reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2103. Date licenses must be obtained; moratorium on licensure of long-term care hospitals and beds

RS 40:2103 - Date licenses must be obtained; moratorium on licensure of long-term care hospitals and beds
A. After July 1, 1961, no person acting individually or jointly with any other person shall establish, conduct, or maintain a hospital without a license from the department, except that any hospital in operation at the time of enactment of this Part shall make application for a license and may continue in operation until action has been taken on the application. Such hospitals shall be given a reasonable time, under the particular circumstances, not to exceed one year without department approval from the date of adoption of rules, regulations, and minimum standards as herein provided, within which to comply with such rules, regulations, and minimum standards.
B. A provisional license may be issued to a hospital for periods of six months in cases where sufficient compliance with regulations, codes or minimum standards require an extension of time. The failure to comply must not be detrimental to the health or safety of the residents and the deficiencies must be cited at the time of issuance.
C.(1) Notwithstanding any other provision of law to the contrary, the Louisiana Department of Health shall implement a moratorium, effective August 1, 1997, on the licensure of long-term care hospital facilities and beds in long-term care hospital facilities. The Louisiana Department of Health shall not approve for licensure as a hospital and enrollment as a Medicaid provider any long-term care hospital facility, as defined in 42 CFR 412.23, nor shall it approve for licensure and enrollment as a Medicaid provider any bed in such a facility, until July 1, 2008.
(2) This moratorium shall not apply to facilities licensed and converted to long-term care hospital facilities prior to December 1, 1997, or to Louisiana entities that, prior to July 1, 1997, have filed an application for accreditation with the Joint Commission on Accreditation of Healthcare Organizations for facilities leased from a major teaching hospital, and have given notice to the Louisiana Department of Health of their intention to obtain long-term care hospital status for such hospital facilities.
(3) Without limiting the generality of the foregoing, the legislature specifically intends that this moratorium shall not apply to the facility in Orleans Parish formerly known as New Orleans General Hospital. Further, to the extent permitted by federal law this moratorium shall apply only to facilities enrolled in the Medicaid program.
Added by Acts 1961, No. 90, §1. Amended by Acts 1970, No. 408, §1; Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1997, No. 583, §2, eff. July 3, 1997; Acts 2001, No. 863, §2, eff. June 26, 2001; Acts 2003, No. 1191, §2, eff. July 3, 2003.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2104. Application

RS 40:2104 - Application
A. An application for a license shall be made to the department on forms provided by it and shall contain such information as the department reasonably requires, which may include affirmative evidence of ability to comply with such reasonable standards, rules, and regulations as are lawfully prescribed hereunder and information required for health planning pursuant to R.S. 36:256(B). Additional information required by the licensing agency or for health planning shall be supplied on supplemental forms as needed.
B. As a condition of licensure, the department may require hospitals to provide certain information including but not limited to financial, demographic, and census information. The department shall promulgate rules to implement this Subsection in accordance with the Administrative Procedure Act. Such information shall be shared with the Louisiana Hospital Association, which shall be subject to the same confidentiality requirements provided for in this Subpart.
Acts 1989, No. 229, §1; Acts 1999, No. 1289, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2105. Procedure and investigation relative to issuance of license

RS 40:2105 - Procedure and investigation relative to issuance of license
A. Following receipt of an application for license the department shall issue a license if the applicant and hospital facility meet the requirements established under this Part and the minimum standards adopted in pursuance thereof.
B. Any officer or duly authorized agent of the Louisiana Department of Health, the fire marshal, or either, may enter and inspect any building or premises at any reasonable time to secure compliance with or to prevent the violation of any provision of this Part.
C. The department may, either before or after the issuance of a license, request the cooperation of the fire marshal to make investigations to determine if the applicant or licensee is complying with the minimum standards promulgated by the department. The report and recommendations of any such agency shall be in writing and shall state with particularity its findings with respect to compliance or noncompliance with such minimum standards. It shall be the duty of the fire marshal to cooperate with the department in the enforcement of this Part and the minimum standards adopted in pursuance thereof when called upon by the department.
Added by Acts 1961, No. 90, §1. Amended by Acts 1977, No. 680, §57.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2106. Confidential nature of financial information and financial records

