reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1915. Restrictions on sale of anhydrous ammonia; permit; bond; insurance

RS 40:1915 - Restrictions on sale of anhydrous ammonia; permit; bond; insurance
A. No person shall engage in business as a dealer in anhydrous ammonia or as a dealer in equipment used in the handling of anhydrous ammonia, as herein defined in R.S. 3:1913(B)(1), within the state of Louisiana, without first having obtained a permit from the Liquefied Petroleum Gas Commission. This permit shall be issued only after the proper written application has been completed and filed, fees paid to the commission, and after all other requirements for such dealers have been complied with by the applicant.
B.(1) Dealers shall inspect their customers' tanks and receptacles annually. A report showing proof of inspection shall be mailed to the office of the director of the Liquefied Petroleum Gas Commission by the twentieth of the month following inspection. Each inspection shall be good for one year only.
(2) Every storage container inspected pursuant to this Subsection shall be tagged by a dealer. Inspection stickers are to be obtained from the Liquefied Petroleum Gas Commission on an annual basis.
C. Before engaging in business as a dealer, the applicant shall satisfy the commission that he is financially responsible. This provision as to financial responsibility will be complied with by filing with the commission evidence that the applicant has applied for insurance, and that his application has been approved, on standard contract forms, and a policy is to be issued by an insurance company licensed to do business in the state in such kind and for such limits as may be prescribed by the commission.
D. Repealed by Acts 1993, No. 586, §2.
Amended by Acts 1950, No. 182, §§3, 4; Acts 1952, No. 74, §5; Acts 1958, No. 197, §1; Acts 1982, No. 124, §1, eff. Jan. 1, 1983; Acts 1990, No. 247, §1; Acts 1993, No. 586, §2; Acts 2005, No. 494, §1; Redesignated by Acts 2010, No. 579, §4 from R.S. 3:1355.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1917. Penalty

RS 40:1917 - Penalty
Whoever violates a provision of this Part shall be fined not less than one hundred nor more than one thousand dollars.
Acts 1993, No. 586, §1; Acts 1999, No. 585, §1; Redesignated by Acts 2010, No. 579, §4 from R.S. 3:1357.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2002. University Medical Center

RS 40:2002 - University Medical Center
A. The state operated general hospital located in Lafayette, Louisiana, which replaced and is the successor to Southwest Charity Hospital in Lafayette, also formerly known as Lafayette Charity Hospital, is hereby designated and shall hereafter be known as University Medical Center.
B. The cancer research and treatment program at the University Medical Center is hereby designated and shall hereafter be known as the Dr. Karuna Kukreja Memorial Cancer Program.
Acts 1991, No. 596, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2002.1. Lallie Kemp Regional Medical Center

RS 40:2002.1 - Lallie Kemp Regional Medical Center
The state operated general hospital located in Independence, Louisiana, heretofore known as Lallie Kemp Charity Hospital, is hereby designated and shall hereafter be known as Lallie Kemp Regional Medical Center.
Acts 1987, No. 43, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2002.2. Washington-St. Tammany Regional Medical Center

RS 40:2002.2 - Washington-St. Tammany Regional Medical Center
The state operated general hospital located in Bogalusa, Louisiana, heretofore known as Washington-St. Tammany Charity Hospital, is hereby designated and shall hereafter be known as Washington-St. Tammany Regional Medical Center.
Acts 1987, No. 43, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2002.3. Huey P. Long Medical Center

RS 40:2002.3 - Huey P. Long Medical Center
The state operated general hospital located in Pineville, Louisiana, heretofore known as Huey P. Long Charity Hospital, is hereby designated and shall hereafter be known as Huey P. Long Medical Center.
Acts 1987, No. 43, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2002.4. Villa Feliciana Medical Complex

RS 40:2002.4 - Villa Feliciana Medical Complex
The state operated hospital located in Jackson, Louisiana, heretofore known as Villa Feliciana Geriatric Hospital, is hereby designated and shall hereafter be known as Villa Feliciana Medical Complex.
Acts 1987, No. 617, §2; Acts 1997, No. 641, §3.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2002.5. Charity Hospital and Medical Center of Louisiana at New Orleans

RS 40:2002.5 - Charity Hospital and Medical Center of Louisiana at New Orleans
The state-operated general hospital located in New Orleans, Louisiana, heretofore known as Medical Center of Louisiana at New Orleans, is hereby designated and shall be hereafter known as Charity Hospital and Medical Center of Louisiana at New Orleans.
Acts 1991, No. 390, §3, eff. July 8, 1991; Acts 1992, No. 785, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2002.6. Earl K. Long Medical Center

