reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1173.5. Release of information

RS 40:1173.5 - Release of information
A. To ensure the privacy and protection of Louisianans' health information, the department shall not release confidential or protected health information collected from hospitals and other healthcare providers pursuant to this Subpart. The department shall adhere to and comply fully with appropriate privacy protection protocols that are at least as stringent as the HIPAA Privacy Rule.
B. Notwithstanding Subsection A of this Section, the department may release data collected pursuant to this Subpart for the purpose of conducting healthcare research which is a systematic investigation, including research development, testing, and evaluation, designed to develop or contribute to generalizable knowledge. All requests for data collected pursuant to this Subpart shall be submitted to the department and reviewed by the department's Institutional Review Board. The department shall deny any requests for data that it determines will be utilized for business or commercial purposes, including but not limited to market analysis and software development. The department shall have one representative of the provider group whose data is subject to the data release on the Institutional Review Board.
C. Each data request shall state the proposed use of the data requested and include an affirmation by the recipient that no attempt will be made to combine patient-level data provided for in the request with other data to identify patients and that no confidential information shall be released.
D. The department shall inform the Health Data Panel prior to the release of requested data collected pursuant to this Subpart.
Acts 2014, No. 790, §1; Redesignated from R.S. 40:1300.115 by HCR 84 of 2015 R.S.; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1173.6. Violations; penalties

RS 40:1173.6 - Violations; penalties
A. All state agencies and health professional licensing, certification, or registration boards and commissions, which collect, maintain, or distribute health data, shall provide to the department such data as are necessary for the department to carry out its responsibilities as defined in this Subpart.
B. All healthcare providers licensed by the state, including but not limited to hospitals, outpatient surgical facilities, and outpatient clinical facilities shall submit information in the manner and form prescribed in rules and regulations promulgated by the department pursuant to this Subpart.
C. Any person, firm, corporation, organization, or institution that violates any of the provisions of this Subpart or any rules and regulations promulgated thereunder regarding patient confidentiality of information shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than five hundred dollars nor more than one thousand dollars or by imprisonment not exceeding one month, or both. Each day of the violation shall constitute a separate offense.
D. Any person, firm, corporation, organization, or institution knowingly violating any of the provisions of this Subpart or any rules and regulations promulgated thereunder shall be guilty of a misdemeanor and upon a plea of guilty, a plea of nolo contendere or conviction, shall be punished by a fine of not more than one thousand dollars.
E. Renewal of state licenses issued by the Louisiana Department of Health, Department of Insurance, or health professional licensing, certification, or registration boards and commissions shall be predicated in part on compliance with data reporting requirements of this Subpart and rules and regulations promulgated thereunder. Prior to relicensing, the secretary shall confirm compliance with data reporting requirements in writing to the appropriate permitting or licensing authority. The permit, certification, or license of any healthcare provider, health plan, or facility covered by this Subpart shall be suspended until such time as the required data is submitted to the department.
Acts 2014, No. 790, §1; Redesignated from R.S. 40:1300.116 by HCR 84 of 2015 R.S.; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1175.1. Chiropractic care; freedom of choice

RS 40:1175.1 - Chiropractic care; freedom of choice
No agency of the state, parish or municipality, under the laws of the state of Louisiana, shall deny to the recipients or beneficiaries of their aid or services the freedom to choose a duly licensed chiropractor as the provider of care or services which are within the scope of practice of the profession of chiropractic as defined in R.S. 37:2801(3).
Added by Acts 1977, No. 501, §1; Redesignated from R.S. 40:1299.65 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1181. Redesignated to R.S. 40:1115.1 by HCR 84 of 2015 R.S.

RS 40:1181 - Redesignated to R.S. 40:1115.1 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1181.1. Nonstate governmental hospitals; cooperative endeavor agreements

RS 40:1181.1 - Nonstate governmental hospitals; cooperative endeavor agreements
A nonstate governmental hospital may enter into a cooperative endeavor agreement with other hospitals, persons, or entities which includes the transfer of funds for the provision of health care services and such transfer shall be considered to be for a public purpose within the meaning of Paragraph C of Section 14 of Article VII of the Constitution of Louisiana.
Acts 2011, No. 310, §1, eff. June 28, 2011; Redesignated from R.S. 40:1300.341 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1183.1. Short title

