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0 chapters · 2,393 sections in this title.
La. Rev. Stat. § 40:2193.4 Department rules; regulations; licensing standards
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§2193.4. Department rules; regulations; licensing standards The department shall promulgate rules and regulations in accordance with the Administrative Procedure Act as may be necessary to carry into effect the provisions of this Part. Such rules and regulations shall include but…
La. Rev. Stat. § 40:2193.5 Additional licenses; moratorium; exceptions
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§2193.5. Additional licenses; moratorium; exceptions A. Except as provided in Subsection C of this Section, and subject to approval by the Centers for Medicare and Medicaid Services, the Louisiana Department of Health shall implement a moratorium on additional licenses for pediat…
La. Rev. Stat. § 40:2193.6 Cameras; condition of licensure
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§2193.6. Cameras; condition of licensure A. Each pediatric day health care facility shall provide for the installation and operation at its licensed premises of cameras that record both video and audio. Compliance with the provisions of this Section shall be a condition of a pedi…
La. Rev. Stat. § 40:2195 Community-based and rural health care program
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§2195. Community-based and rural health care program A. The Louisiana Department of Health is authorized to establish, subject to the availability of funding, a community-based and rural health care program to expand health care and medical services access to local communities an…
La. Rev. Stat. § 40:2195.1 State office of rural health
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§2195.1. State office of rural health A. Within the Louisiana Department of Health, the Louisiana state office of rural health shall: (1) Administer the community-based and rural health care program as provided in R.S. 40:2195 et seq. (2) Provide state general funds, as appropria…
La. Rev. Stat. § 40:2195.2 Grants and funding; Community-Based and Rural Health Care Fund
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§2195.2. Grants and funding; Community-Based and Rural Health Care Fund A. Subject to the availability of funding, the Louisiana Department of Health is authorized to provide: (1) Grants to rural hospitals in amounts not to exceed seventy-five thousand dollars per year in order t…
La. Rev. Stat. § 40:2195.3 Rural referral centers
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§2195.3. Rural referral centers The Louisiana Department of Health shall, subject to federal approval, provide for adjustments in the disproportionate share Medicaid reimbursement formula to provide increased support for hospitals which are classified as rural referral centers. A…
La. Rev. Stat. § 40:2195.4 Rules and regulations
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§2195.4. Rules and regulations The Louisiana Department of Health shall promulgate, in accordance with provisions of the Administrative Procedure Act, rules and regulations necessary to implement the community-based and rural health care program. The rules and regulations promulg…
La. Rev. Stat. § 40:2197 Licensure of rural health clinics
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§2197. Licensure of rural health clinics A. In order to receive certification by the Health Care Financing Administration, or its successor, and designated reimbursement for any rural health clinic service under Medicaid or Medicare, a rural health clinic, as defined herein, shal…
La. Rev. Stat. § 40:2198.11 Definitions
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§2198.11. Definitions As used in this Part, the following definitions shall apply unless the content clearly states otherwise: (1) "Board" means the Louisiana State Board of Medical Examiners. (2) "Department" means the Louisiana Department of Health. (3) "Pain management clinic"…
La. Rev. Stat. § 40:2198.12 Licensure of pain management clinics; rules and regulations
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§2198.12. Licensure of pain management clinics; rules and regulations A. Except as provided in Subsection D of this Section, all pain management clinics shall be owned and operated by a physician certified in the subspecialty of pain management by a member board of the American B…
La. Rev. Stat. § 40:2198.13 Annual fee; use of proceeds
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§2198.13. Annual fee; use of proceeds There shall be an annual license fee to be set by the department not to exceed one thousand dollars for any license issued in accordance with the provisions of this Part. Monies collected for annual fees shall be used for the investigation an…
La. Rev. Stat. § 40:2199 Violations; penalties; fines; notice; hearings; appeal; licensed entities
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§2199. Violations; penalties; fines; notice; hearings; appeal; licensed entities A.(1) For purposes of this Subpart, "facility" shall mean any one or more of the following: an adult day health care facility, substance abuse/addiction treatment facility, ambulatory surgery center,…
La. Rev. Stat. § 40:2199.1 Adoption of rules; violations; alternate remedies
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§2199.1. Adoption of rules; violations; 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 for healthcare facilities which have violations of the licensure …
