reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1207.2. Medical and Allied Health Professional Education Scholarship and Loan Fund

RS 40:1207.2 - Medical and Allied Health Professional Education Scholarship and Loan Fund
A. There is hereby created, as a special fund in the state treasury, the Medical and Allied Health Professional Education Scholarship and Loan Fund, hereinafter sometimes referred to as "the fund". The Louisiana Department of Health shall deposit into the state treasury on a quarterly basis at least twenty-five percent of all monies, not to exceed two hundred thousand dollars in any fiscal year, retained by the Louisiana Department of Health from local intergovernmental transfers which are transferred for the purpose of making supplemental payments to physicians.
B.(1) Notwithstanding any other provision of law, after compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, and after a sufficient amount is allocated from that fund to pay all of the obligations secured by the full faith and credit of the state which become due and payable within any fiscal year, the treasurer shall deposit into the fund those monies transferred to the treasurer from the Louisiana Department of Health which were generated by the Louisiana Department of Health through the use of any Medicaid upper payment limit financing mechanism created or maintained for physicians.
(2) The monies in this fund shall be used solely for the provision of the Medical and Allied Health Professional Education and Loan Scholarship Program as provided for by this Part and only in the amounts appropriated by the legislature. All unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund. The monies in the fund shall be invested by the state treasurer in the same manner as monies in the state general fund, and interest earned on the investment of these monies shall be credited to the fund following compliance with the requirements of Article VII, Section 9(B) relative to the Bond Security and Redemption Fund.
Acts 2011, No. 150, §1, eff. June 24, 2011; Redesignated from R.S. 40:1300.8.2 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1211.1. Screening mammography permitted

RS 40:1211.1 - Screening mammography permitted
A. Notwithstanding any provision of law to the contrary, including but not limited to R.S. 37:3213 and R.S. 37:3219, any person who may legally perform a mammography in this state may perform a screening mammography without the direction by prescription of a licensed practitioner.
B. A facility offering screening mammography may request a referral for a screening mammogram from a physician licensed to practice medicine by the Louisiana State Board of Medical Examiners.
Acts 2001, No. 1116, §2; Redesignated from R.S. 40:1300.181 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1211.2. Notification of results

RS 40:1211.2 - Notification of results
A. Each patient shall be given the opportunity to name a physician to receive the results of any screening mammogram performed without the direction by prescription of a licensed practitioner.
B. The report of results mailed to the patient and to any physician named pursuant to Subsection A of this Section shall clearly state whether the need for any follow-up care is indicated by the mammogram.
Acts 2001, No. 1116, §2; Redesignated from R.S. 40:1300.182 by HCR 84 of 2015 R.S.; Acts 2015, No. 378, §1, eff. Jan. 1, 2016.
NOTE: See Acts 2015, No. 378, §2(B), which provides that the Act shall be known as the "Monica Landry Helo Early Detection Act".
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1211.3. Notice concerning supplemental screening

RS 40:1211.3 - Notice concerning supplemental screening
A. Upon completion of any screening mammogram, regardless of whether the mammogram was directed by prescription of a licensed practitioner, each mammography facility certified by the United States Food and Drug Administration or by a certification agency approved by the United States Food and Drug Administration shall mail to the patient, in addition to any letter or report required by 21 CFR Part 900, the following notice in conspicuous and legible type which is not smaller than twelve-point font:
"If your mammogram demonstrates that you have dense breast tissue, which could hide abnormalities, and you have other risk factors for breast cancer that have been identified, you might benefit from supplemental screening tests that may be suggested by your ordering physician.
Dense breast tissue, in and of itself, is a relatively common condition. Therefore, this information is not provided to cause undue concern, but rather to raise your awareness and to promote discussion with your physician regarding the presence of other risk factors, in addition to dense breast tissue.
A summary of your mammography results will be sent to you, and a full mammography report will be sent to your physician and also to you. You should contact your physician if you have any questions or concerns regarding your summary or report of results."
B. The notice provided for in this Section may be transmitted to the patient by either regular mail or certified mail via the United States Postal Service, or by any other commercial mail delivery service.
C. Notwithstanding any other law, compliance with this Section does not create a cause of action or create a standard of care, obligation, or duty that provides a basis for a cause of action.
D. The information required by this Section or evidence that a person violated this Section shall not be admissible in a civil, judicial, or administrative proceeding.
Acts 2015, No. 378, §§1, 3, eff. Jan. 1, 2016.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1211.4. Mammography and ultrasound reports; transmittal to patients required