RS 40:2002.6 - Earl K. Long Medical Center
The state operated general hospital located in Baton Rouge, Louisiana, heretofore known as Earl K. Long Memorial Hospital, is hereby designated and shall be hereafter known as Earl K. Long Medical Center.
Acts 1991, No. 390, §3, eff. July 8, 1991.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2002.7. E. A. Conway Medical Center

RS 40:2002.7 - E. A. Conway Medical Center
The state operated general hospital located in Monroe, Louisiana heretofore known as E. A. Conway Memorial Hospital, is hereby designated and shall be hereafter known as E. A. Conway Medical Center.
Acts 1991, No. 390, §3, eff. July 8, 1991.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2004.2. Contract for sewer service for Central Louisiana State Hospital

RS 40:2004.2 - Contract for sewer service for Central Louisiana State Hospital
The Louisiana Department of Health is authorized to enter into a contract with the city of Pineville for sewerage services to be furnished by the city of Pineville to the Central Louisiana State Hospital. In consideration of the expenditures made by the city of Pineville in providing said sewerage services, the Louisiana Department of Health may agree to pay a minimum charge of three thousand three hundred thirty-three dollars per month for one hundred twenty months to the city of Pineville.
Added by Acts 1969, No. 98, §1. Amended by Acts 1977, No. 680, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2005. Hospital visitation

RS 40:2005 - Hospital visitation
A. Any person eighteen years or older may designate those individuals who will not be denied access to visit him during any stay in any hospital, nursing home, or other health care facility within the state of Louisiana.
B. Nothing contained herein shall prohibit hospitals, nursing homes, or other health care facilities from restricting visits to standard designated hours, from restricting visits as the patient's medical condition may require, or from enforcing an injunction barring an individual from entering the premises.
Acts 1995, No. 1200, §1, eff. June 29, 1995.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2006.2. Expedited licensing process; fees

RS 40:2006.2 - Expedited licensing process; fees
A. The Louisiana Department of Health, referred to hereafter in this Section as the "department", is hereby authorized to establish an expedited licensing process for healthcare facilities and providers that the department licenses.
B. The department shall promulgate, in accordance with the Administrative Procedure Act, any such rules as are necessary to provide for the expedited licensing process authorized by this Section.
C. The fees for the expedited licensing process shall be assessed in an amount not to exceed seven thousand five hundred dollars and shall be payable to the department at the time an expedited licensing application is submitted to the department by a healthcare facility or provider.
D.(1) After the department receives and approves the completed expedited licensing application packet, the department shall notify the applicant to provide a readiness date for the expedited survey. The department shall conduct the expedited licensing survey within ten working days of the readiness date indicated by the facility or provider and in accordance with applicable rules of the department.
(2) The department shall refund the expedited licensing fee if the expedited licensing survey is not conducted within the time period specified in this Section, unless such failure to conduct the survey is due to the unavailability of the facility or provider.
(3) The department shall not utilize existing employees who conduct regular licensing surveys to conduct any expedited licensing survey.
E. The department shall ensure that no facility or provider seeking approval to apply for licensure pursuant to a pre-licensing facility need review process provided for in this Chapter is affected by another provider of the same license type choosing the expedited licensing process instead of the regular licensing process.
Acts 2018, No. 324, §1, eff. May 15, 2018.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2008. Out-of-state providers; prohibitions on licensure, survey

RS 40:2008 - Out-of-state providers; prohibitions on licensure, survey
A. For purposes of this Section:
(1) "Department" means the Louisiana Department of Health.
(2) "Health care provider" means a facility, entity, operation, or individual, in any form whatsoever, that is required to be licensed by the department before providing the medical services for which it was organized.
B. Except as provided in Paragraph F(1), the department shall not issue a license to or complete a survey upon any health care provider not located within the boundaries of the state. Any license or survey shall only apply to activities and facilities within the boundaries of the state and shall not apply to any branches, off-site campuses, main offices, or units located outside the boundaries of the state.
C. For purposes of this Section, a health care provider shall be located within the boundaries of the state only if the buildings, premises, or physical structures which house its administrative or treatment facilities, or both, are physically located within the boundaries of the state.
D. All emergency medical transportation services, including but not limited to ambulances and air ambulance services, are expressly excluded from the requirements and mandates of this Section.
E. The provisions, prohibitions, and requirements of this Section are in addition to, and not to the exclusion of, any other statutes, laws, rules, or regulations, or any combination thereof, which also may govern the conditions for licensure or the conditions for general operation applicable to the specific types of health care providers as defined herein.
F.(1) Except as provided in Paragraph (2) of this Subsection, the provisions of this Section shall not apply to any health care provider licensed by the department on August 15, 1997, until the occurrence of any one of the following:
(a) A change of ownership of the health care provider.
(b) The termination, revocation, or both, of the applicable license of the health care provider.
(c) A change in the location of the health care provider to a new building, premises, or other change in physical location, including but not limited to a change in address.
(d) December 31, 1998.
(2) The prohibitions and restrictions of this Section shall apply to any new branch or off-site campus located outside of the boundaries of the state of any health care provider licensed by the department on August 15, 1997.
G. The secretary of the Louisiana Department of Health may adopt rules and regulations in accordance with the Administrative Procedure Act to enforce and insure compliance with the provisions of this Section.
Acts 1997, No. 1069, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2008.4. State agency for carrying out federal programs on alcoholism

