reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1248.21. Dispensation of contraceptive drugs; six-month supply; coverage

RS 40:1248.21 - Dispensation of contraceptive drugs; six-month supply; coverage
A. The Louisiana Department of Health shall require all Medicaid health plans issued or renewed in this state on or after January 1, 2023, to include the dispensing of a six-month supply of contraceptive drugs to be obtained at one time by the insured, unless the insured requests a smaller supply or the prescribing provider instructs for the insured to receive a smaller supply. The insured shall have used the same contraceptive drugs for at least the consecutive six months prior to receiving a six-month supply. Contracts with managed care plans shall allow the insured to receive onsite dispensing of the prescribed contraceptive drugs at family practice clinics, if available. Dispensing practices shall follow all licensing and clinical guidelines for appropriate prescribing and dispensing to ensure the health of the insured while maximizing access to effective contraceptive drugs.
B. For purposes of this Section, "contraceptive drugs" means all drugs approved by the United States Food and Drug Administration that are used to prevent pregnancy including but not limited to hormonal drugs administered orally, transdermally, and intravaginally.
C. Nothing in this Section shall apply to any drug, medicine, or other substance prescribed, dispensed, or distributed that is intended to induce an abortion.
Acts 2022, No. 708, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1249.1. Legislative findings; purpose

RS 40:1249.1 - Legislative findings; purpose
A. Repealed by Acts 2022, No. 271, §7.
B. Repealed by Acts 2022, No. 271, §7.
C. Despite the substantial financial commitment that the legislature has made to provide home- and community-based long-term care services, many Louisiana residents are still required to wait for years to receive the services they need.
Acts 2010, No. 305, §1; Redesignated from R.S. 40:1300.321 by HCR 84 of 2015 R.S.; Acts 2022, No. 271, §7.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1249.2. Definitions

RS 40:1249.2 - Definitions
As used in this Part, the following terms have the meaning ascribed in this Section:
(1) Repealed by Acts 2022, No. 271, §7.
(2) "Department" means the Louisiana Department of Health or its successor in the role of designated state agency under Title XIX of the Social Security Act or any successor Act providing funding for medical care for the poor.
(3) "Elderly" means an individual who is sixty-five years of age or older.
(4) "Long-term care services" means the following services provided pursuant to Louisiana's approved Medicaid state plan for medical assistance:
(a) Long-term personal care services.
(b) Adult day health care waiver services.
(c) Children's Choice Waiver services.
(d) Elderly and Disabled Adults Waiver services.
(e) New Opportunities Waiver services.
(f) Supports waiver services.
(5) "Person with a developmental disability" means an individual of any age who has a developmental disability as defined in R.S. 28:451.2.
(6) "State plan for medical assistance" means the plan promulgated by the department in accordance with its role as designated state agency under Title XIX of the Social Security Act or any successor Act providing funding for medical care for the poor.
Acts 2010, No. 305, §1; Redesignated from R.S. 40:1300.322 by HCR 84 of 2015 R.S.; Acts 2022, No. 271, §§4, 7.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1249.4. Electronic visit verification system; implementation; conditions

RS 40:1249.4 - Electronic visit verification system; implementation; conditions
A. For purposes of this Section, "electronic visit verification system" means an automated point-of-service verification system which electronically verifies that service visits occur and documents the points in time when service provision begins and ends.
B. The legislature hereby finds that due to the significant potential of electronic visit verification systems for improving care quality and containing medical assistance program costs, notably through prevention of fraud, abuse, and billing errors, the implementation of such systems in home- and community-based long-term care and other in-home service care programs is in the best interest of this state.
C. To the maximum extent practicable, and subject to the conditions provided in Subsection D of this Section, the department shall implement an electronic visit verification system for all in-home care services that it funds through medical assistance programs.
D.(1) If the conditions of Paragraph (3) of this Subsection are satisfied, then the department shall promulgate such rules in accordance with the Administrative Procedure Act as are necessary to ensure optimal functioning of the electronic visit verification system.
(2) The department may provide rate enhancements and other financial incentives to providers of long-term care services to facilitate timely and effective implementation of the electronic visit verification system.
(3) The department may implement an electronic visit verification system only if the fiscal impact thereof is reasonably expected to be cost-neutral or result in cost savings.
Acts 2014, No. 523, §1; Redesignated from R.S. 40:1300.324 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1250.2. Legislative findings; declaration