RS 40:1211.4 - Mammography and ultrasound reports; transmittal to patients required
A. Each mammography facility certified by the United States Food and Drug Administration or by a certification agency approved by the United States Food and Drug Administration and every healthcare facility that performs breast ultrasound examinations shall transmit to each mammography and ultrasound patient the following, as appropriate to the procedure performed:
(1) A copy of the patient's mammography report, as defined in 21 CFR 900.12(c), issued by the facility to the patient's referring physician.
(2) A copy of the patient's full narrative radiology report of ultrasound findings.
B.(1) Each healthcare facility subject to the requirements of this Section shall transmit the mammography and ultrasound reports specified in Subsection A of this Section to patients within the time frame prescribed in 21 CFR 900.12(c) for communication of mammography results to healthcare providers.
(2) A healthcare facility subject to the requirements of this Section may transmit mammography and ultrasound reports to patients in any manner that comports with the provisions of 45 CFR Part 164 relative to security and privacy of health information.
C. In addition to providing reports to patients in accordance with Subsection A of this Section, a healthcare facility may provide such reports electronically through an electronic patient portal that meets applicable standards provided in federal law and regulation.
Acts 2015, No. 378, §§1, 3, eff. Jan. 1, 2016; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1211.5. Limitation of liability

RS 40:1211.5 - Limitation of liability
A. Any liability or responsibility for any subsequent or follow-up care and treatment of an individual who receives a screening mammogram pursuant to R.S. 40:1211.2 on the part of the performer of that screening mammogram or any physician performing an assessment of a screening mammogram shall cease upon delivery of the results or report of such screening mammogram to the screened or tested individual and to any physician named by the patient to receive such results. These results shall be sent by certified mail, return receipt requested, and shall comply with the reporting requirements for mammography results in the federal Mammography Quality Standards Act, 42 U.S.C. 263b, and any regulations promulgated pursuant thereto, including 21 CFR 900.1 et seq.
B. The liability of a supervising licensed practitioner for follow-up of patients following a screening mammogram shall be limited to informing the patient and a designated physician in accordance with the guidelines issued under the Mammography Quality Standards Act, 42 U.S.C. 263b, and any regulations promulgated pursuant thereto, including 21 CFR 900.1 et seq.
Acts 2001, No. 1116, §2; Redesignated from R.S. 40:1300.183 by HCR 84 of 2015 R.S.; Acts 2015, No. 378, §1, eff. Jan. 1, 2016.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1213.1. Purpose

RS 40:1213.1 - Purpose
It is a public policy of the state to promote the health, welfare, and safety of the people of this state by attempting to ensure high standards for cholesterol screening by mobile cholesterol screening units.
Acts 1991, No. 411, §1; Redesignated from R.S. 40:1299.191 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1213.2. Definitions

RS 40:1213.2 - Definitions
As used in this Part:
(1) "Cholesterol screening" means determining the cholesterol level present in a person's blood by analyzing a drop of blood taken from him by means of a fingerstick sample.
(2) "Department" means the Louisiana Department of Health.
(3) "Fingerstick sample" means a quantity of blood taken from a person by sticking his finger with a needle or lancet.
(4) "Mobile cholesterol screening unit" means a unit or operation that travels from one location to another and provides cholesterol screening services to the public without the necessity of a referral from a licensed physician.
(5) "Secretary" means the secretary of the Louisiana Department of Health.
Acts 1991, No. 411, §1; Redesignated from R.S. 40:1299.192 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1213.3. Cholesterol screening by mobile cholesterol screening units; standards