RS 40:2008.4 - State agency for carrying out federal programs on alcoholism
A. The state Department of Health shall be the sole agency in the state of Louisiana for carrying out the purposes of any federal law dealing with the treatment of alcoholism.
B. The state Department of Health is hereby authorized to participate in any programs established by federal law for the treatment of alcoholism.
Acts 1968, No. 235, §§1, 2. Amended by Acts 1977, No. 680, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2009. Mandatory accreditation of facilities participating in the Medicaid Residential Treatment Option

RS 40:2009 - Mandatory accreditation of facilities participating in the Medicaid Residential Treatment Option
A. Any facility participating in the Medicaid Residential Treatment Option, providing residential supports and services, shall be accredited by the Joint Commission on the Accreditation of Health Care Organizations, the Council on the Accreditation of Rehabilitation Facilities, or the Council on Accreditation for Children and Family Services.
B. The Louisiana Department of Health may adopt rules and regulations to administer and implement this Section.
C. Notwithstanding any law to the contrary, the Louisiana Department of Health shall be the only agency responsible for licensing any facility participating in the Medicaid Residential Treatment Option.
Acts 2003, No. 304, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2009.3. Licensing of nursing homes; applications; fees; disposition of fees

RS 40:2009.3 - Licensing of nursing homes; applications; fees; disposition of fees
A. No person shall open, conduct, manage or maintain a nursing home without a license or provisional license from the department.
B. Application to conduct and operate a nursing home shall be made to the department on application forms furnished by it and shall contain such information as the department may require, including information required for health planning pursuant to R.S. 36:256(B). Additional information required by the licensing agency or for health planning shall be provided by the applicant on supplemental forms as needed. The application shall be accompanied by a license fee, the amount of which shall be determined by the department, in accordance with the number of persons for which the home is established to provide care. The fee shall be not less than one hundred dollars plus three dollars per bed.
C. Funds collected by the department as license fees shall be deposited in the operating account of the department and may be used by it for expenses incurred in making investigations required by R.S. 40:2009.1 through R.S. 40:2009.12 and for the enforcement of all laws, rules and regulations relating to the licensing of nursing homes.
D. A provisional license may be issued to a nursing home for a period not to exceed six months in cases where full compliance with regulations, codes or minimum standards require an extension of time. The failure to comply must not be detrimental to the health or safety of the residents and the deficiencies must be cited at the time of issuance.
Added by Acts 1958, No. 188, §1. Amended by Acts 1970, No. 541, §2; Acts 1985, No. 342, §2, eff. July 9, 1985; Acts 1986, No. 497, §1, eff. July 2, 1986.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2009.5. Investigation; issuance of license

RS 40:2009.5 - Investigation; issuance of license
Upon receipt of an application for a license hereunder, the department shall cause a thorough investigation to be made of the home proposed to be licensed and if satisfied that the minimum standards prescribed by it are met, it shall issue a license for a period of one year. The department may, either before or after the issuance of a license, designate the state fire marshal, parish and multiple parish health units, or municipal boards of health to make investigations relating to the minimum standards prescribed by it, and all such agencies shall cooperate with and comply with requests of the department hereunder. The report and recommendations of any such agency shall be in writing and shall state with particularity its findings with respect to compliance or noncompliance with such minimum standards.
Added by Acts 1958, No. 188, §1. Amended by Acts 1970, No. 541, §3.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2009.6. Denial, revocation, or nonrenewal of license; grounds