La. Rev. Stat. § 40:2199.11 Purpose
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§2199.11. Purpose The purpose of this Subpart is to protect public health and safety by establishing policies and practices through which incidents of workplace violence in healthcare settings can be properly addressed, mitigated, and, wherever possible, prevented. Acts 2022, No.…
La. Rev. Stat. § 40:2199.12 Definitions
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§2199.12. Definitions As used in this Subpart, the following terms have the meaning ascribed to them in this Section: (1) "Department" means the Louisiana Department of Health and any healthcare professional licensing board transferred to and placed within the department pursuant…
La. Rev. Stat. § 40:2199.13 Licensed healthcare facilities; signage addressing workplace violence required
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§2199.13. Licensed healthcare facilities; signage addressing workplace violence required A. Each regulated entity shall display at its premises at least one sign that conforms with the specifications of Subsection B of this Section and indicates that abuse of or workplace violenc…
La. Rev. Stat. § 40:2199.14 Healthcare workplace violence; public information
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§2199.14. Healthcare workplace violence; public information A. The department shall develop, publish, and maintain public information regarding the issue of healthcare workplace violence on its website. B. The information provided by the department pursuant to this Section shall …
La. Rev. Stat. § 40:2199.15 Healthcare workplace violence prevention plans
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§2199.15. Healthcare workplace violence prevention plans A.(1) Each regulated entity shall develop and maintain a workplace violence prevention plan that includes, at minimum, all of the following resources: (a) Resources for ongoing education on the issue of workplace violence. …
La. Rev. Stat. § 40:2199.16 Acts of workplace violence at licensed healthcare facilities; reporting required
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§2199.16. Acts of workplace violence at licensed healthcare facilities; reporting required A. Each regulated entity shall report to the proper authority, as required by the entity's workplace violence prevention plan, any instance of workplace violence that occurs on its property…
La. Rev. Stat. § 40:2199.17 Retaliation in connection with reporting healthcare workplace violence;
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§2199.17. Retaliation in connection with reporting healthcare workplace violence; prohibition A. No regulated entity shall take any retaliatory action against a person who, in good faith, reports an allegation of or an instance of workplace violence. B. No regulated entity shall …
La. Rev. Stat. § 40:2199.18 Enforcement
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§2199.18. Enforcement A. The department or a licensing board may take action against any license it has issued to a regulated entity or an owner of such an entity, up to and including license revocation, to enforce the provisions of this Subpart. The department may make appropria…
La. Rev. Stat. § 40:2199.19 Rulemaking
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§2199.19. Rulemaking The department and each licensing board shall promulgate in accordance with the Administrative Procedure Act all such rules as are necessary to implement the provisions of this Subpart. Acts 2022, No. 461, §§1, 2B.
La. Rev. Stat. § 40:22 Removal of parish or district health officer; Orleans Parish health
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§22. Removal of parish or district health officer; Orleans Parish health director A parish or district health officer who is not in the classified service of the state may be removed from office, after thirty days written notice by either the state health officer or the governing…
La. Rev. Stat. § 40:2200.1 Definitions
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§2200.1. Definitions For the purposes of this Part, "Alzheimer's special care unit" means any adult residential care provider, as defined in R.S. 40:2166.3, or nursing home, as defined in R.S. 40:2009.2, that segregates or provides a special program or special unit for residents …
La. Rev. Stat. § 40:2200.11 Surgical smoke plume evacuation policy required
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§2200.11. Surgical smoke plume evacuation policy required A. For the purposes of this Section, "surgical smoke plume" means the byproduct of using heat-producing equipment on tissue during surgery. B. Healthcare facilities licensed pursuant to this Chapter which provide any surgi…
La. Rev. Stat. § 40:2200.2 Dementia training; nursing facilities and Alzheimer's special care units
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§2200.2. Dementia training; nursing facilities and Alzheimer's special care units A. All persons employed by a nursing home, as defined in R.S. 40:2009.2, shall be trained, in accordance with the provisions of this Section, in dementia training issues and practices that include o…
La. Rev. Stat. § 40:2200.3 Dementia training for adult residential care providers licensed by the Louisiana