RS 40:1183.1 - Short title
This Part may be cited as the "Federally Qualified Health Center Preservation Act".
Acts 1997, No. 1473, §1; Redesignated from R.S. 40:1300.131 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1183.2. Legislative findings; purpose

RS 40:1183.2 - Legislative findings; purpose
A. The legislature finds that:
(1) Federally qualified health centers (FQHCs) provide most of the healthcare services required by a substantial number of low-income residents living in the state and therefore constitute an invaluable part of the healthcare delivery system of the state.
(2) Residents living in rural and medically underserved communities, which consist of sixty-two of the sixty-four Louisiana parishes, have a poorer health status than residents living in other communities in the state and lack access to adequate health care.
(3) FQHCs are in poor financial condition as a result of payment reductions in the Medicare and Medicaid programs and as a result of the advent and penetration of managed care in the state.
(4) FQHCs have a difficult time attracting and retaining physicians in their service areas, thereby resulting in a continued shortage of primary health care in the state's medically underserved communities.
(5) Absent intervention, continued reductions in the Medicare and Medicaid programs, as well as changes in healthcare reimbursement methodologies and the continued spread of managed care, may result in the closure of the state's FQHCs, thereby jeopardizing the very existence of a vital link in the healthcare delivery system for residents residing in medically underserved areas of the state.
(6) FQHCs constitute, in most cases, an important employer of residents from the economically and health distressed areas they serve and thus create a vital economic component of their local communities.
B. The legislature hereby declares an emergency finding that, absent the enactment of the following provisions, the very existence of Louisiana's FQHCs are imperiled. The legislature hereby declares that the purpose of this Part is to assure the continued viability of FQHCs. To that end, the provisions of this Part shall be construed liberally and in favor of the purposes of this Part.
Acts 1997, No. 1473, §1; Redesignated from R.S. 40:1300.132 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1183.3. Definitions

RS 40:1183.3 - Definitions
As used in this Part:
(1) "Cost related to patient care" means all reasonable costs of outpatient and health services related care of Medicaid beneficiaries determined in accordance with Medicare regulations governing cost-based reimbursement promulgated by the Health Care Financing Administration, United States Department of Health and Human Services, establishing the method or methods to be utilized and the items to be included in determining such costs related to patient care.
(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 including but not limited to block grants for medical care of the poor.
(3) "FQHC" means a facility which is engaged in furnishing primary health services to outpatients by physicians, physician assistants or nurse practitioners, including but not limited to health services related to family medicine, internal medicine, pediatrics, obstetrics, and gynecology and such services and supplies incident thereto. Such facility shall serve a medically underserved population, meaning the population of an urban or rural area designated by the secretary of the Department of Health and Human Services as an area with a shortage of personal health services or a population group designated by the secretary as having a shortage of such services, such as migratory and seasonal agricultural workers, the homeless, residents of public housing, or students and other family members of students of a particular school or schools. Such a facility shall have been designated as a federally qualified health center by the secretary of the Department of Health and Human Services and shall be receiving grants or loans as may be granted by the secretary under 42 U.S.C. 254b.
(4) "Net uncompensated costs" means the costs related to patient care incurred during a provider's fiscal year of furnishing outpatient services, net of the cost of treating Medicare patients, Medicaid payments for inpatient and outpatient services, excluding disproportionate share payments, costs associated with patients who have insurance for services provided, and payments received from uninsured patients.
(5) "State plan for medical assistance" means the plan promulgated by the department in accordance with its role as a designated state agency under Title XIX of the Social Security Act, or its successor plan including but not limited to block grants for medical care to the poor.
Acts 1997, No. 1473, §1; Acts 2004, No. 36, §1; Redesignated from R.S. 40:1300.133 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1183.4. Medical assistance programs; FQHC reimbursement

