their admission. In addition, notice of this complaint procedure, complete with the name, address, and telephone number of the licensing and certification section of the office of management and finance of the Louisiana Department of Health, shall be posted conspicuously in the nursing home at places where patients gather, including, but not limited to, the administrative office, the dining hall, the activity room, and all nurses' stations.  Added by Acts 1978, No. 687, §2; Acts 2018, No. 206, §4.
LA Rev Stat § 40:2009.19 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2009.19. Notification of change

RS 2009.19 - Notification of change It shall be the duty of the department to apprise all nursing homes licensed under R.S. 40:2009.6 in writing of any state law, minimum standard, rule, regulation, or order promulgated by the department and of any changes therein with which the nursing homes will be expected to comply. Added by Acts 1978, No. 687, §2.
LA Rev Stat § 40:2009.20 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2009.20. Duty to make complaints; penalty; immunity

RS 2009.20 - Duty to make complaints; penalty; immunity A. As used in this Section, the following terms shall mean: (1) "Abuse" is the infliction of physical or mental injury or the causing of the deterioration of a consumer by means including but not limited to sexual abuse, or exploitation of funds or other things of value to such an extent that his health or mental or emotional well-being is endangered. (2) "Neglect" is the failure to provide the proper or necessary medical care, nutrition, or other care necessary for a consumer's well-being. B.(1) Any person who is engaged in the practice of medicine, social services, facility administration, psychological or psychiatric services; or any registered nurse, licensed practical nurse, nurse's aide, home- and community-based service provider employee or worker, personal care attendant, respite worker, physician's assistant, physical therapist, or any other direct caregiver having knowledge that a consumer's physical or mental health or welfare has been or may be further adversely affected by abuse, neglect, or exploitation shall, within twenty-four hours, submit a report to the department or inform the unit or local law enforcement agency of such abuse or neglect. When the department receives a report of sexual or physical abuse, whether directly or by referral, the department shall notify the chief law enforcement agency of the parish in which the incident occurred of such report. Such notification shall be made prior to the end of the business day subsequent to the day on which the department received the report. For the purposes of this Paragraph, the chief law enforcement agency of Orleans Parish shall be the New Orleans Police Department. (2) Any person who knowingly or willfully violates the provisions of this Section shall be fined not more than five hundred dollars or imprisoned for not more than two months, or both. C. Any person, other than the person alleged to be responsible for the abuse or neglect, reporting pursuant to this Section in good faith shall have immunity from any civil liability that otherwise might be incurred or imposed because of such report. Such immunity shall extend to participation in any judicial proceeding resulting from such report. D. All hospitals shall permanently display in a prominent location in their emergency rooms a copy of R.S. 40:2009.20. Added by Acts 1982, No. 551, §1. Acts 1983, No. 98, §1; Acts 1983, No. 616, §1; Acts 1990, No. 859, §2; Acts 1997, No. 1002, §1; Acts 2002, 1st Ex. Sess., No. 80, §2; Acts 2003, No. 832, §1; Acts 2008, No. 839, §3, eff. July 8, 2008.
LA Rev Stat § 40:2009.21 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2009.21. Mandatory screening of nursing home Medicaid patients with mental illness or developmental disabilities; implementation, review

RS 2009.21 - Mandatory screening of nursing home Medicaid patients with mental illness or developmental disabilities; implementation, review  A. Public Law 100-203 establishes mandatory preadmission screening and resident review requirements for nursing care (other than ICF-DD) provided under Title XIX of the Social Security Act. Section 1919(b)(3)(F) of the Social Security Act prohibits admission of a mentally ill or mentally retarded Title XIX recipient unless the recipient requires the level of services provided by a nursing facility because of his physical and mental condition as determined by the state mental health authority or state mental retardation or developmental disability authority.  B. The Louisiana Department of Health shall establish rules and regulations to implement the mandatory preadmission and resident review requirements for nursing care (other than ICF-DD) provided under Title XIX of the Social Security Act. Such rules and regulations shall require that the department must make a determination of eligibility with regard to the first level of screening within two working days after a request is submitted to the department. If the department determines that a second level of screening is required to ascertain the mental condition of the applicant, the second level of screening shall be conducted and completed within eight working days after the completion of the first level of screening, and the applicant shall be notified of the agency's determination on the date the screening is completed. If the department fails to comply with the time limits provided for in this Subsection, the applicant shall be deemed eligible under Title XIX for placement in a nursing facility without further delay.  C. The Louisiana Department of Health, office of behavioral health shall be the state mental health authority and state developmental disability authority as provided for in the Social Security Act.  Acts 1989, No. 422, §1; Acts 2009, No. 384, §5, eff. July 1, 2010; Acts 2014, No. 811, §22, eff. June 23, 2014; Acts 2018, No. 206, §4.
LA Rev Stat § 40:2009.22 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2009.22. Certification of nursing homes