RS 40:1213.3 - Cholesterol screening by mobile cholesterol screening units; standards
All mobile cholesterol screening units providing cholesterol screening services to the public shall meet the following standards:
(1) The cholesterol screening services shall be organized and provided under the general supervision of a licensed clinical laboratory or a licensed physician who is qualified, by education and training, to conduct and interpret the results of the tests offered, and who is knowledgeable regarding quality control, calibration of the instrument, and proper maintenance of the equipment. The physician may be employed or serve as a consultant to the unit.
(2) Systems and instruments used for the testing shall be properly calibrated and periodically checked for calibration by a person qualified and trained to do so.
(3) The testing shall be performed only by personnel properly qualified, by education and training, in the drawing of blood samples, proper sterile techniques, and the correct operation of the testing instruments.
(4)(a) No person administering the tests shall attempt to interpret the clinical significance of the test results, render or express a medical diagnosis, or in any way suggest the necessity or appropriateness or lack of necessity or appropriateness of any form of treatment.
(b) The provisions of this Paragraph shall not apply to a licensed physician or other qualified health care professional.
(5) Persons tested shall be advised of the necessity of appropriate follow-up with a medical professional should the screening test warrant such, as outlined in the national cholesterol screening program guidelines or equal standards.
Acts 1991, No. 411, §1; Redesignated from R.S. 40:1299.193 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1213.4. Penalty

RS 40:1213.4 - Penalty
Whoever violates the provisions of the Part shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than five hundred dollars, imprisoned for not more than six months, or both. For each subsequent offense, the violator shall be fined not more than one thousand dollars, imprisoned not more than one year, or both.
Acts 1991, No. 411, §1; Redesignated from R.S. 40:1299.194 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1213.5. Rules and regulations

RS 40:1213.5 - Rules and regulations
The secretary of the department shall adopt and promulgate rules and regulations necessary to carry out the provisions of this Part in accordance with the Administrative Procedure Act.
Acts 1991, No. 411, §1; Redesignated from R.S. 40:1299.195 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1217.1. Short title

RS 40:1217.1 - Short title
This Part shall be known and may be cited as the "Louisiana Kidney Health Care Law".
Acts 1995, No. 951, §1; Redesignated from R.S. 40:1300.81 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1217.2. Finding; statement of purpose

RS 40:1217.2 - Finding; statement of purpose
A. The legislature finds that one of the most serious and tragic problems facing the public health and welfare today is the death of hundreds of people in this state each year from chronic kidney disease when the present state of medical art and technology could return many of these people to a socially productive life. Many of these people may die due to lack of personal financial resources to pay for the expensive equipment and care necessary for survival.
B. The legislature recognizes a responsibility to allow its citizens to remain healthy without being pauperized and a responsibility to use the resources and organizations of the state to gather and disseminate information on the prevention and treatment of chronic kidney disease.
C. The legislature further finds that a comprehensive program to combat chronic kidney disease must be implemented through the combined and correlated efforts of individuals, state and local governments, persons in the field of medicine, universities, and nonprofit organizations. Therefore, it is the purpose of this Part to provide a comprehensive and coordinated approach to direct the use of resources and care and treatment of chronic kidney disease.
Acts 1995, No. 951, §1; Redesignated from R.S. 40:1300.82 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1217.3. Definitions

RS 40:1217.3 - Definitions
For the purpose of this Part, the following terms shall have the following meanings unless the context clearly indicates otherwise:
(1) "Adjusted gross income" means adjusted gross income as provided by the federal income tax return.
(2) "Chancellor" means the chancellor of the Louisiana State University Health Sciences Center at Shreveport.
(3) "Medical center" means the Louisiana State University Health Sciences Center at Shreveport.
(4) "Other benefit" means a benefit, other than one provided under this Part, to which a person is entitled for payment of the costs of medical care and treatment, services, pharmaceutical, transportation, and supplies including benefits available from any of the following:
(a) An insurance policy, group health plan, or prepaid medical.
(b) Title XVIII or Title XIX of the Social Security Act (42 U.S.C. Sections 1395 et seq. and 1396 et seq.).
(c) The United States Department of Veterans Affairs.
(d) The Civilian Health and Medical Program of the Uniformed Services.
(e) Workers' compensation or other compulsory employer's insurance program.
(f) A public program created by federal or state law or an ordinance or rule of a municipality or other political subdivision of the state, excluding benefits created by the establishment of a municipal or parish hospital, a joint municipal-parish hospital, a parish hospital authority, or a hospital service district.
(g) A cause of action for medical expenses brought by an applicant for or recipient of services from the department, or a settlement or judgment based on the cause of action, if the expenses are related to the need for services provided under this Part.
Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Acts 1999, No. 802, §5, eff. July 2, 1999; Redesignated from R.S. 40:1300.83 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1217.4. Louisiana Kidney Health Care Program; creation; eligibility