RS 40:1250.2 - Legislative findings; declaration
A. The legislature hereby finds all of the following:
(1) Access to quality services for persons with developmental, intellectual, adult-onset, or physical disabilities furnished by private providers is essential for the health, safety, and well being of those persons.
(2) Reliable and sufficient Medicaid reimbursement rates for private providers are necessary to create and maintain a sustainable statewide system of services for eligible individuals with disabilities.
(3) A statewide system of services is sustainable only if reimbursement rates are sufficient to enlist providers in numbers great enough to allow eligible individuals a choice among different providers who are capable of delivering quality services that will meet the assessed needs of those individuals in a timely manner.
B. The legislature hereby declares that this state must take steps to foster and maintain a robust network that attracts and retains quality providers which are capable of maintaining a stable workforce and are sufficient in number to allow for meaningful choices among providers by individuals eligible to receive disability services.
Acts 2019, No. 381, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1250.3. Definitions

RS 40:1250.3 - Definitions
As used in this Part, the following terms have the meaning ascribed to them in this Section:
(1) "Department" means the Louisiana Department of Health.
(2) "Methodology" means the aggregate of methods, principles, assumptions, variables, factors, and procedures used to determine a reimbursement rate.
(3) "Provider" means a person, public agency, nonprofit corporation, or a for-profit business entity that provides services under a contract or other agreement with the department.
(4) "Rate" means the amount of money per unit of time for a Medicaid service performed or the amount of money for a Medicaid service performed for a flat fee, such as a per diem.
(5) "Rebasing" means using cost report information to adjust Medicaid reimbursement rates to the level dictated by the Medicaid reimbursement methodology for each covered service.
(6) "Reimbursement" means payment for a Medicaid service in accordance with a specified rate.
(7) "Service" means a home- or community-based service, intermediate care facility service, or support coordination service provided to a recipient by a provider under a contract or other agreement with the department.
Acts 2019, No. 381, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1250.11. Monitoring for adequacy and quality of services

RS 40:1250.11 - Monitoring for adequacy and quality of services
A. The department shall maintain reliable data in a form that permits ongoing monitoring of trending factors that may affect the sufficiency of rates. Such factors may include, without limitation, trends in cost of living and other economic indexes, wage rates, and changes in regulatory and policy requirements affecting provider costs.
B. The department may require reasonable, periodic financial reports from providers as needed to ensure the availability of reliable cost data. The department shall consult and collaborate with providers to develop reasonable financial reporting requirements.
Acts 2019, No. 381, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1250.12. Annual review of rates

RS 40:1250.12 - Annual review of rates
A. The department may conduct annual reviews of all rates by service category and shall make a determination of the level of sufficiency of each rate based on a review of all pertinent data.
B. Any reduction in disability rates to providers must be approved by the Joint Legislative Committee on the Budget.
Acts 2019, No. 381, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1250.21. Annual report

RS 40:1250.21 - Annual report
A. The department shall submit an annual report concerning disability service provider rates to the House Committee on Appropriations, the Senate Committee on Finance, and the legislative committees on health and welfare no later than forty-five days prior to the convening of each regular session of the Legislature of Louisiana. The report shall include, without limitation, all of the following information:
(1) Any changes within the previous twelve months to the Medicaid rate methodology for disability services and the current Medicaid rates for those services.
(2) The date of the last rebasing of Medicaid rates for intermediate care facilities for people with developmental disabilities and any future dates on which those rates are due to be rebased.
(3) The amount of funding that would be required for an annual adjustment, based on the inflation index, to Medicaid rates for disability services.
(4) The health market basket inflation index used in calculating the amount of funding that would be needed for an annual adjustment of Medicaid rates for disability services.
(5) Any proposed changes to the methodology for determining Medicaid rates for disability services.
B. Upon request of any legislative committee identified in this Section, the secretary of the department or his designee shall appear in person before the committee to present the report required by this Section.
Acts 2019, No. 381, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1250.31. Dental care for certain adults with developmental or intellectual disabilities; Medicaid coverage required