RS 40:2009.6 - Denial, revocation, or nonrenewal of license; grounds
A. An application for a license may be denied for any of the following reasons:
(1) Failure to meet any of the minimum standards prescribed by the department under R.S. 40:2009.4(A).
(2) Conviction of a felony, as shown by a certified copy of the record of the court of conviction of the applicant; or, if the applicant is a firm or corporation, conviction of any of its members or officers of a felony; or conviction of the person designated to manage or supervise the home of a felony.
(3) If the supervisor of the home is not reputable.
(4) If the staff or a member of the staff is temperamentally or otherwise unsuited for the care of the patients in the home.
B. A license may be revoked, or a renewal thereof denied for any of the following reasons:
(1) Cruelty or indifference to the welfare of the residents.
(2) Misappropriation or conversion of the property of the residents.
(3) Violation of any provision of R.S. 40:2009.1 through 2009.11 or of minimum standards, rules and regulations, or orders of the department promulgated thereunder.
(4) Any ground upon which an application for a license may be denied as prescribed in Subsection A of this Section.
(5)(a) When a nursing facility has failed to timely report or pay a fee or has been delinquent in payment of any fee owed to the department, including specifically provider fees imposed pursuant to R.S. 46:2625, on more than three occasions. Revocation shall be stayed during the pendency of any agency administrative appeal filed by a health care provider who contests or disputes the delinquency fee or fine.
(b) For purposes of this Paragraph, a nursing facility shall be considered to be delinquent on the tenth day following the date on which the report or fee is due.
Added by Acts 1958, No. 188, §1. Amended by Acts 1977, No. 680, §9; Acts 1997, No. 795, §2; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2009.7. Notice of reasons for nonrenewal or revocation of license; review; hearing

RS 40:2009.7 - Notice of reasons for nonrenewal or revocation of license; review; hearing
A. The secretary of the Louisiana Department of Health may deny an application for a license or refuse to renew a license, or may revoke an outstanding license, when he finds after investigation that the applicant or licensee is in nonconformance with or in violation of the provisions of R.S. 40:2009.6; provided that in all such cases, the secretary shall furnish the applicant or licensee thirty calendar days' written notice specifying reasons for the action.
B. The secretary, in a written notice of denial, nonrenewal, or revocation of a license shall notify the applicant or licensee of his right to file a suspensive appeal with the office of the secretary within thirty calendar days from the date the notice required in Subsection A of this Section is received by him. This appeal or request for a hearing shall specify in detail reasons why the appeal is lodged and why the appellant feels aggrieved by the action of the secretary.
C. When any appeal authorized by Subsection B of this Section is received by the secretary, if timely filed, he shall appoint an impartial three member board to conduct a hearing on the appeal at such time and place as such members deem proper, and after such hearing to render a written opinion on the issues presented at the hearing. The written decision or opinion of a majority of the members conducting the hearing shall constitute final administrative action on the appeal.
D. Any member of said board or the secretary shall have power to administer oaths and to subpoena witnesses on behalf of the board or any party in interest and compel the production of books and papers pertinent to any investigation or hearing authorized by this Chapter, provided that in all cases witness fees and transportation and similar hearing costs shall be paid by the appellant or by the Louisiana Department of Health if the appellant is found innocent of charges. Any person having been served with a subpoena who shall fail to appear in response to the subpoena or fail or refuse to answer any question or fail to produce any books or papers pertinent to any investigation or hearing or who shall knowingly give false testimony therein shall be guilty of a misdemeanor and shall upon conviction be punished by a fine of not less than one hundred dollars nor more than five hundred dollars or by imprisonment of not less than one month nor more than six months, or by both such fine and imprisonment.
Added by Acts 1958, No. 188, §1. Amended by Acts 1977, No. 680, §10; Acts 1986, No. 655, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2009.8. Right of inspection by department; records; reports; confidentiality of inspection; penalty

RS 40:2009.8 - Right of inspection by department; records; reports; confidentiality of inspection; penalty
A. Every home conducted by a licensee hereunder, and any premises proposed to be conducted by an applicant for a license, shall be open at all reasonable times to inspection by the department and by any agency designated by the department as provided in R.S. 40:2009.5.
B. Every licensee shall keep such records and make such reports as the department shall prescribe and all such records shall be open to inspection by the department.
C. Any information regarding the date and time of a proposed inspection shall be confidential, shall not be transmitted outside of the Louisiana Department of Health, and shall not be transmitted within that department except to the extent necessary to conduct the inspection. Any person who knowingly or willfully violates the provisions of this Subsection shall be fined not more than five hundred dollars or imprisoned for not more than ninety days, or both.
Added by Acts 1958, No. 188, §1; Acts 1986, No. 108, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2009.9. Term of license; renewal fee; display; transfer