RS 40:1217.4 - Louisiana Kidney Health Care Program; creation; eligibility
A. The chancellor of the Louisiana State University Health Sciences Center at Shreveport shall establish the Louisiana Kidney Health Care Program through the health sciences center.
B. The health sciences center, by rule, shall establish the terms, conditions, and criteria, including medical and financial criteria, for eligibility to participate in the program. However, eligibility shall be limited to residents of the state who meet, at a minimum, all of the following criteria:
(1) Require care and treatment for chronic kidney disease.
(2) Do not qualify for or receive other benefits.
(3) Have an adjusted gross income of less than:
(a) Seventy-five thousand dollars annually if filing a joint return.
(b) Sixty thousand dollars annually if filing a single return.
(c) Fifty thousand dollars annually if married and filing a separate return.
(4) Meet all medical criteria as determined by the health sciences center.
Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Acts 1999, No. 802, §5, eff. July 2, 1999; Acts 1999, No. 820, §1, eff. July 2, 1999; Redesignated from R.S. 40:1300.84 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1217.5. Services

RS 40:1217.5 - Services
A. The medical center shall provide kidney health care services directly or through public or private resources to persons determined to be eligible for services authorized by this Part.
B. The medical center may cooperate with other departments, agencies, political subdivisions, and public and private institutions to provide services to eligible persons, to study the public health and welfare needs involved, and to plan, establish, develop, and provide programs or facilities and services that are necessary or desirable, including any that are jointly administered with state agencies.
C. The medical center may conduct research and compile statistics relating to the provision of kidney care services and the need for the services by persons with disabilities.
D. The medical center may contract with schools, hospitals, corporations, agencies, and individuals, including doctors, nurses, and technicians, for training, physical restoration, transportation, and other services necessary to treat and care for persons with kidney disease.
Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Acts 2014, No. 811, §22, eff. June 23, 2014; Redesignated from R.S. 40:1300.85 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1217.6. Facilities

RS 40:1217.6 - Facilities
A. The medical center may establish and maintain standards for the accreditation of all facilities designed or intended to deliver care or treatment for persons with chronic kidney disease.
B. The medical center may conduct surveys of existing facilities in the state that diagnose, evaluate, and treat persons with kidney disease and may prepare and submit its findings and a specific program of action.
C. The medical center may evaluate the need to create local or regional facilities and to establish a major kidney research center.
Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Redesignated from R.S. 40:1300.86 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1217.7. Selection of service providers

RS 40:1217.7 - Selection of service providers
A. The medical center shall establish criteria and procedures to select service providers to furnish kidney health care services under the program.
B. The medical center shall provide a hearing procedure to resolve any conflicts between the medical center and a service provider.
C. The medical center may not terminate a contract with a service provider while a hearing is pending but may withhold payments while the hearing is pending. If the final determination is in favor of the service provider, the medical center shall pay the withheld payment and resume the contract payments.
D. The provisions of Subsections B and C of this Section shall not apply if a contract:
(1) Is canceled because the services are restricted to conform to budgetary limitations that require the medical center to adopt service priorities regarding types of services to be furnished or classes of eligible individuals.
(2) Expires according to its terms.
Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Redesignated from R.S. 40:1300.87 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1217.8. Denial, modification, suspension, or termination of services; appeal procedure; judicial review

RS 40:1217.8 - Denial, modification, suspension, or termination of services; appeal procedure; judicial review
A. The medical center, for cause, may deny the application of or modify, suspend, or terminate services to an applicant for or recipient of services after notice and opportunity for a hearing.
B. Any person who is aggrieved by a decision of the medical center with regard to a request for the provision of services may appeal such decision within thirty days. Such appeal shall be conducted in accordance with the Administrative Procedure Act and shall be subject to judicial review.
C. The provisions of this Section shall not apply if program services are restricted to conform to budgetary limitations that require the medical center to adopt service priorities regarding types of services to be furnished or classes of eligible persons.
Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Redesignated from R.S. 40:1300.88 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1217.9. Reimbursement