RS 40:1250.31 - Dental care for certain adults with developmental or intellectual disabilities; Medicaid coverage required
NOTE: Paragraph (A)(1) eff. until an Act of the Louisiana Legislature containing a specific appropriation of monies for the implementation of Act 366 of the 2022 Regular Session becomes effective. See Acts 2022, No. 366.
A.(1) The Louisiana Department of Health shall ensure that comprehensive Medicaid coverage for dental care is provided to each person of age twenty-one or older who is enrolled in any Medicaid waiver program for persons with developmental or intellectual disabilities.
NOTE: Paragraph (A)(1) eff. upon an Act of the Louisiana Legislature containing a specific appropriation of monies for the implementation of Act 366 of the 2022 Regular Session becomes effective. See Acts 2022, No. 366.
A.(1) The Louisiana Department of Health shall ensure that comprehensive Medicaid coverage for dental care is provided to all of the following persons:
(a) Each person of age twenty-one or older who is enrolled in any Medicaid waiver program for persons with developmental or intellectual disabilities.
(b) Each Medicaid enrollee of age twenty-one or older who resides in an intermediate care facility for people with developmental disabilities licensed in accordance with the provisions of R.S. 40:2180 et seq.
(2) For purposes of this Section, "comprehensive Medicaid coverage for dental care" means Medicaid coverage which reimburses for dental and oral health services including all of the following:
(a) Diagnostic services.
(b) Preventive services.
(c) Restorative services.
(d) Endodontics.
(e) Periodontics.
(f) Prosthodontics.
(g) Oral and maxillofacial surgery.
(h) Orthodontics.
(i) Emergency care.
B. The Louisiana Department of Health shall not furnish any coverage required by Subsection A of this Section until all of the following have occurred:
(1) The Centers for Medicare and Medicaid Services has approved the provision of such coverage.
(2) The legislature has appropriated the funding necessary for the provision of such coverage.
Acts 2021, No. 450, §1; Acts 2022, No. 366, §1, see Act.
NOTE: The La. Dept. of Health shall take all such actions as are necessary to make the coverage required by the provisions of Section 1 of Acts 2021, No. 450, available to all persons eligible for such coverage on or before July 1, 2022.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1250.32. Administrative rulemaking

RS 40:1250.32 - Administrative rulemaking
The Louisiana Department of Health shall promulgate all such rules in accordance with the Administrative Procedure Act as are necessary to implement the provisions of this Part.
Acts 2021, No. 450, §1.
NOTE: The La. Dept. of Health shall take all such actions as are necessary to make the coverage required by the provisions of Section 1 of Acts 2021, No. 450, available to all persons eligible for such coverage on or before July 1, 2022.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1251. Redesignated to R.S. 40:1287.1 by HCR 84 of 2015 R.S.

RS 40:1251 - Redesignated to R.S. 40:1287.1 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1251.1. Title

RS 40:1251.1 - Title
This Part may be referred to as the Louisiana Medicaid Buy-In Program for Persons with Disabilities Act.
Acts 2003, No. 207, §1; Redesignated from R.S. 40:1299.78 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1251.2. Purpose

RS 40:1251.2 - Purpose
A. The purpose of this Part is to provide for a Medicaid Buy-In Program for persons with disabilities in Louisiana. This program is intended to help working people with disabilities live above the poverty level by providing needed health care coverage. This program is also intended to enable some recipients of Supplemental Security Disability Insurance benefits to return to work and to receive Medicaid as a supplement to private or Medicare insurance.
B. This program is intended to help persons with severe mental illnesses who can work if they are on medication and those with severe physical disabilities who need medical supports in order to work.
Acts 2003, No. 207, §1; Redesignated from R.S. 40:1299.78.1 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1251.3. Ticket to Work and Work Incentives Improvement Act Opportunities

RS 40:1251.3 - Ticket to Work and Work Incentives Improvement Act Opportunities
In accordance with the authority granted the Louisiana Department of Health pursuant to R.S. 36:254(A)(6) and (D)(1)(a)(i) and pursuant to the restrictions contained in this Part, the department shall avail itself of the provisions of the Ticket to Work and Work Incentives Improvement Act provisions to implement a buy-in program for the working persons with disabilities.
Acts 2003, No. 207, §1; Redesignated from R.S. 40:1299.78.2 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1251.4. Definitions

RS 40:1251.4 - Definitions
As used in this Part, the following terms shall have the following meanings:
(1) "Medicaid Buy-In Program" means the Louisiana Medicaid Optional program to provide the opportunity for working persons with disabilities to buy access to needed health care and support services.
(2) "Persons with disabilities" means those citizens of Louisiana who meet the Social Security Disability criteria.
Acts 2003, No. 207, §1; Redesignated from R.S. 40:1299.78.3 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1251.5. Buy-In Program Appropriations

RS 40:1251.5 - Buy-In Program Appropriations
The provisions of this Part shall not be implemented by the department unless funding and performance standards, including a specified target for enrollment, are included in the General Appropriation Act;1 enacted during the 2003 Regular Session of the Legislature. If included in that Act, the Medicaid Buy-In Program for Persons with Disabilities shall be implemented by the department no later than January, 2004.
Acts 2003, No. 207, §1; Redesignated from R.S. 40:1299.78.4 by HCR 84 of 2015 R.S.
1Acts 2003, No.14
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1251.6. Provisions