RS 40:2106 - Confidential nature of financial information and financial records
Notwithstanding the provisions of the Public Records Act, financial information and financial records received by the department under the provisions of this Part shall be held confidential and shall not be disclosed except when subpoenaed in a proceeding for the revocation, suspension, or denial of a license.
Added by Acts 1961, No. 90, §1; Acts 1985, No. 340, §1, eff. July 9, 1985; Acts 1999, No. 1289, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2107. Fees and limitations

RS 40:2107 - Fees and limitations
A. The application by any person for a license or renewal of a license to operate a hospital shall be accompanied by a fee of one hundred dollars plus three dollars per bed which is hereby levied as the license fee for operation of a hospital for a period of one year; provided hospitals subject to the licensing requirements of this Part which are owned and operated by the state of Louisiana shall be exempt from payment of the fees stipulated in this Section. The fees herein levied and collected shall be paid into the general fund.
B. Each license issued hereunder shall be for a period of one year from date of issuance unless sooner revoked, shall be on a form prescribed by the Department, shall not be transferable or assignable, shall be issued only for the person and premises named in the application, shall be posted in a conspicuous place on the licensed premises, and may be renewed from year to year upon application and payment of the license fee as in the case of the procurement of an original license.
Added by Acts 1961, No. 90, §1; Amended by Acts 1977, No. 579, §1, eff. July 15, 1977; Acts 1986, No. 497, §1, eff. July 2, 1986.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2109.1. Hospital reports on complications of surgical procedures resulting from an abortion

RS 40:2109.1 - Hospital reports on complications of surgical procedures resulting from an abortion
A. A hospital licensed by the Louisiana Department of Health, pursuant to this Part shall submit a report to the department on patients who present for treatment in the emergency department as a result of complications after an abortion as defined in R.S. 14:87.1. The report shall be confidential, shall be exempt from disclosure pursuant to the Public Records Law, R.S. 44:1 et seq., and shall not contain the name or address of the patient.
B. The Louisiana Department of Health, in consultation with the Louisiana State Board of Medical Examiners, shall promulgate rules regarding the electronic coding, reporting, and tracking of complications after any abortion that is treated at any hospital.
C.(1) The report required by Subsection A of this Section shall include the following information, if known:
(a) The date of the abortion.
(b) The name and address of the facility where the abortion was performed or induced.
(c) The nature of the abortion complication diagnosed or treated.
(d) The name and address of the facility where the post-abortion care was performed.
(2) Each facility that is subject to the requirements of this Section shall ensure that a staff member of the facility attempts to obtain the information required by Paragraph (1) of this Subsection from any patient prior to the patient's discharge from the facility who presents for treatment in the emergency department of the facility as a result of complications after an abortion.
(3) The report shall be submitted on a form created by the Louisiana Department of Health. The Louisiana Department of Health shall publicly report aggregate data annually by facility where the abortion was performed or induced.
Acts 2021, No. 425, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2109.2. Hospitals; passenger elevators equipped with telephone or intercom

RS 40:2109.2 - Hospitals; passenger elevators equipped with telephone or intercom
Commencing January 1, 1981, each hospital in this state which is licensed by the Louisiana Department of Health and which maintains and operates one or more passenger elevators in such hospital shall equip each passenger elevator with a telephone or an intercom system. The Louisiana Department of Health may adopt necessary rules, regulations, and minimum standards for the purposes of this Section. The license of any such hospital may be suspended upon failure of the hospital to comply with the provisions of this Section.
Added by Acts 1980, No. 378, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2109.3. Pediatric advanced life support training for nurses