RS 40:1217.9 - Reimbursement
A. No applicant or recipient shall be eligible to receive services provided by this Part to the extent that the applicant or recipient, or another person with a legal obligation to support the applicant or recipient, is eligible for some other benefit that would pay for all or part of the service.
B. When an application for services is made, or at any time while a person is eligible for and receiving services, the applicant or recipient, or the person with a legal obligation to support the applicant or recipient, shall inform the medical center of any other benefit to which the applicant or recipient, or the person with a legal obligation to support the applicant or recipient, may be entitled.
C. A recipient who has received services that are covered by some other benefit, or the person with a legal obligation to support that recipient, shall reimburse the medical center to the extent of the cost of services provided when the other benefit is received.
D. The medical center may waive the provisions of Subsection A of this Section in certain individually considered cases when the enforcement of that provision may deny services to a class of end stage renal disease patients because of conflicting state or federal laws or rules.
Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Redesignated from R.S. 40:1300.89 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1217.10. Recovery of costs

RS 40:1217.10 - Recovery of costs
A. The medical center may recover the costs of services provided by this Part from a person who does not reimburse the medical center as required by R.S. 40:1217.9(C) or from any third party who has a legal obligation to pay other benefits and to whom notice of the medical center's interest has been given.
B. At the request of the chancellor, the medical center may file suit in the appropriate court of Caddo Parish, or any other court of competent jurisdiction, on its behalf.
C. In a judgment rendered in favor of the medical center, the court may award attorney fees, court costs, and interest accruing from the date on which the medical center provided the service to the date on which the medical center is reimbursed.
Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Redesignated from R.S. 40:1300.90 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1217.11. Funding

RS 40:1217.11 - Funding
The medical center may seek and receive monies from any source, including federal funds, grants, and gifts which shall be expended for the purposes designated in this Part.
Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Redesignated from R.S. 40:1300.91 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1217.12. Contracts

RS 40:1217.12 - Contracts
The medical center may enter into contracts and agreements with persons, colleges, universities, associations, corporations, municipalities, and other units of government as necessary to develop and expand kidney health care programs and services.
Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Redesignated from R.S. 40:1300.92 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1217.13. Scientific investigations

RS 40:1217.13 - Scientific investigations
A. The medical center may develop and conduct scientific investigations into the cause, prevention, detection, methods of treatment, and cure of kidney disease, including research in kidney transplantation.
B. The medical center may develop techniques for an effective method of mass testing to detect kidney disease and urinary tract infections.
Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Redesignated from R.S. 40:1300.93 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1217.14. Educational programs

RS 40:1217.14 - Educational programs
A. The medical center may institute, carry on, and supervise educational programs for the public and health providers, including physicians, hospitals, nurses, pharmacists, and other health providers, concerning chronic kidney disease, including prevention and methods of care and treatment.
B. The medical center may use existing public or private programs or groups for the educational programs.
Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Redesignated from R.S. 40:1300.94 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1217.15. Rules and regulations

RS 40:1217.15 - Rules and regulations
The medical center shall adopt and promulgate such rules and regulations as are necessary to carry out the provisions of this Part in accordance with the Administrative Procedure Act.
Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Redesignated from R.S. 40:1300.95 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1217.16. Report

RS 40:1217.16 - Report
The medical center shall prepare and submit an annual report concerning its findings, progress, and activities to the governor, the president of the Senate, the speaker of the House of Representatives, and the chairmen of the House and Senate committees on health and welfare at least sixty days prior to the legislative session and shall report on the state's total need in the area of kidney health care.
Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Redesignated from R.S. 40:1300.96 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1217.17. Implementation

RS 40:1217.17 - Implementation
The medical center shall implement the provisions of this Part to the extent that funds are appropriated by the legislature.
Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Redesignated from R.S. 40:1300.97 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1219.1. Short title

RS 40:1219.1 - Short title
This Part shall be known and may be cited as the "Louisiana Senior Rx and Aging and Disability Information Station Programs".
Acts 2003, No. 848, §1; Acts 2007, No. 406, §1; Redesignated from R.S. 40:1300.211 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1219.2. Definitions

