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La. Rev. Stat. § 40:2009.2 Definitions
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§2009.2. Definitions For the purposes of R.S. 40:2009.1 through 2009.19, unless the context otherwise requires: (1) "Department" shall mean the Louisiana Department of Health. (2) "Health care facility" means any provider of health services which is approved to receive Medicaid p…
La. Rev. Stat. § 40:2009.20 Duty to make complaints; penalty; immunity
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§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 exp…
La. Rev. Stat. § 40:2009.21 Mandatory screening of nursing home Medicaid patients with mental illness or
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§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) provi…
La. Rev. Stat. § 40:2009.22 Certification of nursing homes
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§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 n…
La. Rev. Stat. § 40:2009.23 Adoption of rules; denial of payments; fines; temporary
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§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 wh…
La. Rev. Stat. § 40:2009.24 Alternative electrical power source required
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§2009.24. Alternative electrical power source required A. Nursing facilities shall have a generator or other Louisiana Department of Health approved alternate electrical power source in the event of the loss of primary electrical power in accordance with this Section. B. The gene…
La. Rev. Stat. § 40:2009.25 Emergency preparedness plans for nursing homes; requirements; Nursing Home
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§2009.25. Emergency preparedness plans for nursing homes; requirements; Nursing Home Emergency Preparedness Review Committee; rules and regulations A. As used in this Section, the following terms have the meaning ascribed to them in this Subsection: (1) "Department" means the Lou…
La. Rev. Stat. § 40:2009.3 Licensing of nursing homes; applications; fees; disposition of fees
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§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…
La. Rev. Stat. § 40:2009.4 Standards prescribed
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§2009.4. Standards prescribed A. The department shall prescribe and publish minimum standards in relation to: (1) Location and construction of the home. (2) Number and qualifications of personnel. (3) Sanitary conditions. (4) Diet related to the needs of each resident. (5) Equipm…
La. Rev. Stat. § 40:2009.4.1 Supervised automatic sprinkler systems; requirements
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§2009.4.1. Supervised automatic sprinkler systems; requirements A.(1) By January 1, 2008, all nursing homes shall be protected throughout by a supervised automatic fire sprinkler system. By December 31, 2006, completed sprinkler plans for these systems shall be submitted to the s…
La. Rev. Stat. § 40:2009.42 Disclosure of ownership of nursing homes; penalties
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§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 mo…
La. Rev. Stat. § 40:2009.43 Culinary therapy authorized
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§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 acti…
La. Rev. Stat. § 40:2009.44 Nursing home leave of absence days
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§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 eac…
La. Rev. Stat. § 40:2009.45 Personal needs allowance
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§2009.45. Personal needs allowance A. The Louisiana Department of Health shall set the monthly personal needs allowance for an institutionalized individual to an amount not less than fifty dollars and the monthly personal needs allowance for an institutionalized couple to an amou…
La. Rev. Stat. § 40:2009.5 Investigation; issuance of license
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§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 is…
La. Rev. Stat. § 40:2009.6 Denial, revocation, or nonrenewal of license; grounds
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§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 sho…
La. Rev. Stat. § 40:2009.7 Notice of reasons for nonrenewal or revocation of license; review;
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§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 t…
La. Rev. Stat. § 40:2009.8 Right of inspection by department; records; reports; confidentiality
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§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 th…
La. Rev. Stat. § 40:2009.9 Term of license; renewal fee; display; transfer
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§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…
La. Rev. Stat. § 40:2010 Itemized statement of billed services by hospitals
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§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…
La. Rev. Stat. § 40:2010.1 Definitions
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§2010.1. Definitions For the purpose of R.S. 40:2010.1 through R.S. 40:2010.5 unless the context otherwise requires: (1) "Agency" means any department, division, office, bureau, board, commission, authority, or any other agency or instrumentality created by the state, or to which…
La. Rev. Stat. § 40:2010.10 Provision of annual licensing survey results to all residents and potential residents of