RS 40:2009.9 - Term of license; renewal fee; display; transfer
A license shall expire on the last day of the twelfth month after date of issuance unless otherwise renewed. All applications for renewal, except those of places operated by a political subdivision of the state of Louisiana, shall be accompanied by a renewal fee of one hundred dollars plus three dollars per bed. The license shall be displayed in a conspicuous place inside the home. A license or provisional license shall be valid only in the hands of the person or entity to whom it is issued and shall not be subject to sale, assignment, or other transfer, voluntary or involuntary, nor shall a license or provisional license be valid for any premises other than those for which originally issued.
Added by Acts 1958, No. 188, §1. Amended by Acts 1970, No. 541, §4; Acts 1977, No. 579, §1, eff. July 15, 1977; Acts 1986, No. 497, §1, eff. July 2, 1986.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2009.10. Department reports relating to recipients of public assistance

RS 40:2009.10 - Department reports relating to recipients of public assistance
The department shall promptly report to the office of family security, the licensing status or any change thereof, of any nursing home that has any patrons who are recipients of public assistance.
Added by Acts 1958, No. 188, §1. Amended by Acts 1977, No. 680, §11; Acts 1978, No. 786, §5, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2009.10.1. Immediate jeopardy violations in a licensed nursing home

RS 40:2009.10.1 - Immediate jeopardy violations in a licensed nursing home
A. Except as otherwise provided in Subsection C of this Section, if the Louisiana Department of Health identifies an immediate jeopardy violation during the course and scope of a survey of a licensed nursing home, the department shall notify the administrator or his designee of such violation and make available an opportunity to speak via telephone with a department supervisor prior to the surveyor's exiting the facility if the survey is conducted during regular working hours. If the survey is conducted during a time not considered regular working hours, the administrator shall have the opportunity to speak with a department supervisor during the next business morning.
B. If an immediate jeopardy violation is noted, the department shall present the administrator or his designee with a warning that immediate action is required to remedy the violation and preserve appeal rights as significant fines may be imposed by the Centers for Medicare and Medicaid Services. The warning notice shall be clear and in writing in a standard form developed by the department that includes an explanation of the basis for the citation.
C. If the department identifies an immediate jeopardy violation after the department surveyors have exited the licensed nursing home, the department shall notify the administrator or his designee of such violation by telephone, shall forward the notice described in Subsection B of this Section to the administrator or his designee via electronic or facsimile transmission, and shall provide an opportunity to speak via telephone with a department supervisor during the next business morning after such notification. Such notification shall be provided to the nursing home on an expedited basis.
Acts 2016, No. 385, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2009.12. Sleeping potion, sedatives, or injections without prescription; penalties

RS 40:2009.12 - Sleeping potion, sedatives, or injections without prescription; penalties
It shall be unlawful for anyone operating a nursing home, or any employee thereof, to administer any sleeping potion or sedative or any hypodermic injections without a doctor's prescription to any patron of any such nursing home. Any violation of this Section by any employee, operator, or owner of a nursing home shall be cause for cancellation of license in accordance with the provisions of this Chapter, and such violator shall also be subject to the criminal penalties imposed by the Uniform Controlled Dangerous Substances Law, Part X of Chapter 4 of this Title, relating to narcotics or to barbiturates insofar as applicable.
Added by Acts 1958, No. 188, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2009.15. Investigation report

RS 40:2009.15 - Investigation report
A. The report of the investigation by the department shall state whether any state licensing law, or any minimum standard, rule, regulation, or plan of correction of the Louisiana Department of Health, or any federal certification rule affecting the health care provider, or any standard relating to the health, safety, care, or treatment of consumers has been violated. If such violation is found to exist, the appropriate departmental staff shall promptly provide notice to the secretary or his designee of such violation. The secretary or his designee shall take appropriate action as authorized by Subsection B of this Section. Results of the investigation, including any notification of violations or deficiencies as provided in Subsection C of this Section, shall be sent by certified mail or hand delivered to the complainant and to the health care provider.
B. Upon receipt of such notice of violation from the department, the secretary shall consider:
(1) For violation of a federal certification rule or standard, appropriate action to terminate the health care provider's participation in the Medicaid program, the Medicare program, or both.
(2) For any violation which jeopardizes the health or safety of the consumer or consumers, appropriate steps to revoke the license pursuant to the authority granted under the licensing law for that type of health care provider.
(3) For any identified violations, imposing a sanction against the health care provider as authorized by law.
C.(1) If deficient practices are identified, the department shall notify the health care provider of the violation, list the rules or laws violated, and solicit a plan of correction from the health care provider.
(2) A health care provider which is required to correct identified violations may submit a written request to the department for informal reconsideration regarding the validity of the violations of the law or rule specified in the notice. This request must be received by the department within ten days of the health care provider's receipt of the notice. The complainant shall also be afforded an opportunity to request an informal reconsideration of the findings. Such a request must be made within thirty days of the complainant's receipt of the results of the investigation. The department shall schedule the requested informal reconsideration in a timely manner.
(3) The time periods specified in this Subsection shall commence with receipt by the health care provider of the notice specifying the corrective actions to be taken.
Added by Acts 1978, No. 687, §2; Acts 1990, No. 859, §1; Acts 1997, No. 1002, §§1, 2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2009.16. Hearing