RS 2009.22 - Certification of nursing homes  A. Beginning July 1, 2004, at the time of licensure renewal for nursing homes enrolled in the Medicaid program, those nursing homes enrolled in the Medicaid program shall also be certified for participation in the Medicare Part A skilled nursing facility program.  B. For any licensing application or renewal on or after July 1, 2004, nursing home providers may be granted a one hundred eighty-day grace period in which to certify for Medicare program participation, any beds that will be enrolled in the Medicaid program. This grace period may be granted by the Louisiana Department of Health, licensing and certification division, upon good cause shown.  C. If at time of license renewal or at any time after a grace period expires, a Medicaid nursing home provider fails to meet the requirements of Subsection A of this Section, such failure may result in Medicaid de-certification of the facility that fails to comply.  D. However, a skilled nursing facility enrolled in the Medicare Part A program shall not be required to enroll in the Medicaid program. If a Medicare certified skilled nursing facility desires to become Medicaid certified, it shall be required to comply with all requirements of the Facility Need Review program as set forth in R.S. 40:2116(B)(1) et seq.  Acts 2004, No. 317, §1.
LA Rev Stat § 40:2009.23 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2009.23. Adoption of rules; denial of payments; fines; temporary management; alternate remedies

RS 2009.23 - Adoption of rules; denial of payments; fines; temporary management; alternate remedies  A. The Louisiana Department of Health is hereby authorized to and shall adopt rules in accordance with the Administrative Procedure Act, to provide remedies mandated by federal law which may include:  (1) The denial of payment with respect to any individual admitted to a nursing facility when mandated by federal law.  (2) The use of civil fines assessed and collected for violation of conditions mandated by federal law, such funds to be applied as mandated by federal law.  (3) The procedure and requirements concerning the appointment of temporary management of a nursing facility as mandated by federal law.  (4) The closure of a nursing facility, the transfer of residents in such facility, or both, in the case of an emergency, as mandated by federal law.  (5) Alternate remedies to deter noncompliance and correct deficiencies.  B. The department, by rule adopted pursuant to the Administrative Procedure Act, shall specify criteria as to when and how each remedy is to be applied, the amount of any fine within the limits specified by law, and the severity of the remedies to be used in the imposition of such remedies as mandated by federal law.  C. The department shall enforce rules adopted pursuant to this Section and, when determined necessary, may petition a court of competent jurisdiction to judicially enforce any such rule.  Acts 1989, No. 719, §1, eff. July 8, 1989.
LA Rev Stat § 40:2009.24 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2009.24. Repealed by Acts 2010, No. 743, §9, eff. July 1, 2010.

RS 2009.24 - Repealed by Acts 2010, No. 743, §9, eff. July 1, 2010.
LA Rev Stat § 40:2009.31 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2009.31. [Blank]

RS 2009.31 - [Blank]
LA Rev Stat § 40:2009.32 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2009.32. [Blank]

RS 2009.32 - [Blank]
LA Rev Stat § 40:2009.33 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2009.33. [Blank]

RS 2009.33 - [Blank]
LA Rev Stat § 40:2009.34 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2009.34. [Blank]

RS 2009.34 - [Blank]
LA Rev Stat § 40:2009.35 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2009.35. [Blank]

RS 2009.35 - [Blank]
LA Rev Stat § 40:2009.36 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2009.36. [Blank]

RS 2009.36 - [Blank]
LA Rev Stat § 40:2009.37 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2009.37. [Blank]

RS 2009.37 - [Blank]
LA Rev Stat § 40:2009.38 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2009.38. [Blank]

RS 2009.38 - [Blank]
LA Rev Stat § 40:2009.39 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2009.39. [Blank]

RS 2009.39 - [Blank]
LA Rev Stat § 40:2009.40 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2009.40. [Blank]

RS 2009.40 - [Blank]
LA Rev Stat § 40:2009.41 (2021)
2021 Louisiana Laws|Revised Statutes|Title 40 - Public Health and Safety|§2009.41. Repealed by Acts 1985, No. 912, §2.

RS 2009.41 - Repealed by Acts 1985, No. 912, §2.