RS 40:2109.3 - Pediatric advanced life support training for nurses
A. As used in this Section, the following definitions shall apply unless the content clearly states otherwise:
(1) "Pediatric ward" means a specially designated area, floor, or section in a hospital that is recognized as the area, floor, or section where infants and children can be treated.
(2) "Registered nurse" means any person licensed under R.S. 37:920 to engage in the practice of nursing.
B. No later than January 1, 1995, every registered nurse who works primarily in a hospital emergency room or pediatric ward shall be trained in an emergency nursing pediatric course that includes training in pediatric trauma and pediatric advanced life support and that has been conducted pursuant to guidelines established by the Louisiana State Board of Nursing. Training taken in compliance with this requirement may be used to satisfy continuing education requirements as established by the Louisiana State Board of Nursing. Training may be taught by any person approved pursuant to guidelines established by the Louisiana State Board of Nursing.
Acts 1993, No. 548, §1, eff. June 10, 1993.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2111. Penalty for violation specified

RS 40:2111 - Penalty for violation specified
Any person establishing, conducting, managing, or operating any hospital without a license under this Part shall be guilty of a misdemeanor, and upon conviction shall be fined not more than one hundred dollars for the first offense and not more than two hundred dollars for each subsequent offense, and each day of a continuing violation after conviction shall be considered a separate offense. The district attorneys of the several parishes shall represent the State in proceedings under this Part in their respective parishes.
Added by Acts 1961, No. 90, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2112. Enforcement by injunction authorized

RS 40:2112 - Enforcement by injunction authorized
Notwithstanding the existence or pursuit of any other remedy the secretary may, in the manner provided by law, maintain an action in the name of the state for injunction or other process against any person or governmental unit to restrain or prevent the establishment, conduct, management, or operation of a hospital without a license under this Part.
Added by Acts 1961, No. 90, §1. Amended by Acts 1977, No. 680, §61.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2113. Charges for hospitalization and drugs

RS 40:2113 - Charges for hospitalization and drugs
Notwithstanding any provisions of law or admission rules or standards of a state hospital governing the admission of poor and destitute patients, all persons who are eligible to receive medical assistance benefits from any agency or insurance company or other entity public or private administering or in any way participating in any federal medical assistance program shall, if admitted to a state hospital, be charged fees for their hospitalization and drugs rendered them at rates to be established by agreement between the state hospital and the agency or insurance company or other entity public or private administering or in any way participating in the federal medical assistance program and having the authority to establish such rates by agreement. All funds received from fees paid under the provisions of this Section on behalf of patients shall be paid into the general fund.
Added by Acts 1961, No. 90, §1. Amended by Acts 1966, No. 10, §1; Acts 1966, No. 26, eff. July 11, 1966, at 3:25 P.M.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2113.2. Rules, regulations, and contracts

RS 40:2113.2 - Rules, regulations, and contracts
The Louisiana Department of Health shall prescribe rules and regulations to govern the necessary contracts, agreements, and financial arrangements to properly conduct training and research programs. Such rules and regulations shall govern contracts and agreements with colleges and universities, both publicly and privately owned, within the state for the purpose of promoting research and training in relation to illnesses of all types. All rules, regulations, and contracts adopted under the former authority of R.S. 46:663.2 are continued in effect and made subject to the provisions herein enacted.
Added by Acts 1964, No. 170, §8. Amended by Acts 1977, No. 680, §62; Acts 2022, No. 271, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2113.3. Hospital improvement fund