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§2010.10. Provision of annual licensing survey results to all residents and potential residents of nursing homes A. All nursing homes shall during the admission process provide notification to the applicant that the applicant may receive a copy of the annual licensing survey as w…
La. Rev. Stat. § 40:2010.2 Establishment of the office of the ombudsman
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§2010.2. Establishment of the office of the ombudsman The office of the state long-term care ombudsman is established in the office of elderly affairs for the purpose of assisting residents of facilities within this state. The office shall by administrative rule specify the educa…
La. Rev. Stat. § 40:2010.3 Ombudsman; functions and responsibilities
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§2010.3. Ombudsman; functions and responsibilities A. The ombudsman shall have the following functions and responsibilities: (1) To visit facilities on a regular basis in order to become acquainted with residents, residents' families, facility administration and facility personne…
La. Rev. Stat. § 40:2010.4 Ombudsman; powers; prohibition of interference; penalties
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§2010.4. Ombudsman; powers; prohibition of interference; penalties A. The ombudsman shall have immediate access to any resident in the reasonable pursuit of his functions and responsibilities, shall inform the administrator or person in charge of his presence upon entering the fa…
La. Rev. Stat. § 40:2010.5 Confidentiality of records; liability
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§2010.5. Confidentiality of records; liability The ombudsman and any agency that receives information from the ombudsman shall maintain as confidential all matters relating to any inquiry or referral, including the identities of the residents, unless the resident or a legal repre…
La. Rev. Stat. § 40:2010.6 Legislative intent
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§2010.6. Legislative intent The legislature finds that persons residing within nursing homes are isolated from the community and often lack the means to assert their rights as individual citizens. The legislature further recognizes the need for these persons to live within the le…
La. Rev. Stat. § 40:2010.7 Definitions
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§2010.7. Definitions For the purpose of R.S. 40:2010.6 through R.S. 40:2010.9, unless the context otherwise requires: (1) "Ancillary service" means, but is not limited to, podiatry, dental, audiology, vision, physical therapy, occupational therapy, psychological and social servic…
La. Rev. Stat. § 40:2010.8 Residents' bill of rights
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§2010.8. Residents' bill of rights A. All nursing homes shall adopt and make public a statement of the rights and responsibilities of the residents residing therein and shall treat such residents in accordance with the provisions of the statement. The statement shall assure each …
La. Rev. Stat. § 40:2010.9 Civil enforcement
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§2010.9. Civil enforcement A. Any resident who alleges that his rights, as specified in R.S. 40:2010.8, have been deprived or infringed upon may assert a cause of action for injunctive relief against any nursing home or health care facility responsible for the alleged violation. …
La. Rev. Stat. § 40:2011 Immunization information; shingles; pneumonia
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§2011. Immunization information; shingles; pneumonia A. No later than September first of each year and in accordance with the latest recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, the Louisiana Department of …
La. Rev. Stat. § 40:2012.1 Admission of indigent patients
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§2012.1. Admission of indigent patients Any indigent person suffering with tuberculosis who has resided in Louisiana for a period of one year may be admitted to any tuberculosis hospital operated by the Louisiana Department of Health upon the recommendation of any registered phys…
La. Rev. Stat. § 40:2012.2 Admission of pay patients; disposition of proceeds
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§2012.2. Admission of pay patients; disposition of proceeds Patients suffering with tuberculosis who are able to pay for hospitalization in a hospital operated by the department shall reimburse the hospital for expenses of their hospitalization, medical services, drugs, and medic…
La. Rev. Stat. § 40:2012.3 Transportation of indigent patients to hospital; expenses
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§2012.3. Transportation of indigent patients to hospital; expenses A. Upon being shown the certificate of the superintendent of the hospital entitling an indigent tuberculosis patient to admission to a state-owned tuberculosis hospital, the parish sheriff shall arrange for the tr…
La. Rev. Stat. § 40:2013 Louisiana Department of Health as mental health and developmental disabilities
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§2013. Louisiana Department of Health as mental health and developmental disabilities authority The Louisiana Department of Health in addition to other powers and duties conferred upon it by this Chapter, is hereby designated as the sole agency: (1) For carrying out the purposes …
La. Rev. Stat. § 40:2013.1 Mental health clinics; authority of physicians to render certain opinions
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§2013.1. Mental health clinics; authority of physicians to render certain opinions Any licensed physician serving on the staff of any mental health clinic covered under the provisions of the Community Mental Health Centers Act, Title II of P.L. 88-164, is hereby required, when re…