RS 40:2009.16 - Hearing
A.(1) An informal reconsideration shall constitute final action by the department except in those complaints in which the health standards section of the bureau of health services financing determines that the complaint concerns a consumer in a facility and involves issues that have resulted or are likely to result in serious harm or death to the consumer. In those complaints involving the issues of serious harm or death, as determined by the health standards section, the complainant or the provider may appeal the informal reconsideration finding to the division of administrative law. All appeals and hearings shall conform with the Administrative Procedure Act and rules established by the department and the division of administrative law.
(2) For purposes of this Section, "serious harm" is an incident which involves unconsciousness; physical pain evidenced by objective findings; disfigurement; loss or impairment of the function of a body member, organ, or mental faculty; or severe emotional distress.
B. The hearing by the division of administrative law shall be limited to the evidence presented at the informal reconsideration unless the complainant or provider has obtained additional evidence important to the issues which he could not have with due diligence obtained before or during the informal reconsideration.
C. An administrative law judge shall make a determination on the appeal based on the evidence presented as to whether the investigation was conducted properly or improperly. If the administrative law judge determines that the investigation was not conducted properly, he shall designate in writing and with specificity the methods by which a reinvestigation shall be conducted. No appeal shall lie from a reinvestigation upon a prima facie showing that the reinvestigation was conducted in accordance with the designations of the administrative law judge.
Added by Acts 1978, No. 687, §2. Acts 1997, No. 1002, §1; Acts 2014, No. 812, §2, eff. June 23, 2014.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2009.17. Retaliation by health care provider

RS 40:2009.17 - Retaliation by health care provider
No discriminatory or retaliatory action shall be taken by any health care provider or government agency against any person or client by whom or for whom any communication was made to the department or unit, provided the communication is made in good faith for the purpose of aiding the office or unit to carry out its responsibilities. Any person who knowingly or willfully violates the provisions of this Section shall be guilty of a misdemeanor and upon conviction punished by a fine of not less than one hundred dollars nor more than five hundred dollars.
Added by Acts 1978, No. 687, §2; Acts 1990, No. 859, §1; Acts 1997, No. 1002, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2009.18. Notification of the procedure

RS 40:2009.18 - Notification of the procedure
The Louisiana Department of Health shall prepare and distribute to nursing homes in quantities appropriate to carry out the intent of this Section a booklet setting forth the complaint procedure established by R.S. 40:2009.13 through 2009.17. This booklet shall include a summary of costs which the Title XIX nursing home payments cover, a list of most additional kinds of costs which could be incurred but which Title XIX nursing home payments do not cover, and other information the department deems necessary to assist the families, and the individuals admitted, to a better understanding of the adjustments relative to living in a nursing home. The booklet shall be distributed by all licensed nursing homes to all current patients and to all new patients on the date of their admission. In addition, notice of this complaint procedure, complete with the name, address, and telephone number of the licensing and certification section of the office of management and finance of the Louisiana Department of Health, shall be posted conspicuously in the nursing home at places where patients gather, including, but not limited to, the administrative office, the dining hall, the activity room, and all nurses' stations.
Added by Acts 1978, No. 687, §2; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2009.19. Notification of change

RS 40:2009.19 - Notification of change
It shall be the duty of the department to apprise all nursing homes licensed under R.S. 40:2009.6 in writing of any state law, minimum standard, rule, regulation, or order promulgated by the department and of any changes therein with which the nursing homes will be expected to comply.
Added by Acts 1978, No. 687, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2009.20. Duty to make complaints; penalty; immunity