RS 40:2113.3 - Hospital improvement fund
A. All funds received from fees paid by or on behalf of patients in Louisiana Charity Hospital at New Orleans and Confederate Memorial Medical Center at Shreveport under the provisions of Titles 28, 40 and 46 of the Revised Statutes of Louisiana of 1950 shall be deposited in a special account in the State Treasury to be known as the Hospital Improvement Fund, to the credit of the collecting hospital.
B. The monies so collected shall be credited to the account of the aforesaid hospitals in the Fund. For the fiscal year 1970-71 the first four hundred thousand dollars collected by Louisiana Charity Hospital at New Orleans shall be transferred to the Research and Training Account established under the provisions of R.S. 40:2113.1; for the fiscal years 1971-72 and 1972-73 the first two hundred thousand dollars collected by Louisiana Charity Hospital at New Orleans shall be transferred to the Research and Training Account established under the provisions of R.S. 40:2113.1; thereafter, no funds collected by Louisiana Charity Hospital at New Orleans shall be credited to the said Research and Training Account. The first one hundred thousand dollars credited to the account of Confederate Memorial Medical Center for the fiscal year 1970-71 shall likewise be transferred to the Research and Training Account established under the provisions of R.S. 40:2113.1; for the fiscal years 1971-72 and 1972-73 the first fifty thousand dollars credited to the account of Confederate Memorial Medical Center shall also be transferred to the Research and Training Account; thereafter, no monies credited to the account of Confederate Memorial Medical Center shall be transferred to the Research and Training Account. The remaining monies credited to the account of each such hospital in the fund are hereby dedicated without further or special appropriation to the respective hospital and shall be subject to expenditure from time to time for purchase of equipment. No part of the funds of any of said accounts shall revert to the State General Fund at the close of any fiscal year nor shall these funds be considered as other means of financing of the respective hospital.
Acts 1970, No. 620, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2113.4. Duty to provide services; penalty

RS 40:2113.4 - Duty to provide services; penalty
A. Any general hospital licensed under this Part, which is owned or operated, or both, by a hospital service district, which benefits from being financed by the sale of bonds that are exempt from taxation as provided by Louisiana law, or which receives any other type of financial assistance from the state of Louisiana and which offers emergency room services to the public and is actually offering such services at the time, shall make its emergency services available to all persons residing in the territorial area of the hospital regardless of whether the person is covered by private, federal Medicare or Medicaid, or other insurance. Each person shall receive these services free from discrimination based on race, religion, or national ancestry and from arbitrary, capricious, or unreasonable discrimination based on age, sex, or physical condition and economic status. However, in no event shall emergency treatment be denied to anyone on account of inability to pay. Any such hospital found to be in violation of this Section shall not receive any client referrals from the Louisiana Department of Health.
B. For purposes of this Section, "emergency" means a physical condition which places the person in imminent danger of death or permanent disability, or in cases of rape; however, the person may be directed to another hospital which has been designated by the coroner of the parish as a facility which specializes in care and treatment of rape victims. "Emergency services" means those services which are available in the emergency room and surgical units in order to sustain the persons' life and prevent disablement until the person is in condition to be able to travel to another appropriate facility without undue risk of serious harm to the person. Those general hospitals which do not have emergency room physician services available at the time of the emergency shall not be in violation of this Section, if after a good faith reasonable effort a physician is unavailable to provide those medical services, which according to law, only physicians are authorized to perform.
C.(1) In all cases in which a child under fourteen has been raped or physically or sexually abused, the coroner of the parish may direct the person to a facility which has been designated by said coroner as a facility which specializes in the care and treatment of such victims.
(2) The coroner, in conjunction with the designated facility and the district attorney and local law enforcement authority, may provide for and equip a room for videotaping a child pursuant to R.S. 15:440.1 through 440.6.
Added by Acts 1980, No. 630, §1. Amended by Acts 1981, No. 446, §1; Acts 1984, No. 563, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2113.5. Services to persons who are elderly and persons with disabilities

RS 40:2113.5 - Services to persons who are elderly and persons with disabilities
Any general hospital licensed under this Part, which is owned or operated, or both, by a hospital service district, or which benefits from being financed by the sale of bonds from the state or guaranteed by the state that are exempt from taxation as provided by Louisiana law, or which receives any other type of financial assistance from the state, is directed to give, when possible, priority to the treatment of persons who are elderly and persons with physical or mental disabilities in the delivery of nonemergency health care services.
Added by Acts 1981, No. 573, §1; Acts 2014, No. 811, §22, eff. June 23, 2014.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2114. Organization of medical and dental staff