La. Rev. Stat. § 40:2013.2 Appointment of chaplains; compensation
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§2013.2. Appointment of chaplains; compensation A. The Louisiana Department of Health may provide for the services on a contractual basis of a Catholic priest and a minister of the other non-Catholic predominating religious denomination of patients in each of the hospitals under …
La. Rev. Stat. § 40:2013.3 Superintendent to furnish report on patient's condition
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§2013.3. Superintendent to furnish report on patient's condition Superintendents of all hospitals for persons with mental illness administered by the Louisiana Department of Health are required upon written request of the coroner of the parish from which the patient was committed…
La. Rev. Stat. § 40:2013.54 Department sole agency for federal mental health programs
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§2013.54. Department sole agency for federal mental health programs The Louisiana Department of Health being designated by law as the sole agency in Louisiana for carrying out the purposes of the National Mental Health Act, Public Law 79-487 1 ; the Maternal and Child Health and …
La. Rev. Stat. § 40:2014.1 Superintendents to furnish reports on patients
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§2014.1. Superintendents to furnish reports on patients The superintendents of all general hospitals administered by the Louisiana Department of Health are hereby authorized and directed to furnish, upon written request of the doctor who refers the patient to such hospital, a rep…
La. Rev. Stat. § 40:2017 Care of sick persons who are indigent or destitute; maintenance
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§2017. Care of sick persons who are indigent or destitute; maintenance A. The department may, in addition to the powers conferred on it by this Chapter and in accordance with the provisions of this Chapter, exercise the following functions: (1) Provide for the care and treatment,…
La. Rev. Stat. § 40:2017.10 Emergency medical services program; cooperation of other state departments
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§2017.10. Emergency medical services program; cooperation of other state departments A. The Louisiana Department of Health shall establish, maintain, and operate an effective program which will provide adequate emergency medical services for persons injured on the roads and highw…
La. Rev. Stat. § 40:2017.11 Fees for review of plans
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§2017.11. Fees for review of plans There shall be a charge of five dollars per page for all plans or specifications for hospitals, ambulatory surgical centers, nursing homes, and group or community homes or other residential living options which are submitted for review to the De…
La. Rev. Stat. § 40:2017.12 Prepayment by hospitals of Medicaid settlement
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§2017.12. Prepayment by hospitals of Medicaid settlement A. Any hospital licensed by the state of Louisiana shall be allowed to participate in prepayment of anticipated or owed Medicaid settlements, payable to the secretary of the Louisiana Department of Health with refund to sai…
La. Rev. Stat. § 40:2017.3 Regulations fixing minimum standards
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§2017.3. Regulations fixing minimum standards The Louisiana Department of Health shall by regulations prescribe minimum standards of maintenance and operation of hospitals which have received or may receive federal aid for construction under the federal act and the state plan in …
La. Rev. Stat. § 40:2017.4 Additional hospitals; surveys and approval
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§2017.4. Additional hospitals; surveys and approval In addition to the duties imposed on the department relative to the Federal Hospital Survey and Construction Act, the department shall make studies to determine if there is a need for, and if the need is found to exist to secure…
La. Rev. Stat. § 40:2017.5 Promotion of nurse education program
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§2017.5. Promotion of nurse education program The department is further authorized and directed to cooperate with all agencies, both public and private, in promoting a program of nurse education, including the establishment wherever feasible of additional schools for training stu…
La. Rev. Stat. § 40:2017.6 Acceptance of federal funds; notice of public hearing
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§2017.6. Acceptance of federal funds; notice of public hearing A. The department may accept on behalf of the state any federal funds made to assist in meeting the cost of carrying out the purposes of any part of this Chapter. Moneys received from the federal government for a cons…
La. Rev. Stat. § 40:2017.7 Enforcement of rules and regulations
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§2017.7. Enforcement of rules and regulations It shall be the duty of the secretary as executive head of the department to enforce all rules, standards, regulations and orders of the department and for these purposes he may institute and prosecute mandamus or injunction suits aga…
La. Rev. Stat. § 40:2017.8 Administration of oaths and taking of testimony
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§2017.8. Administration of oaths and taking of testimony The secretary, the general counsel, the personnel officer in the central office, and all superintendents and business administrators shall have the power to administer oaths and take testimony of witnesses anywhere in the s…