RS 40:1251.6 - Provisions
A. The Louisiana Department of Health shall promulgate regulations governing the following:
(1) Procedures for application, application forms, and eligibility criteria for persons with disabilities to obtain coverage.
(2) A sliding scale for the buy-in amounts to be paid by working persons with disabilities to maintain Medicaid coverage, while working.
(3) A plan to publicize the eligibility criteria and where applications may be obtained.
(4) Any standards or procedures necessary to properly implement a buy-in program for persons with disabilities.
B. The provisions of this Part shall not prohibit the department from exercising any and all authorities and responsibilities granted to the department under the Medical Assistance Program (Title XIX of the Social Security Act) in the event such authorities and responsibilities are concurrent with the provisions of this Part.
C. Any rules or regulations adopted under the provisions of this Part shall be promulgated under the Administrative Procedure Act. Any rules or regulations shall be subject to review by the House Committee on Health and Welfare and the Senate Committee on Health and Welfare.
D. Beginning January 1, 2004, and semiannually thereafter and not later than sixty days prior to the beginning of the regular session of the legislature, the department shall submit the following information to the Joint Legislative Committee on the Budget and to the Senate Committee on Health and Welfare and the House Committee on Health and Welfare:
(1) Status of the buy-in program, including the number of enrollees, the estimated cost of the program, and any other information the department deems pertinent to this buy-in program.
(2) A report relative to the estimated value of the state, federal and FICA taxes paid by the participants in the buy-in program.
(3) Any recommendations for expanding coverage in the buy-in program or any other recommendations relative to the requirements of this Part.
Acts 2003, No. 207, §1; Acts 2014, No. 811, §22, eff. June 23, 2014; Redesignated from R.S. 40:1299.78.5 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1253.4. Louisiana Department of Health information

RS 40:1253.4 - Louisiana Department of Health information
A. The Louisiana Department of Health shall make available to the public all informational bulletins, health plan advisories, and guidance published by the department concerning the Louisiana Medicaid managed care program. The department shall publish and make such information available to the public on its website.
B. Prior to August 1, 2015, every managed care organization contracted with the state to provide Medicaid-covered healthcare services to Medicaid enrollees shall report to the department the uniform resource locator of a webpage which contains a publicly accessible copy of all practice guidelines utilized by each managed care organization which are required to be made available to healthcare providers pursuant to 42 CFR 438.236(c). The department shall place and maintain publicly accessible web links to each of these respective webpages upon its website.
Acts 2013, No. 212, §1; Redesignated from R.S. 40:1300.364 by HCR 84 of 2015 R.S.; Acts 2015, No. 158, §1, eff. June 23, 2015; Acts 2017, No. 349, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1253.5. Medicaid state plan amendments

RS 40:1253.5 - Medicaid state plan amendments
The Louisiana Department of Health shall make available to the public on the department's website all Medicaid state plan amendments and any related correspondence within twenty-four hours of submission to the Centers for Medicare and Medicaid Services. All formal responses by the Centers for Medicare and Medicaid Services regarding any state plan amendment shall be made available to the public on the department's website within twenty-four hours of receipt of the correspondence by the department.
Acts 2013, No. 212, §1; Redesignated from R.S. 40:1300.365 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1255.1. Definitions

RS 40:1255.1 - Definitions
As used in this Part, the following terms have the meaning ascribed to them in this Section:
(1) "Department" means the Louisiana Department of Health.
(2) "Medicaid" means the medical assistance program provided for in Title XIX of the Social Security Act.
(3) "Medicare" means the federal health insurance program provided for in Title XVIII of the Social Security Act.
(4) "Telehealth" has the meaning ascribed in R.S. 40:1223.3.
Acts 2020, No. 88, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1255.2. Telehealth services; alignment of reimbursement with Medicare policy

RS 40:1255.2 - Telehealth services; alignment of reimbursement with Medicare policy
A. The department shall periodically review policies regarding Medicaid reimbursement for telehealth services to identify variations between permissible reimbursement under that program and reimbursement available to healthcare providers under the Medicare program.
B. To the extent practicable, notwithstanding any other law to the contrary, after conducting a review provided for in Subsection A of this Section, the department may modify its administrative rules, policies, and procedures applicable to Medicaid reimbursement for telehealth services as necessary to provide for a reimbursement system that is comparable to that of the Medicare program for those services.
Acts 2020, No. 88, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1257.1. Definitions

RS 40:1257.1 - Definitions
As used in this Part, the following terms have the meaning ascribed in this Section:
(1) "Department" means the Louisiana Department of Health.
(2) "Healthcare provider" means a person, partnership, limited liability partnership, limited liability company, corporation, facility, or institution that provides healthcare or professional services to individuals enrolled in the Medicaid program.
(3) "Medicaid" means the medical assistance program provided for in Title XIX of the Social Security Act.
(4) "Nonemergency medical transportation" and "NEMT" mean transportation provided to a Medicaid beneficiary to or from a medically necessary Medicaid-covered service. The term shall not include any nonemergency or other type of transportation by ambulance.
Acts 2022, No. 638, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1257.2. Nonemergency medical transportation services