RS 40:1183.4 - Medical assistance programs; FQHC reimbursement
A. The department shall adopt regulations that provide the following:
(1) A Medicaid cost-based reimbursement methodology that reimburses FQHCs for all costs related to patients, utilizing the most recent cost report information available to the department. The department shall seek to ensure that the reimbursement will be available to FQHCs under the Medicaid program, either through payments received by FQHCs from managed care organizations contracting with the department or its designee, or through supplemental payments as necessary from the department based on availability of funds to the extent permitted by federal law.
(2) With respect to disproportionate share payment methodologies, a reimbursement methodology that reimburses for all net uncompensated costs for services delivered on an outpatient basis through contracts with disproportionate share hospitals in an integrated delivery system arrangement to the extent permitted by federal law and based on availability of funds.
B. The regulations promulgated pursuant to Subsection A of this Section shall be promulgated no later than one hundred twenty days after August 15, 1997. No later than one hundred twenty days after August 15, 1997, the department shall also submit to the secretary of the United States Department of Health and Human Services those amendments to the state plan for medical assistance necessary to conform the state plan for medical assistance with the provisions of Subsection A of this Section.
C. As of January 1, 2001, the department shall reimburse FQHCs for the delivery of Medicaid services as provided in Sections 1902(a)(15) and 1902(aa) of the Social Security Act, as added by Title VII Section 702 of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, hereinafter referred to as "BIPA" and included as Appendix F of the Consolidated Appropriations Act of 2000, P.L. 106-554, and any pursuant federal regulations.
D.(1) To the extent the department is unable to implement BIPA as of January 1, 2001, it shall reimburse FQHCs pursuant to BIPA requirements retroactive to January 1, 2001, but in no event shall such implementation begin any later than and in no event shall such retroactive payment be made any later than July 1, 2002.
(2) In the event that the department chooses to apply an alternative payment methodology to FQHCs as allowed under Section 1902(aa)(6), as amended by BIPA, such methodology must be agreed to by the FQHC and cannot result in any less payment than the FQHC would receive pursuant to the payment methodology set out in Section 1902(aa)(1) through (5) of BIPA.
Acts 1997, No. 1473, §1; Acts 2001, No. 952, §1; Redesignated from R.S. 40:1300.134 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1187.1. Notification of law enforcement agency prior to discharge of a person issued a summons or arrest warrant and admitted to a hospital

RS 40:1187.1 - Notification of law enforcement agency prior to discharge of a person issued a summons or arrest warrant and admitted to a hospital
A. A hospital shall notify the appropriate arresting or investigating law enforcement agency that a doctor has ordered the discharge of a patient from the hospital as soon as reasonably possible after the order has been written, if all of the following conditions exist:
(1) The law enforcement agency has certified in writing that the patient has been issued a summons or arrest warrant for an offense, but as a result of the need for emergency medical care, the warrant has not been executed prior to admission to the hospital.
(2) The law enforcement agency has provided the hospital with a written request to be informed upon the discharge of the patient from the hospital.
(3) The law enforcement agency has provided contact information for use by the hospital in making the notification.
B. No hospital shall be held civilly liable to any person for failure to comply or to timely comply with the requirements of this Section unless that failure is intentional or due to gross negligence.
C. As used in this Section, "hospital" means any institution, place, building, or agency, public or private, whether for profit or not, with facilities for the diagnosis, treatment, or care of persons who are suffering from illness, injury, infirmity, or deformity or other physical condition for which obstetrical, medical, or surgical services would be available and appropriate and which operates or is affiliated with facilities for the overnight care, observation, or recovery of those persons.
Acts 2006, No. 327, §1; Redesignated from R.S. 40:1300.271 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1189.1. Short title

RS 40:1189.1 - Short title
This Part may be cited as the "Rural Hospital Preservation Act".
Acts 1997, No. 1485, §1; Redesignated from R.S. 40:1300.141 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1189.5. Managed care organizations

RS 40:1189.5 - Managed care organizations
Managed care organizations, including but not limited to health maintenance organizations, other entities authorized by law to bear risk for the payment of health care services, and preferred provider organizations, which offer health services in the state through health service plans offered to Louisiana residents directly or indirectly, except with respect to a qualified benefit plan governed by ERISA, shall, in parishes in which enrollees or beneficiaries of the organization reside or in parishes which the organization services, offer rural hospitals and hospitals located in parishes with a population of sixty-five thousand or less, and physicians practicing at such hospitals, participation as providers in the managed care organizations on terms and conditions that are no more restrictive than applicable to other hospitals and physicians practicing at such hospitals. To qualify for participation in health services plans offered by managed care organizations, such hospitals may obtain either Medicare certification from the United States Department of Health and Human Services or accreditation by the Joint Commission on Accreditation of Healthcare Organizations. The provisions of this Section shall not apply to any plan offered through the Office of Group Benefits.
Acts 1997, No. 1485, §1; Acts 2001, No. 1178, §4, eff. June 29, 2001; Redesignated from R.S. 40:1300.145 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1189.7. Authorized activities concerning health care providers and public rural hospitals