RS 40:1219.2 - Definitions
As used in this Part, the following terms shall have the following meanings:
(1) "Federal poverty guidelines" means the most recent poverty guidelines as published in the Federal Register by the United States Department of Health and Human Services.
(2) "Income" means income from whatever source derived.
(3) "Office of elderly affairs" and "office" mean the office of elderly affairs within the office of the governor.
(4) "Programs" mean either the Louisiana Senior Rx Program or the Aging and Disability Information Station Program established in this Part.
Acts 2003, No. 848, §1; Acts 2007, No. 406, §1; Redesignated from R.S. 40:1300.212 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1219.3. Louisiana Senior Rx and Aging and Disability Information Station Programs; legislative findings; creation; eligibility

RS 40:1219.3 - Louisiana Senior Rx and Aging and Disability Information Station Programs; legislative findings; creation; eligibility
A. The legislature finds that the pharmaceutical manufacturers, seeing a need for such programs, have created charitable programs to aid low-income seniors and persons with adult-onset disabilities with the cost of prescription drugs. The legislature recognizes that seniors and adults with disabilities need assistance in locating and accessing available supports and services. The legislature also finds that many persons are unaware of such programs or do not know how to apply for or need assistance in applying for such programs. It is the intent of the legislature that the office of elderly affairs implement programs to assist seniors and persons with an adult-onset disability in accessing those programs.
B. The Louisiana Senior Rx and Aging and Disability Information Station Programs are hereby established in the office of elderly affairs to help seniors and persons with adult-onset disabilities in accessing manufacturers' discount cards and pharmaceutical assistance programs and to assist such persons in applying for those and other supports and service programs.
C. Eligibility shall be limited to residents of the state who meet, at a minimum, all of the following criteria:
(1) Must be sixty years of age or older or be a person with adult-onset disabilities.
(2) Must have a gross income that does not exceed three hundred percent of the federal poverty guidelines.
(3) Must not have voluntarily canceled a state or federal prescription drug program or a private prescription reimbursement plan within six months prior to application for enrollment in the program.
Acts 2003, No. 848, §1; Acts 2007, No. 406, §1; Redesignated from R.S. 40:1300.213 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1219.4. Services

RS 40:1219.4 - Services
A. Subject to appropriation for the programs, the office shall provide assistance to persons determined to be eligible for services authorized by this Part. The assistance provided by the office shall include:
(1) Assisting seniors and adults with a disability in accessing manufacturers' pharmaceutical assistance programs and supports and services.
(2) Assisting seniors and adults with a disability in applying for manufacturers' pharmaceutical assistance programs and supports and services.
B. Funding for the programs in Fiscal Year 2007-2008 shall be at a level consistent with funding for the programs in Fiscal Year 2006-2007.
C. Beginning in Fiscal Year 2008-2009, funding shall be based on the maximum allowable unit cost rate and numbers served.
Acts 2003, No. 848, §1; Acts 2007, No. 406, §1; Redesignated from R.S. 40:1300.214 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1219.5. Other sources of funding

RS 40:1219.5 - Other sources of funding
The office may seek and receive voluntary monies from any sources, including federal funds and gifts which shall be expended for the purposes designated in this Part. The office may also accept voluntary funding in the form of grants available to build community public sector and private sector partnerships. The office shall include within the development of the programs the assistance of foundations, independent and chain community pharmacists, volunteers, state agencies, community groups, area agencies on aging, corporations, hospitals, physicians, and any other entity that can further the intent of the programs.
Acts 2003, No. 848, §1; Acts 2007, No. 406, §1; Redesignated from R.S. 40:1300.215 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1219.6. Report

RS 40:1219.6 - Report
The office shall prepare and submit a quarterly report on the programs to the governor, president of the Senate, speaker of the House of Representatives, and the chairmen of the Senate and House committees on health and welfare. Such reports shall include the number of clients served, the number of prescriptions filled and refilled, the value of the drugs provided, and the number and type of supports and service assistance provided.
Acts 2003, No. 848, §1; Acts 2007, No. 406, §1; Redesignated from R.S. 40:1300.216 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1223.1. Short title

RS 40:1223.1 - Short title
This Part shall be known and may be cited as the "Louisiana Telehealth Access Act".
Acts 2014, No. 442, §2; Redesignated from R.S. 40:1300.401 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1223.2. Legislative findings