RS 40:1257.2 - Nonemergency medical transportation services
A. The Medicaid program of this state shall include nonemergency medical transportation services, referred to hereafter in this Part as "NEMT services". The purpose of NEMT services shall be to provide nonemergency medical transportation to a Medicaid beneficiary after all other reasonable means of free transportation for that person have been explored and found to be unavailable. The Medicaid beneficiary or his representative shall confirm that the beneficiary has no other means of transportation.
B. Nonemergency medical transportation to or from a pharmacy, a nursing facility, hospice care, or an appointment for Special Supplemental Nutrition Program for Women, Infants, and Children services at an office of public health location is prohibited.
Acts 2022, No. 638, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1257.3. Standards for services; prohibition

RS 40:1257.3 - Standards for services; prohibition
No healthcare provider shall contract with or hire a transportation company to provide NEMT services if that company does not meet local, city, and state requirements to provide nonemergency medical transportation as defined in this Part and in administrative rules of the department.
Acts 2022, No. 638, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1258.1. Definitions

RS 40:1258.1 - Definitions
As used in this Part, the following terms have the meanings ascribed to them in this Section:
(1) "Chimeric antigen receptor (CAR) T-cell therapy" means a treatment that is designed to manipulate T-cell protein to recognize an antigen on targeted tumor cells in an effort to eliminate cancer.
(2) "Healthcare facility" has the same meaning as the term is defined in R.S. 40:2120.13.
Acts 2023, No. 294, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1258.2. Medicaid coverage; enrollment qualifications; duties

RS 40:1258.2 - Medicaid coverage; enrollment qualifications; duties
A. The Louisiana Medicaid program shall cover inpatient and, if deemed appropriate, outpatient coverage of CAR T-cell therapy when such therapy is approved by the United States Food and Drug Administration, used for a medically accepted indication, and administered in any healthcare facility appropriately providing CAR T-cell therapy in accordance with state and federal guidelines or certifications.
B. Any healthcare facility appropriately providing CAR T-cell therapy in accordance with state and federal guidelines or certifications that participates in the Louisiana Medicaid program shall provide CAR T-cell therapy to an individual who is eligible for such enrollment as defined in Subsection C of this Section.
C.(1) In order to receive coverage from the Louisiana Medicaid program for CAR T-cell therapy, the eligibility of a prospective enrollee shall be determined by the healthcare facility appropriately providing CAR T-cell therapy in accordance with state and federal guidelines or certifications as provided in Subsection B of this Section.
(2) A prospective enrollee shall be considered eligible for CAR T-cell therapy enrollment if the individual satisfies all of the following qualifications:
(a) The individual is enrolled in the Louisiana Medicaid program.
(b) A licensed healthcare provider has certified that CAR T-cell therapy is medically necessary and appropriate to treat the individual's condition.
(c) The CAR T-cell therapy is administered in any healthcare facility appropriately providing CAR T-cell therapy in accordance with state and federal guidelines or certifications.
D. Pursuant to this Section, the secretary of the Louisiana Department of Health shall do all of the following:
(1) Submit to the Centers for Medicare and Medicaid Services all necessary state plan amendments.
(2) Promulgate all necessary rules and regulations in accordance with the Administrative Procedure Act.
(3) Promulgate rules as necessary to regulate and provide payment to healthcare providers for high cost pharmaceutical carve-outs in accordance with the provisions of this Part.
(4) Take any other actions necessary to implement the provisions of this Section.
Acts 2023, No. 294, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1261. Health report card