RS 40:2009.20 - Duty to make complaints; penalty; immunity
A. As used in this Section, the following terms shall mean:
(1) "Abuse" is the infliction of physical or mental injury or the causing of the deterioration of a consumer by means including but not limited to sexual abuse, or exploitation of funds or other things of value to such an extent that his health or mental or emotional well-being is endangered.
(2) "Neglect" is the failure to provide the proper or necessary medical care, nutrition, or other care necessary for a consumer's well-being.
B.(1) Any person who is engaged in the practice of medicine, social services, facility administration, psychological or psychiatric services; or any registered nurse, licensed practical nurse, nurse's aide, home- and community-based service provider employee or worker, personal care attendant, respite worker, physician's assistant, physical therapist, or any other direct caregiver having knowledge that a consumer's physical or mental health or welfare has been or may be further adversely affected by abuse, neglect, or exploitation shall, within twenty-four hours, submit a report to the department or inform the unit or local law enforcement agency of such abuse or neglect. When the department receives a report of sexual or physical abuse, whether directly or by referral, the department shall notify the chief law enforcement agency of the parish in which the incident occurred of such report. Such notification shall be made prior to the end of the business day subsequent to the day on which the department received the report. For the purposes of this Paragraph, the chief law enforcement agency of Orleans Parish shall be the New Orleans Police Department.
(2) Any person who knowingly or willfully violates the provisions of this Section shall be fined not more than five hundred dollars or imprisoned for not more than two months, or both.
C. Any person, other than the person alleged to be responsible for the abuse or neglect, reporting pursuant to this Section in good faith shall have immunity from any civil liability that otherwise might be incurred or imposed because of such report. Such immunity shall extend to participation in any judicial proceeding resulting from such report.
D. All hospitals shall permanently display in a prominent location in their emergency rooms a copy of R.S. 40:2009.20.
Added by Acts 1982, No. 551, §1. Acts 1983, No. 98, §1; Acts 1983, No. 616, §1; Acts 1990, No. 859, §2; Acts 1997, No. 1002, §1; Acts 2002, 1st Ex. Sess., No. 80, §2; Acts 2003, No. 832, §1; Acts 2008, No. 839, §3, eff. July 8, 2008.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2009.21. Mandatory screening of nursing home Medicaid patients with mental illness or developmental disabilities; implementation, review

RS 40:2009.21 - Mandatory screening of nursing home Medicaid patients with mental illness or developmental disabilities; implementation, review
A. Public Law 100-203 establishes mandatory preadmission screening and resident review requirements for nursing care (other than ICF-DD) provided under Title XIX of the Social Security Act. Section 1919(b)(3)(F) of the Social Security Act prohibits admission of a mentally ill or mentally retarded Title XIX recipient unless the recipient requires the level of services provided by a nursing facility because of his physical and mental condition as determined by the state mental health authority or state mental retardation or developmental disability authority.
B. The Louisiana Department of Health shall establish rules and regulations to implement the mandatory preadmission and resident review requirements for nursing care (other than ICF-DD) provided under Title XIX of the Social Security Act. Such rules and regulations shall require that the department must make a determination of eligibility with regard to the first level of screening within two working days after a request is submitted to the department. If the department determines that a second level of screening is required to ascertain the mental condition of the applicant, the second level of screening shall be conducted and completed within eight working days after the completion of the first level of screening, and the applicant shall be notified of the agency's determination on the date the screening is completed. If the department fails to comply with the time limits provided for in this Subsection, the applicant shall be deemed eligible under Title XIX for placement in a nursing facility without further delay.
C. The Louisiana Department of Health, office of behavioral health shall be the state mental health authority and state developmental disability authority as provided for in the Social Security Act.
Acts 1989, No. 422, §1; Acts 2009, No. 384, §5, eff. July 1, 2010; Acts 2014, No. 811, §22, eff. June 23, 2014; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2009.22. Certification of nursing homes

RS 40:2009.22 - Certification of nursing homes
A. Beginning July 1, 2004, at the time of licensure renewal for nursing homes enrolled in the Medicaid program, those nursing homes enrolled in the Medicaid program shall also be certified for participation in the Medicare Part A skilled nursing facility program.
B. For any licensing application or renewal on or after July 1, 2004, nursing home providers may be granted a one hundred eighty-day grace period in which to certify for Medicare program participation, any beds that will be enrolled in the Medicaid program. This grace period may be granted by the Louisiana Department of Health, licensing and certification division, upon good cause shown.
C. If at time of license renewal or at any time after a grace period expires, a Medicaid nursing home provider fails to meet the requirements of Subsection A of this Section, such failure may result in Medicaid de-certification of the facility that fails to comply.
D. However, a skilled nursing facility enrolled in the Medicare Part A program shall not be required to enroll in the Medicaid program. If a Medicare certified skilled nursing facility desires to become Medicaid certified, it shall be required to comply with all requirements of the Facility Need Review program as set forth in R.S. 40:2116(B)(1) et seq.
Acts 2004, No. 317, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2009.23. Adoption of rules; denial of payments; fines; temporary management; alternate remedies