RS 40:1223.2 - Legislative findings
The legislature hereby finds and declares the following:
(1) As an innovative form of health care, telehealth is extremely valuable because it enhances access to care, particularly in rural locations and other medically underserved areas; makes delivery of care more cost-effective; and distributes limited provider resources more efficiently.
(2) Many patients with limited access to traditional health care can be diagnosed and treated sooner through telehealth than they would be otherwise, resulting in improved outcomes and less costly treatments due to early detection and prevention.
NOTE: Paragraph (3) eff. until Jan. 1, 2024. See Acts 2023, No. 322.
(3) Telehealth services could potentially address a great unmet need for health care by persons who have limited access to both traditional healthcare settings and to telemedicine as currently defined in Louisiana law.
NOTE: Paragraph (3) as amended by Acts 2023, No. 322, eff. Jan. 1, 2024.
(3) Telehealth services could potentially address a great unmet need for health care by persons who have limited access to traditional healthcare settings.
(4) If this state is to achieve much needed improvement in health outcomes, a prudent and responsible policy for doing so would be to balance patient safety and access to care through expanding access to telehealth services for the people of Louisiana.
Acts 2014, No. 442, §2; Redesignated from R.S. 40:1300.402 by HCR 84 of 2015 R.S.; Acts 2023, No. 322, §4, eff. Jan. 1, 2024.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1223.5. Venue; telehealth and telemedicine

RS 40:1223.5 - Venue; telehealth and telemedicine
Venue in any suit filed involving care rendered via telehealth pursuant to the provisions of this Part or telemedicine pursuant to the provisions of R.S. 37:1271(B) shall be proper and instituted before the district court of the judicial district in which the patient resides or in the district court having jurisdiction in the parish where the patient was physically located during the provision of the telehealth or telemedicine service. The patient is considered physically located at the originating site as defined in R.S. 40:1223.3.
NOTE: §1223.5 as amended by Acts 2023, No. 322, eff. Jan. 1, 2024.
RS 40:1223.5 - Venue; telehealth
Venue in any suit filed involving care rendered via telehealth pursuant to the provisions of this Part shall be proper and instituted before the district court of the judicial district in which the patient resides or in the district court having jurisdiction in the parish where the patient was physically located during the provision of the telehealth service. The patient is considered physically located at the originating site as defined in R.S. 40:1223.3.
Acts 2016, No. 630, §2, eff. June 17, 2016; Acts 2023, No. 322, §4, eff. Jan. 1, 2024.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1226.1. Definitions

RS 40:1226.1 - Definitions
As used in this Part, the following terms shall have the meanings ascribed to them in this Section unless otherwise provided for or unless the context otherwise indicates:
(1) "Aftercare" means any assistance provided by a caregiver to a patient pursuant to this Part after the patient's discharge from a hospital. Such assistance may include tasks that are limited to the patient's condition at the time of discharge and that do not require a licensed professional.
(2) "Caregiver" means an individual who meets all of the following conditions:
(a) Is eighteen years of age or older.
(b) Provides aftercare to an individual.
(c) Is identified by the patient or, if applicable, the legal guardian of the patient as a person who is involved with the health care of the patient pursuant to 45 CFR 164.510(b), as it existed on January 1, 2015.
(3) "Discharge" means a patient's release from hospital care to the patient's residence following an inpatient admission.
(4) "Hospital" means a facility licensed under the provisions of Part II of Chapter 11 of this Title.
(5) "Patient" means an individual who has been admitted to a hospital for inpatient care and who is eighteen years of age or older.
(6) "Residence" means a dwelling that the patient considers to be his home. A residence shall not include any rehabilitation facility, hospital, nursing home, assisted living facility, or group home.
Acts 2016, No. 351, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1226.2. Designation of a caregiver