RS 40:1189.7 - Authorized activities concerning health care providers and public rural hospitals
A. Notwithstanding any law to the contrary, a public rural hospital may employ a health care provider on a part-time basis. As used in this Subsection, "part-time basis" means twenty or fewer hours of work per calendar week.
B. Notwithstanding any law to the contrary, a public rural hospital may lease, at fair market value, a portion or all of a facility or equipment to a health care provider employed by the hospital on a part-time basis for the provision of health care services and a health care provider employed on a part-time basis by a public rural hospital may lease, at fair market value, a portion or all of a facility or equipment to the hospital for the provision of health care services.
Acts 2007, No. 224, §1, eff. July 2, 2007; Redesignated from R.S. 40:1300.147 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1191. §§1191 to 1208 Repealed by Acts 1985, No. 199, §1, eff. July 6, 1985.

RS 40:1191 - §§1191 to 1208 Repealed by Acts 1985, No. 199, §1, eff. July 6, 1985.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1191.1. Definitions

RS 40:1191.1 - Definitions
As used in this Part, the following terms have the meaning ascribed to them in this Section unless the context requires otherwise:
(1) "Final disposition" means the burial, cremation, or other disposition of the remains of a human fetus following fetal death.
(2) "Health facility" means a facility licensed by the Louisiana Department of Health to provide health services.
(3) "Miscarried child" means the fetal remains resulting from a spontaneous fetal death that does not require compulsory registration pursuant to the provisions of R.S. 40:47.
Acts 2016, No. 59, §1, eff. May 10, 2016.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1191.2. Final disposition of fetal remains; rights of parents; notice required; exception

RS 40:1191.2 - Final disposition of fetal remains; rights of parents; notice required; exception
A. Prior to the final disposition of a miscarried child, but not more than twenty-four hours after the miscarriage occurs in a health facility, the facility shall notify the patient, or if the patient is incapacitated, the spouse of the patient, both orally and in writing, of both of the following:
(1) The parent's right to arrange for the final disposition of the child through the use of the notice of parental rights form as provided for in R.S. 40:1191.3.
(2) The availability of a chaplain or other counseling services concerning the death of the child, if such services are provided by the health facility.
B.(1) The patient shall have forty-eight hours from receipt of the notice of parental rights form provided by the health facility pursuant to Subsection A of this Section to indicate on the notice of parental rights form the patient's intent to arrange for the final disposition of the miscarried child and to return the notice of parental rights form to the health facility.
(2) If the health facility receives the patient's completed notice of parental rights form within the time period required by this Subsection, and once it is medically appropriate for the final disposition of the fetal remains to occur, the health facility shall make the remains available to transfer for a minimum of seventy-two hours. After the transfer, the final disposition of the fetal remains by the transferee shall be in accordance with the provisions of Chapter 10 of Title 8 of the Louisiana Revised Statutes of 1950.
(3) If the health facility does not receive the patient's completed notice of parental rights form within the time period required by this Subsection, the fetal remains shall be disposed of in accordance with the rules and regulations promulgated by the Louisiana Department of Health.
C. No notice shall be required if both the patient and the patient's spouse are incapacitated or otherwise unable to receive the notice required by Subsection A of this Section.
Acts 2016, No. 59, §1, eff. Jan. 1, 2017.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1191.3. Notice of parental rights form

RS 40:1191.3 - Notice of parental rights form
The Louisiana Department of Health shall promulgate, in accordance with the Administrative Procedure Act, a notice of parental rights form to be used by health facilities to comply with the provisions of this Part. The form shall include, at a minimum, all of the following:
(1) A definitive statement that reads as follows: "This notice of parental rights form is required to be provided to you pursuant to Louisiana law."
(2) A brief description of the provisions of this Part along with concise instructions for the patient to follow regarding how to properly complete the form and return it to the health facility in the event the patient desires to arrange for the final disposition of the miscarried child.
(3) A concise statement of the timelines that must be satisfied in order for the patient to arrange for the final disposition of the miscarried child.
(4) A listing of state, regional, or national grief counseling organizations that may provide counseling services concerning the death of a child.
Acts 2016, No. 59, §1, eff. May 10, 2016.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1191.4. Limitation of liability