RS 40:2009.23 - Adoption of rules; denial of payments; fines; temporary management; alternate remedies
A. The Louisiana Department of Health is hereby authorized to and shall adopt rules in accordance with the Administrative Procedure Act, to provide remedies mandated by federal law which may include:
(1) The denial of payment with respect to any individual admitted to a nursing facility when mandated by federal law.
(2) The use of civil fines assessed and collected for violation of conditions mandated by federal law, such funds to be applied as mandated by federal law.
(3) The procedure and requirements concerning the appointment of temporary management of a nursing facility as mandated by federal law.
(4) The closure of a nursing facility, the transfer of residents in such facility, or both, in the case of an emergency, as mandated by federal law.
(5) Alternate remedies to deter noncompliance and correct deficiencies.
B. The department, by rule adopted pursuant to the Administrative Procedure Act, shall specify criteria as to when and how each remedy is to be applied, the amount of any fine within the limits specified by law, and the severity of the remedies to be used in the imposition of such remedies as mandated by federal law.
C. The department shall enforce rules adopted pursuant to this Section and, when determined necessary, may petition a court of competent jurisdiction to judicially enforce any such rule.
Acts 1989, No. 719, §1, eff. July 8, 1989.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2009.42. Disclosure of ownership of nursing homes; penalties

RS 40:2009.42 - Disclosure of ownership of nursing homes; penalties
A. Any person who is employed by the state of Louisiana or any agency or department thereof which regulates or licenses nursing homes and who has any ownership, interest, or is the owner, in whole or in part, of any mortgage, deed of trust, note, or other obligation secured by a nursing home licensed in this state shall disclose such information to the state licensing authority, except for those nursing homes operated by a political subdivision of the state of Louisiana.
B. Whoever violates any provision of this Section shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars.
Added by Acts 1975, No. 763, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2009.43. Culinary therapy authorized

RS 40:2009.43 - Culinary therapy authorized
Notwithstanding any contrary provision of law, rule, or regulation of any department or agency, or any local ordinance or code, licensed nursing homes or long-term care facilities may provide culinary therapy as part of a planned patient activity program for residents of said facilities.
Added by Acts 1980, No. 474, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2009.44. Nursing home leave of absence days

RS 40:2009.44 - Nursing home leave of absence days
Notwithstanding any other provision of law to the contrary, the Louisiana Department of Health shall promulgate rules and regulations which allow payment for up to seven leave-of-absence days per spell of illness, at a minimum, for each nursing home facility resident who is Medicaid-eligible, when the resident has been admitted as an inpatient to another licensed health care facility. Further, the department shall promulgate rules and regulations which allow payment for up to fifteen leave-of-absence days per year, at a minimum, for each nursing facility resident who is Medicaid-eligible, when the resident leaves such nursing facility on home leave.
Acts 1997, No. 1397, §1, eff. July 1, 1998.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2010. Itemized statement of billed services by hospitals

RS 40:2010 - Itemized statement of billed services by hospitals
Not later than ten business days after the date of discharge, each hospital in the state which is licensed by the Louisiana Department of Health shall have available an itemized statement of billed services for individuals who have received the services from the hospital. The availability of the statement shall be made known to each individual who receives service from the hospital before the individual is discharged from the hospital, and a duplicate copy of the billed services statement shall be presented to each patient within the specified ten day period. No insurance company, employee benefit trust, self-insurance plan, or other entity which is obligated to reimburse the individual or to pay for him or on his behalf the charges for the services rendered by the hospital shall pay those benefits to the individual when the itemized statement submitted to such entity clearly indicates that the individual's rights to those benefits have been assigned to the hospital. When any insurance company, employee benefit trust, self-insurance plan, or other entity has notice of such assignment prior to such payment, any payment to the insured shall not release said entity from liability to the hospital to which the benefits have been assigned, nor shall such payment be a defense to any action by the hospital against that entity to collect the assigned benefits. However, an interim statement shall be provided when requested by the patient or his authorized agent.
Acts 1986, No. 1036, §1, eff. Jan. 1, 1987; Acts 1989, No. 475, §1, eff. Jan. 1, 1990.