RS 40:1261 - Health report card
A.(1) The Louisiana Department of Health shall annually prepare a health report card indicating the overall state of health in Louisiana concerning but not limited to the following issues:
(a) Health findings of major diseases.
(b) Teenage pregnancy and birth rates.
(c) Rates of low birth-weight babies.
(d) Suicide rates.
(e) Sexually transmitted diseases.
(f) Incidence of drug addictions.
(g) Violent deaths.
(h) Morbidity rates.
(i) Health assessment programs and results.
(j) Results of preventive health outreach programs.
(k) An assessment of the state healthcare delivery system.
(2) The report shall include information on each parish and the state as a whole and a comparison of that data with data from other states and from prior years, and, if available, variations and changes according to different segments of the state's population.
(3) Any benefits plan that contracts with the state to provide or coordinate the provision of healthcare services to a Medicaid recipient or other person whose enrollment costs are paid wholly or in part by the state under a Medicaid waiver shall submit a report card indicating the overall health of those enrollees whose costs are paid wholly or in part by the state concerning but not limited to the issues delineated in Paragraph (1) of this Subsection. Such report card shall be prepared and submitted in accordance with guidelines established by the department and shall be included in the written report described in Subsection C of this Section.
B. The department may conduct hearings and call upon other state agencies, boards, commissions, and departments to assist in the furnishing, compiling, and analyzing of the data required to prepare the report.
C. The department shall submit the written report to the governor, and to each member of the legislature, at least sixty days prior to each regular session, together with recommendations for improving the overall health status on each issue.
D. The department shall promulgate rules and regulations, in accordance with the Administrative Procedure Act, to implement this Section.
Acts 1995, No. 445, §1; Acts 1995, No. 985, §1; Redesignated from R.S. 40:1300.71 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
NOTE: Former R.S. 40:1261 redesignated to R.S. 40:1293.1 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1262. Health equity; duties of the Louisiana Department of Health

RS 40:1262 - Health equity; duties of the Louisiana Department of Health
A. The Louisiana Department of Health, in addition to the other powers and duties conferred upon it by law, shall serve as a foundation and resource for addressing health care disparities for women and vulnerable populations, and contribute to the improvement of the health of Louisiana's citizens. Specific to the improvement in the health of women in Louisiana, the Louisiana Department of Health shall be responsible for leading, consolidating, and coordinating efforts across the state geared toward improving women's health outcomes through policy, education, evidence-based practices, programs, and services.
B. As part of carrying out the duties provided for in Subsection A of this Section, the Louisiana Department of Health shall engage in all of the following activities:
(1) Complete a thorough assessment of all activities engaged in or services provided by the department that may specifically impact the health or quality of life of women. The department shall submit this assessment to the House Committee on Health and Welfare and Senate Committee on Health and Welfare no later than February 15, 2022.
(2) Make available to health care professionals the best practices and protocols for treating communities with underlying medical conditions and health disparities by doing all of the following:
(a) Examining opportunities which provide greater access to high-quality medical care and improve health outcomes.
(b) Performing a comprehensive evidence-based analysis of the determinants of health equity that influence racial health disparities.
(c) Performing a comprehensive evidence-based analysis of interventions that positively impact health equity and address disparities.
(d) Performing a comprehensive examination of the population dynamics that are indicative of health equity and disparities.
(e) Promoting health awareness educational media campaigns.
C. To assist in carrying out its duties pursuant to this Section, the Louisiana Department of Health may analyze any other relevant data which will add to the work of the department, seek input from any interested parties including but not limited to licensed health care professionals, advocates, and concerned citizens, pursue any relevant topics including policies and laws that impact health disparities, and promote community outreach and extension activities.
Acts 2021, No. 210, §1, eff. June 11, 2021.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1263. Redesignated to R.S. 40:1293.3 by HCR 84 of 2015 R.S.

RS 40:1263 - Redesignated to R.S. 40:1293.3 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1263.1. Definitions

RS 40:1263.1 - Definitions
As used in this Part:
(1) "Office" shall mean the office of the secretary in the Louisiana Department of Health.
(2) "Secretary" shall mean the secretary of the Louisiana Department of Health, or his designated representative.
Acts 1984, No. 849, §1; Acts 1992, No. 206, §1; Redesignated from R.S. 40:1299.121 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1263.2. Louisiana Organ Transplant Assistance Program

RS 40:1263.2 - Louisiana Organ Transplant Assistance Program
The secretary of the Louisiana Department of Health shall establish in the office of the secretary a Louisiana Organ Transplant Assistance Program.
Acts 1984, No. 849, §1; Acts 1992, No. 206, §1; Redesignated from R.S. 40:1299.122 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1263.3. Powers and duties

RS 40:1263.3 - Powers and duties
The secretary shall:
(1) Assist Louisiana residents in obtaining financial assistance or other grants to assist in paying for organ transplantation operations on Louisiana residents.
(2) Establish and promulgate rules and regulations, in accordance with the Administrative Procedure Act, for determining eligibility to the program and the amount of assistance.
(3) Accept on behalf of the state any federal funds to assist in carrying out the provisions of this Part.
(4) Accept on behalf of the state funds from any private source to assist in carrying out the provisions of this Part.
(5)(a) Educate residents of the state about:
(i) The need for bone marrow donors.
(ii) The procedures required to become registered as a potential bone marrow donor, including the procedures for determining the person's tissue type.
(iii) The medical procedures a donor must undergo to donate bone marrow or other sources of blood stem cells and the attendant risks of the procedure.
(b) Make special efforts to educate and recruit minority populations to volunteer as potential bone marrow donors. Means of communication may include the use of the press, radio, and television, and placement of educational materials in appropriate health care facilities, blood banks, and state and local agencies. The secretary, in conjunction with the secretary of the Department of Public Safety and Corrections, shall make educational materials available at all places where drivers' licenses are issued or renewed.
Acts 1984, No. 849, §1; Acts 1992, No. 206, §1; Redesignated from R.S. 40:1299.123 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1263.4. Definitions; paid marrow donor leave; prohibition of employer sanctions; relationship to other leave