RS 40:1191.4 - Limitation of liability
The provisions of this Part shall not be construed to create a cause of action, nor shall the health facility, or any person authorized to act on behalf of the health facility, be held civilly liable for any damages when a health facility makes a final disposition of the fetal remains in accordance with the provisions of this Part.
Acts 2016, No. 59, §1, eff. May 10, 2016.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1193.2. Definitions

RS 40:1193.2 - 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) "Legal representative" means a legal guardian or a legally appointed substitute decision-maker who is authorized to act on behalf of a nursing home resident.
(3)(a) "Monitoring device" means a surveillance instrument that transmits and records activity and is not connected to the facility's computer network.
(b) The term "monitoring device" shall not include a camera that records still images exclusively.
(4) "Nursing home" means a nursing facility or nursing home as defined in R.S. 40:2009.2.
(5) "Ombudsman" means the administrator of the office of the state long-term care ombudsman established within the office of elderly affairs by the provisions of R.S. 40:2010.2.
(6) "Resident" means a person who is a resident of a nursing home.
Acts 2018, No. 596, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1193.3. Monitoring device; authorization and use

RS 40:1193.3 - Monitoring device; authorization and use
A. A resident who has the capacity to consent as determined by emergency rules promulgated by the department pursuant to this Part or his legal representative may authorize the installation and use of a monitoring device in a nursing home if all of the following conditions are met:
(1) The resident or his legal representative gives notice of the installation to the nursing home.
(2) If the monitoring device records activity visually, the recordings made by the device include a record of the date and time.
(3) The resident pays for the monitoring device and all installation, operation, maintenance, and removal costs associated with the device.
(4) Each resident occupying the same room who has the capacity to consent as determined by emergency rules promulgated by the department pursuant to this Part, or that resident's legal representative, gives written consent for the installation of the monitoring device.
B. If the structure of the resident's room must be altered in order to accommodate a monitoring device, then the renovation to the room may be done only by a licensed contractor, subject to approval by the facility.
C. Any monitoring device installed in accordance with the provisions of this Chapter shall be in compliance with the National Fire Protection Association Life Safety regulations.
Acts 2018, No. 596, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1193.4. Monitoring device option; installation; consent of residents in shared rooms; accommodation by nursing home

RS 40:1193.4 - Monitoring device option; installation; consent of residents in shared rooms; accommodation by nursing home
A.(1) At the time of a person's admission to a nursing home, the nursing home shall notify the person of his right to have a monitoring device installed in his room, and shall offer the person the option to have a monitoring device. The resident or his roommate may exercise the right to install or remove a monitoring device at any time during which he resides in the nursing home. The nursing home shall keep a record of the person's authorization or choice not to have a monitoring device.
(2) The nursing home shall make the record provided for in Paragraph (1) of this Subsection accessible to the ombudsman.
B.(1) If a resident who is residing in a shared room wishes to have a monitoring device installed in the room and another resident living in or moving into the same shared room refuses to consent to the use of the monitoring device, then the nursing home shall make a reasonable attempt to accommodate the resident who wishes to have the monitoring device installed. A nursing home shall be deemed to have met this accommodation requirement when, upon notification that a roommate has not consented to the use of an electronic monitoring device in his room, the facility offers to move either resident to another shared room that is available at the time of the request.
(2) If a resident chooses to reside in a private room in order to accommodate the use of an electronic monitoring device, the resident shall pay the private room rate. If a nursing home is unable to accommodate a resident due to lack of space, the nursing home shall reevaluate the request at least once every two weeks until the request is fulfilled.
C. After authorization, consent, and notice in accordance with this Part, a resident or his legal representative may install, operate, and maintain, at the expense of the resident, a monitoring device in the room of the resident.
D. The nursing home shall cooperate to accommodate the installation of the monitoring device unless doing so would place undue burden on the nursing home.
E. The monitoring device shall be in a fixed, stationary position and shall monitor only the resident who consents either personally or through his legal representative to be monitored.
Acts 2018, No. 596, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1193.5. Consent; waiver

RS 40:1193.5 - Consent; waiver
A. Consent to the authorization for installation and use of a monitoring device may be given only by the resident or his legal representative.
B. Consent to the authorization for installation and use of a monitoring device shall include a release of liability for the nursing home for a violation of the resident's right to privacy insofar as the use of the monitoring device is concerned.
C. A resident or his legal representative may reverse a choice to have or not have a monitoring device installed and used at any time after notice of such reversal has been made to the nursing home, and to the ombudsman, upon a form prescribed by the department.
Acts 2018, No. 596, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1193.6. Authorization form; content