RS 40:2114 - Organization of medical and dental staff
A. Each hospital shall have a single, organized medical and dental staff. Medical and dental staff membership shall include doctors of medicine or osteopathy who are currently licensed to practice medicine or osteopathy by the Louisiana State Board of Medical Examiners and dentists licensed to practice dentistry by the Louisiana State Board of Dentistry.
B. Each hospital offering care or services within the scope of the practice of psychology, as defined in R.S. 37:2352(5), shall establish rules, regulations, and procedures for consideration of an application for medical staff membership and clinical privileges submitted by a psychologist licensed to practice psychology by the Louisiana State Board of Examiners of Psychologists or a medical psychologist licensed to practice medical psychology by the Louisiana State Board of Medical Examiners. No hospital shall deny such medical staff membership and clinical privileges solely because the applicant is licensed under R.S. 37:2351 et seq., or R.S. 37:1360.51 et seq.
C. No individual shall be automatically entitled to membership on the medical and dental staff or to the exercise of any clinical privilege solely on the basis of his license to practice in any state, his membership in any professional organization, his certification by any clinical examining board, or his clinical privileges or staff membership at another hospital without meeting the reasonable criteria for membership established by the governing body of the respective hospital.
D. The provisions of this Section shall in no way affect the provisions of R.S. 37:1301.
E. A hospital shall establish rules, regulations, and procedures setting forth the nature, extent, and type of staff membership and clinical privileges, as well as the limitations placed by the hospital on said staff membership and clinical privileges for all health care providers practicing therein.
Acts 1986, No. 1043, §1; Acts 1992, No. 321, §1; Acts 2009, No. 251, §9, eff. Jan. 1, 2010; Acts 2021, No. 238, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2115.11. Requirement for approval of hospital acquisitions

RS 40:2115.11 - 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.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2115.12. Definitions

RS 40:2115.12 - 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.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2115.13. Application to acquire a hospital

RS 40:2115.13 - 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.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2115.14. Review of application; notice

RS 40:2115.14 - 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.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2115.15. Public hearing; venue

RS 40:2115.15 - 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.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2115.16. Decision; appeal

RS 40:2115.16 - 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.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2115.17. Criteria for decision; attorney general

RS 40:2115.17 - 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.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2115.18. Additional criteria for decision; attorney general

RS 40:2115.18 - 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.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2115.19. Reports to the attorney general

RS 40:2115.19 - 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.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2115.20. Violations; license suspension or revocation

RS 40:2115.20 - 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.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2115.21. Excluded acquisitions

RS 40:2115.21 - 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.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2115.22. Prohibited acquisitions

RS 40:2115.22 - 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.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2115.23. Authority for regulation

RS 40:2115.23 - 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.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2115.31. Legislative intent

RS 40:2115.31 - 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.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2115.32. Definitions

RS 40:2115.32 - 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.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2115.33. Emergency department; licensure; prohibitions

RS 40:2115.33 - 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.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2116.2. Nursing facilities; cost effective measures

RS 40:2116.2 - Nursing facilities; cost effective measures
The Louisiana Department of Health may promulgate rules to accomplish cost effectiveness of beds that include but are not limited to the following:
(1) A bed abeyance program to reduce nursing facility beds by ten percent or more. Such an abeyance program shall include a timeframe in which a determination is made as to whether beds should be brought out of abeyance based upon a ninety-three percent occupancy rate within a service area.
(2) An increase in the minimum occupancy level required for a nursing facility to fully recover its capital cost.
(3) A buy-back program, provided such a buy-back program is approved by the Centers for Medicare and Medicaid Services and is eligible for federal funds participation.
(4) A bed exchange program that allows a nursing facility to create adult residential care beds based on the permanent elimination of existing nursing facility beds.
Acts 2022, No. 531, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2116.31. Scope; purpose; definitions

RS 40:2116.31 - 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.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2116.33. Home health agencies; jurisdiction

RS 40:2116.33 - 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.