RS 40:1226.2 - Designation of a caregiver
A.(1) A hospital shall provide each patient or, if applicable, the patient's legal guardian with at least one opportunity to designate a caregiver following the patient's inpatient admission into a hospital and prior to the patient's discharge.
(2) In the event that the patient is unconscious or otherwise incapacitated upon his entry into a hospital, the hospital shall provide such patient or his legal guardian with an opportunity to designate a caregiver following the patient's recovery of his consciousness or capacity.
(3) In the event that the patient or the patient's legal guardian designates an individual as a caregiver, the hospital shall record the patient's designation of caregiver and the name, telephone number, and address of the patient's designated caregiver in the patient's medical record.
(4) In the event the original designated caregiver becomes unavailable, unwilling, or unable to care for the patient prior to discharge, a patient may elect to change his designated caregiver, and the hospital shall record this change in the patient's medical record.
B. The hospital shall be deemed to have complied in full with the provisions of this Part in the event that the patient or, if applicable, the legal guardian of the patient declines to designate a caregiver under this Part.
C. A designation of a caregiver by a patient or a patient's legal guardian under this Part does not obligate any individual to perform any aftercare tasks for any patient.
D. This Section shall not be construed to require a patient or a patient's legal guardian to designate any individual as a caregiver.
Acts 2016, No. 351, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1226.3. Notice to caregiver

RS 40:1226.3 - Notice to caregiver
If a patient has designated a caregiver, a hospital shall make a good faith attempt to notify the patient's designated caregiver of the patient's discharge to the patient's residence as soon as possible prior to the patient's discharge. If the hospital is unable to contact the designated caregiver, the lack of contact may not interfere with, delay or otherwise affect the medical care provided to the patient, or an appropriate discharge of the patient.
Acts 2016, No. 351, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1226.4. Education and instruction provided to caregiver

RS 40:1226.4 - Education and instruction provided to caregiver
A. As soon as practicable prior to the patient's discharge, the hospital shall make a reasonable effort to consult with the designated caregiver along with the patient, taking into account the capabilities and limitations of the caregiver, to accomplish the aftercare tasks that may be included in a discharge care plan that describes the patient's aftercare needs at his residence.
B. As part of the consultation under Subsection A of this Section, the hospital shall educate and instruct the caregiver concerning the aftercare needs of the patient in a manner that is consistent with the discharge plan and is based on the learning needs of the caregiver. In addition, the hospital shall also provide an opportunity for the caregiver and patient to ask questions and receive explanations about the aftercare tasks.
C. In the event the hospital is unable to contact the designated caregiver, the lack of contact shall not interfere with, delay, or otherwise affect an appropriate discharge of the patient.
Acts 2016, No. 351, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1226.5. Noninterference with medical decision making

RS 40:1226.5 - Noninterference with medical decision making
The provisions of this Part shall not allow or otherwise be interpreted or construed to allow a caregiver to make any medical decisions or provide informed consent on behalf of the patient unless the caregiver is otherwise authorized to do so pursuant to law. Nothing in this Part shall be construed to interfere with, supersede, or any other way affect the provisions of Parts I and II of Subchapter A of this Chapter or with the rights of a mandatary of the patient acting pursuant to a mandate.
Acts 2016, No. 351, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1226.6. Limitation of liability

RS 40:1226.6 - Limitation of liability
A. Nothing in this Part shall be construed to create a cause of action against a hospital, hospital employee, duly authorized agent of the hospital, or any consultant or contractor with whom the hospital has a contractual relationship.
B. A hospital, hospital employee, or any consultant or contractor with whom a hospital has a contractual relationship shall not be liable, vicariously or otherwise, to any patient for any injury, death, loss, civil penalty, or damage as a result of any act or omission of a caregiver in rendering assistance or care to a patient or as a result of any act or failure to act or failure to provide care rendered by a caregiver to a patient.
C. A hospital, hospital employee, or any consultant or contractor with whom a hospital has a contractual relationship shall not be liable to any caregiver designated pursuant to the provisions of this Part, except for gross negligence or willful and wanton misconduct directly related to the education and instruction provided to the caregiver concerning the aftercare needs of the patient, for any injury, death, loss, civil penalty, or damage as a result of any act or omission of a caregiver in rendering assistance or care to a patient or as a result of any act or failure to act or failure to provide care rendered by a caregiver to a patient.
Acts 2016, No. 351, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1226.7. Compensation of caregiver

RS 40:1226.7 - Compensation of caregiver
A caregiver designated under the provisions of this Part shall not accept compensation in exchange for aftercare provided to the patient. A licensed medical professional may be designated as a caregiver as long as the individual does not accept compensation for aftercare provided to the patient.
Acts 2016, No. 351, §1.