RS 40:1193.6 - Authorization form; content
The form for the authorization of installation and use of a monitoring device shall provide for all of the following:
(1) Consent of the resident or his legal representative authorizing the installation and use of the monitoring device.
(2) Notice to the nursing home of the resident's installation of a monitoring device and specifics as to the type, function, and use of the device.
(3) Consent of any other resident sharing the same room, or that resident's legal representative, to the installation and use of a monitoring device.
(4) Notice of release from liability for violation of privacy through the use of the monitoring device.
(5) Waiver of the resident's right to privacy in connection with the use of the monitoring device.
Acts 2018, No. 596, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1193.7. Immunity; unauthorized use

RS 40:1193.7 - Immunity; unauthorized use
A. In any civil action against a nursing home, material obtained through the use of a monitoring device shall not be used if the device was installed or used without the knowledge of the nursing home, or installed or used without the prescribed form.
B. Compliance with the provisions of this Part shall be a complete defense to any civil or criminal action brought against the resident, legal representative, or nursing home for the use or presence of a monitoring device.
Acts 2018, No. 596, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1193.8. Prohibited acts; civil and criminal penalties

RS 40:1193.8 - Prohibited acts; civil and criminal penalties
A.(1) No nursing home shall deny a person or resident admission to or discharge from a nursing home, or otherwise discriminate or retaliate against a person or resident, because the person or resident chooses to authorize installation and use of a monitoring device.
(2) Any person who knowingly or willfully violates the provisions of Paragraph (1) of this Subsection shall be subject to appropriate action by the department as set forth in rules promulgated pursuant to this Part.
B.(1) Except as provided in Paragraph (2) of this Subsection, no person shall intentionally hamper, obstruct, tamper with, or destroy a monitoring device or a recording made by a monitoring device installed in a nursing home pursuant to this Part.
(2) The prohibition and penalties provided in this Subsection shall not apply to the resident who owns the monitoring device or recording, or to his legal representative.
Acts 2018, No. 596, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1193.9. Public notice; signage of electronic monitoring device

RS 40:1193.9 - Public notice; signage of electronic monitoring device
A. If a resident of a nursing facility conducts electronic monitoring, a sign shall be clearly and conspicuously posted at the main entrance of the nursing facility building to alert and inform visitors. The sign shall be in a large, clearly legible type and font and bear the words "Electronic Monitoring" and shall further state in equally legible type and font "The rooms of some residents may be equipped with electronic monitoring devices installed by or on behalf of the resident."
B. A sign shall be clearly and conspicuously posted at the entrance of a resident's room where authorized electronic monitoring is being conducted. The sign shall be in large, clearly legible type and font and bear the words "This room is electronically monitored."
C. The nursing facility shall be responsible for reasonable costs of installation and maintenance of the sign required by Subsection A of this Section. The resident or his legal representative shall be responsible for installing and maintaining the sign required pursuant to Subsection B of this Section, which shall also be in accordance with the written policy of the nursing facility.
Acts 2018, No. 596, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1193.10. Reporting abuse and neglect

RS 40:1193.10 - Reporting abuse and neglect
Any person who views an incident which a reasonable man would consider abuse or neglect after viewing a recording made in a nursing facility shall report the incident to the facility as soon as is practicable after the viewing. The facility shall be provided with a copy of the recording in which the suspected incident of abuse or neglect occurred. If the recording must be transferred to a different format to be viewed, the transfer shall be done at the expense of the facility by a qualified professional who can certify that the contents of the recording were not altered.
Acts 2018, No. 596, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1201.1. Clinical preceptor nurse aide training program; legislative intent

RS 40:1201.1 - Clinical preceptor nurse aide training program; legislative intent
The Legislature of Louisiana hereby finds that there is a serious need for adequately trained certified nurse aides and, therefore, it is in the best interest of the state to maximize the opportunities which are available to students who are seeking to become certified nurse aides. The legislature further finds that a clinical preceptor nurse aide training program operated by the Louisiana Community and Technical College System in conjunction with nursing homes located throughout the state not only provides a viable method of training but also provides such training at a considerably lower cost than the traditional method of training.
Acts 2011, No. 50, §2; Redesignated from R.S. 40:1300.21 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1201.2. Clinical preceptor training program