RS 40:1263.4 - Definitions; paid marrow donor leave; prohibition of employer sanctions; relationship to other leave
A. As used in this Section, the following definitions shall apply:
(1) "Employee" means a person who performs services for hire for an employer, for an average of twenty or more hours per week, and includes all individuals employed at any site owned or operated by an employer. Employee does not include an independent contractor.
(2) "Employer" means a person or entity that employs twenty or more employees at at least one site and includes an individual, corporation, partnership, association, nonprofit organization, group of persons, state, parish, town, city, school district, or other governmental subdivision.
B. An employer shall grant paid leaves of absence to an employee who seeks to undergo a medical procedure to donate bone marrow. The combined length of the leaves shall be determined by the employee, but may not exceed forty work hours, unless agreed to by the employer. The employer may require verification by a physician of the purpose and length of each leave requested by the employee to donate bone marrow. If there is a medical determination that the employee does not qualify as a bone marrow donor, the paid leave of absence granted to the employee prior to that medical determination is not forfeited.
C. An employer shall not retaliate against an employee for requesting or obtaining a leave of absence as provided by this Section.
D. This Section does not prevent an employer from providing leave for bone marrow donations in addition to leave allowed under this Section. This Section does not affect an employee's rights with respect to any other employment benefit.
Acts 1992, No. 206, §1; Redesignated from R.S. 40:1299.124 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1265.1. Public markets; location, inspection, and operation; exemptions; market zones

RS 40:1265.1 - Public markets; location, inspection, and operation; exemptions; market zones
A.(1) Municipal corporations may regulate the location, inspection, and operation of all public markets, subject to the superior right of inspection and regulation of the Louisiana Department of Health.
(2) Permanent open-air public market buildings built prior to 1950 which are designated as historic and located in the city of New Orleans shall be exempt from LAC 51:XXIII.1501, 1701, and 3505(A). The lessor shall develop food service operational guidelines after consultation and periodic review with the Louisiana Department of Health. Such food service operational guidelines shall be incorporated into the lease agreements with lessees who operate food service establishments in the exempted area. The lessor shall enforce such food service operational guidelines through leases with their lessees.
B. They may fix market zones around public markets. However, these market zones shall be limited to a radius of three thousand feet walking distance of the public market and shall not apply within a radius of three hundred lineal feet from the center of all public railroad passenger depots.
Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2006, No. 397, §1; Acts 2011, 1st Ex. Sess., No. 12, §1, eff. June 12, 2011; Redesignated from R.S. 40:1241 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1265.2. Private markets; inspection and operation

RS 40:1265.2 - Private markets; inspection and operation
The Louisiana Department of Health shall regulate the inspection and operation of all private markets outside of the market zones. It shall provide general regulations for the operation of these private markets, including rules affecting their cleanliness and the wholesomeness of the goods offered for sale therein.
Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Redesignated from R.S. 40:1242 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1267.1. Poison control center; establishment

RS 40:1267.1 - Poison control center; establishment
The Louisiana Department of Health shall provide for the establishment of a statewide poison control center at the University of Louisiana at Monroe. The university may cooperate with public and private agencies and health care institutions in the operation of the center. The center shall include operation of a statewide toll-free telephone number.
Acts 1991, No. 297, §1; Redesignated from R.S. 40:1296 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1269.1. Citation of Part

RS 40:1269.1 - Citation of Part
The provisions of this Part may be cited as the Rabies Control Law.
Added by Acts 1954, No. 663, §1; Redesignated from R.S. 40:1275 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1269.2. Definitions

RS 40:1269.2 - Definitions
For the purpose of this Part:
(1) "Dog" means any member of the canine family or species.
(2) "Inoculation" means the injection, subcutaneously or otherwise, of animal anti-rabies vaccine as approved by the Louisiana Department of Health.
(3) "Owner" means any person who keeps in his care or harbors or who has the custody of a dog.
(4) "Local health authority" means any parish or municipal board, officer, department or other agency charged with the responsibility of preserving the public health.
(5) "Rabies" means hydrophobia (madness), the infectious disease of the brain transmitted by specific virus which occurs in saliva.
Added by Acts 1954, No. 663, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Redesignated from R.S. 40:1276 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1269.3. Authority to enact regulations for control of rabies