RS 40:1201.2 - Clinical preceptor training program
A. The Louisiana Community and Technical College System is hereby authorized to develop and maintain a clinical preceptor nurse aide training program.
B. Any program developed under the provisions of this Part shall be in compliance with all federal laws and regulations.
Acts 2011, No. 50, §2; Redesignated from R.S. 40:1300.22 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1203.4. Confidentiality of criminal history records

RS 40:1203.4 - Confidentiality of criminal history records
A. All criminal history records received by the employer shall be confidential and shall be restricted to the exclusive use of the department and the employer requesting the information.
B. Except by court order or with the written consent of the person being investigated, the records or information obtained from or regarding the records shall not be released or otherwise disclosed to any other person or agency.
C. The records shall be destroyed after one year from the termination of employment of the person to whom such records relate. However, upon receipt of written consent by an applicant for employment with a health provider, the employer in receipt of a criminal history check may send a copy to the employer seeking the referral.
Acts 1993, No. 594, §1, eff. August 15, 1994; Redesignated from R.S. 40:1300.54 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1203.5. Compliance

RS 40:1203.5 - Compliance
The department shall review the employment files of any facility or agency required to obtain criminal history records to ensure such facilities are in compliance with the provisions of this Part.
Acts 1993, No. 594, §1, eff. August 15, 1994; Redesignated from R.S. 40:1300.55 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1203.6. Ineligible for unemployment compensation

RS 40:1203.6 - Ineligible for unemployment compensation
A nonlicensed person or any licensed ambulance personnel hired on a temporary basis and terminated pursuant to the provisions of this Part shall not be eligible for unemployment compensation.
Acts 1993, No. 594, §1, eff. August 15, 1994; Acts 1995, No. 917, §1, eff. June 28, 1995; Redesignated from R.S. 40:1300.56 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1205.1. Health Professional Development Program

RS 40:1205.1 - Health Professional Development Program
The Health Professional Development Program is hereby created in the office of management and finance in the Louisiana Department of Health. The program is established to meet the current and projected continued severe shortage of medical doctors and nurses in health professional shortage areas in the state by increasing the number of primary health care practitioners in shortage areas through a program for repayment of loans, a program for physician retention and recruitment, and a scholarship program. The Louisiana Department of Health may participate in any federal programs that provide matching funds or total funding for health professional development.
Acts 1991, No. 502, §1; Acts 2009, No. 383, §1, eff. July 6, 2009; Redesignated from R.S. 40:1300.1 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1205.2. Definitions

RS 40:1205.2 - Definitions
For the purpose of this Part, the following terms shall have the following meanings unless the context clearly indicates otherwise:
(1) "Department" means the Louisiana Department of Health.
(2) "Health professional shortage areas" means areas so classified by the United States Public Health Services as areas with a shortage of health professionals.
(3) "Primary health care practitioner" means a medical practitioner who provides a basic level of health care, including but not limited to a general practitioner, internist, obstetrician, gynecologist, and pediatrician, as well as a nonphysician provider such as a nurse and advanced nursing specialist.
(4) "Secretary" means the secretary of the Louisiana Department of Health.
Acts 1991, No. 502, §1; Acts 2009, No. 383, §1, eff. July 6, 2009; Redesignated from R.S. 40:1300.2 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1205.3. Retention and recruitment program

RS 40:1205.3 - Retention and recruitment program
A. The department shall develop and administer a plan for recruitment and retention of primary health care practitioners to practice in health professional shortage areas or facilities.
B. Such a plan shall provide for identification of shortage areas, prioritize long-term and short-term goals and strategies, provide a special minority component, and provide for public input.
C. The department shall implement the retention and recruitment plan, directly or through contract. Implementation may include advertising and promotion, professional recruitment services, travel, and all other necessary expenses.
Acts 1991, No. 502, §1; Acts 2009, No. 383, §1, eff. July 6, 2009; Redesignated from R.S. 40:1300.3 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1205.4. Loan repayment program

RS 40:1205.4 - Loan repayment program
A. The department shall administer a state loan repayment program consistent with the Federal National Health Service Corporation Loan Repayment Program of the Public Health Service Act.
B. To be eligible for the loan repayment program, an applicant must be licensed and qualified as a physician or nurse to practice in Louisiana, be willing to practice in a health professional shortage area, and meet any other requirements which may be established by the program.
C. Medical education loans shall be repaid retroactively after each term of service in a health professional shortage area for up to three years depending upon the primary health care provider's length of service.
D. Loans may be repaid for up to twenty thousand dollars per year of service.
E. The program shall provide an implementation schedule for loan repayments by January 1, 1992.
Acts 1991, No. 502, §1; Acts 2009, No. 383, §1, eff. July 6, 2009; Redesignated from R.S. 40:1300.4 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1205.5. Scholarship program

RS 40:1205.5 - Scholarship program
A. It is the intent of the legislature to increase the number of primary care practitioners who practice in health professional shortage areas in the state. The department shall administer a state scholarship program. To be eligible for the scholarship program an applicant must:
(1) Be accepted for enrollment, or be enrolled as a full-time student in a program offering a doctor of medicine degree at a professional school of the Louisiana State University Health Sciences Center or the Tulane University School of Medicine, an approved program offering training as a registered nurse in a public or regionally accredited independent institution of higher education, or an approved program offering training as a licensed practical nurse at a public institution.
(2) Pursue an approved course of study and maintain an acceptable level of academic standing, leading to a degree in medicine, dentistry, or other health-related specialty, as determined by the secretary.
(3) Agree in writing to serve in the health professional shortage areas, in Louisiana one and one-half years for each year of receiving the scholarship and to accept and maintain an open panel for Medicaid, Medicare, and uninsured patients during his service. Failure to serve as agreed to in writing shall result in the repayment of such scholarship and a substantial penalty as determined by the department.
B. Subject to the availability of funding, the department shall provide scholarships equal to the lowest base tuition of a public medical school in the state and sufficient to provide for the graduation each year of the following:
(1) Physicians from accredited graduate medical education training programs in the disciplines of general family medicine, general internal medicine, general pediatrics, general medicine/pediatrics, obstetrics, gynecology, dentistry, or optometry.
(2) Registered or advanced practice nurses.
(3) Licensed practical nurses.
C. Subject to the availability of funding, any scholarship awarded by the department to a nursing student shall be equal to the lowest base tuition of a public nursing school in the state.
D. The department may access state, federal, or grant funding made available to the department for the purpose of fulfilling the scholarships offered in accordance with this Part.
Acts 1991, No. 502, §1; Acts 1992, No. 886, §1; Acts 1999, No. 802, §5, eff. July 2, 1999; Acts 2009, No. 383, §1, eff. July 6, 2009; Redesignated from R.S. 40:1300.5 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1205.7. Rules

RS 40:1205.7 - Rules
The secretary shall promulgate rules and regulations necessary to carry out the provisions of this Part in accordance with the Administrative Procedure Act.
Acts 1991, No. 502, §1; Redesignated from R.S. 40:1300.7 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1207.1. Scholarship and loan program

RS 40:1207.1 - Scholarship and loan program
A. It is the intent of the legislature to ensure that there are an adequate number of health care providers who practice in the state in areas of medicine for which there are no associated medical educational programs offered in the state.
B. The Board of Regents is hereby authorized to develop and administer through the promulgation of rules and regulations, pursuant to the Administrative Procedure Act, the Medical and Allied Health Professional Education Scholarship and Loan Program for students who choose to pursue certain out-of-state medical education because similar medical education programs are not offered in the state. The Board of Regents shall provide for the qualifications of the students and for the medical education programs to be included in the program. The Board of Regents shall require that all recipients of scholarship or loan funds, pursuant to this program, agree in writing to return to the state to practice for a minimum of one and one-half years for each year the scholarship or loan is received and to maintain enrollment as a Medicaid provider during their service.
C. The Board of Regents is hereby authorized to enter into agreements with a public trust and public corporation duly organized pursuant to R.S. 9:2341 et seq., having for its beneficiary the state for the purpose of administering and providing for a loan program to provide low interest loans to students seeking medical education for which there are no associated medical educational programs offered in the state. Notwithstanding any provision of law to the contrary, the public trust and public corporation duly organized pursuant to R.S. 9:2341 et seq., having for its beneficiary the state, may issue bonds, notes, or other obligations to the public and others for the purposes of this Part.
D. The Board of Regents may access state, federal, or grant funding made available to the Board of Regents for the purpose of fulfilling the scholarships offered in accordance with this Part.
Acts 2011, No. 150, §1, eff. June 24, 2011; Redesignated from R.S. 40:1300.8.1 by HCR 84 of 2015 R.S.