RS 40:1269.3 - Authority to enact regulations for control of rabies
The Louisiana Department of Health shall enact in the state sanitary code all necessary provisions concerning the requirements for the control of rabies in animals, including the authority of parishes and municipalities to enact local ordinances, the report of incidence of the disease and the enactment of enforcement provisions.
Added by Acts 1954, No. 663, §1. Amended by Acts 1974, No. 601, §1; Acts 1978, No. 786, §5, eff. July 17, 1978; Redesignated from R.S. 40:1277 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1269.4. Penalty

RS 40:1269.4 - Penalty
Whoever violates any provisions of any rule or regulation of the department adopted hereunder, shall be fined not more than one hundred dollars, or imprisoned for not more than thirty days, or both, for each offense.
Added by Acts 1954, No. 663, §1. Amended by Acts 1974, No. 601, §1; Acts 1978, No. 786, §5, eff. July 17, 1978; Redesignated from R.S. 40:1278 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1271.2. Mandatory identification of infected corpses

RS 40:1271.2 - Mandatory identification of infected corpses
A. Each hospital, nursing home, and coroner which requests a funeral director or embalmer to transport a corpse shall notify any such funeral director, embalmer, or a representative thereof whenever there is actual knowledge that the corpse is infected with a contagious disease. The hospital, nursing home, or coroner shall inform the funeral director, embalmer, or representative thereof that the corpse is infected with a contagious disease during the initial telephone communication requesting that the corpse be transported. Further notification shall include a clearly visible, external tag that is readily discernible from other identification markers and a written statement that clearly indicates the name of the contagious disease or causative agent infecting or infesting said corpse. Such notification shall be made in a manner that protects the confidentiality of the deceased and the funeral director or embalmer handling the corpse.
B. The Louisiana Department of Health through the office of public health shall promulgate rules and regulations to provide for the disposition by hospitals, nursing homes, coroners, and other medical personnel of corpses infected with known contagious diseases and to implement the provisions of this Section. Such regulations shall include, at a minimum, a requirement that each hospital, nursing home, and coroner's office establish staff procedures for implementing this law.
C. Whoever violates the provisions of this Section shall be fined not more than five thousand dollars. Violation of the provisions of this Section shall constitute grounds for suspension or revocation of the professional license or certificate of the violator or for other disciplinary action by the respective professional regulatory board.
Acts 1988, No. 668, §1; Redesignated from R.S. 40:1099.1 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1271.3. Infectious disease incidence among school-age children; public health emergencies; reporting of data

RS 40:1271.3 - Infectious disease incidence among school-age children; public health emergencies; reporting of data
During the pendency of any state of public health emergency declared in accordance with R.S. 29:766 and relating to one or more infectious diseases, the Louisiana Department of Health, office of public health shall publish, on a publicly accessible website, a report updated not less than weekly, which provides the total number of children between the ages of five and seventeen years in this state known to have been infected with each disease addressed by the public health emergency declaration.
Acts 2020, 2nd Ex. Sess., No. 20, §1, eff. Oct. 28, 2020.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1275. Redesignated to R.S. 40:1269.1 by HCR 84 of 2015 R.S.

RS 40:1275 - Redesignated to R.S. 40:1269.1 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1275.1. Statement of purpose

RS 40:1275.1 - Statement of purpose
The legislature hereby declares that severe head injuries represent one of the greatest public health problems in the United States because of the frequency and potential for causing lifelong disability. The legislature further recognizes that such injuries are not randomly occurring events and traditional public health approaches to preventing diseases may be applied successfully to preventing injuries as well. Recognizing that a rational approach toward preventing serious public health problems cannot be accomplished without data to document and monitor their occurrence, the legislature hereby provides for the establishment of systematic data collection on severe head injuries by instituting a mandatory reporting requirement for severe head injuries.
Acts 1995, No. 350, §1, eff. June 16, 1995; Redesignated from R.S. 40:1299.171 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1275.2. Definitions

RS 40:1275.2 - Definitions
For purposes of this Part, the following definitions shall apply:
(1) "Department" means the Louisiana Department of Health.
(2) "Office" means the office of public health, Louisiana Department of Health.
(3) "Severe head injury" means acute traumatic injury to the central nervous system within the skull which is serious enough to cause significant long-term functional impairment.
Acts 1995, No. 350, §1, eff. June 16, 1995; Redesignated from R.S. 40:1299.172 by HCR 84 of 2015 R.S.