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§2200.3. Dementia training for adult residential care providers licensed by the Louisiana Department of Health A. All persons employed by an adult residential care provider, as defined in R.S. 40:2166.3, shall be trained, in accordance with the provisions of this Section, in deme…
La. Rev. Stat. § 40:2200.4 Approved dementia training
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§2200.4. Approved dementia training Any dementia specific training received in a nursing or nursing assistant program approved by the Louisiana Department of Health or the Department of Children and Family Services may be used to fulfill the training hours required pursuant to th…
La. Rev. Stat. § 40:2200.5 Rules and regulations
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§2200.5. Rules and regulations By April 1, 2009, the Louisiana Department of Health shall promulgate rules and regulations, in accordance with the Administrative Procedure Act, necessary to implement this Part. Such rules and regulations shall include but not be limited to the qu…
La. Rev. Stat. § 40:2200.7.1 Legislative intent
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§2200.7.1. Legislative intent A. The legislature hereby finds and declares that: (1) It is the intent of the legislature that existing health programs and services educate healthcare professionals on the importance of early detection and timely diagnosis of cognitive impairment a…
La. Rev. Stat. § 40:2200.7.2 Alzheimer's and other dementia diseases training; rulemaking
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§2200.7.2. Alzheimer's and other dementia diseases training; rulemaking A. The Louisiana Department of Health shall, in its existing public health programs and services, educate healthcare providers on all of the following: (1) The importance of effective care planning, including…
La. Rev. Stat. § 40:2201 Legislative considerations
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§2201. Legislative considerations A. The legislature recognizes that health care costs have risen greatly over the past decade and must be contained without jeopardizing: (1) The quality of care received by patients. (2) The ability of health care providers to maintain, update, a…
La. Rev. Stat. § 40:2202 Definitions
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§2202. Definitions As used in this Part, the following definitions shall apply: (1) "Alternative rates of payment" shall mean the rate at which or sum for which the provider agrees to perform specified services. The rate shall be negotiated between purchaser and provider and shal…
La. Rev. Stat. § 40:2203 Authorization for preferred provider organizations
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§2203. Authorization for preferred provider organizations A. Any group purchaser may contract with any provider in any contractual agreement or agreements to form a preferred provider organization. B. Such agreement shall not be construed to authorize a group purchaser to furnish…
La. Rev. Stat. § 40:2203.1 Prohibition of certain practices by preferred provider organizations
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§2203.1. Prohibition of certain practices by preferred provider organizations A. Except as otherwise provided in this Subsection, the requirements of this Section shall apply to all preferred provider organization agreements that are applicable to medical services rendered in thi…
La. Rev. Stat. § 40:2204 Hospital participation; tangible benefit presumed
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§2204. Hospital participation; tangible benefit presumed A. Whenever any hospital or governmental body is a party to a preferred provider organization contract, there shall be a rebuttable presumption that such hospital or governmental body contracted with the expectation of rece…
La. Rev. Stat. § 40:2205 Utilization reviews; relief from liability and discovery; standards compliance
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§2205. Utilization reviews; relief from liability and discovery; standards compliance Notwithstanding any other provision of law, any health care provider licensed in this state who participates in quality of care or utilization reviews by a peer review committee, as a peer revie…
La. Rev. Stat. § 40:2206 Obstetrician or gynecological examination; coverage
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§2206. Obstetrician or gynecological examination; coverage A.(1) Every preferred provider organization authorized under this Part shall not prevent any individual who is a recipient of health care or a beneficiary of any such preferred provider organization from selecting an empa…
La. Rev. Stat. § 40:2207 Requirements of provider contracts
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§2207. Requirements of provider contracts A. A health maintenance organization, managed care organization, or their contracting entities shall not include provisions in their contracts with health care providers which include incentive or specific payment made directly, in any fo…
La. Rev. Stat. § 40:2208 Interpreter services for the deaf and hard of hearing; expenses; coverage
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§2208. Interpreter services for the deaf and hard of hearing; expenses; coverage As a requirement for authorization to do business in this state pursuant to R.S. 40:2203, all preferred provider organizations shall provide coverage for expenses incurred by any covered patient who …
La. Rev. Stat. § 40:2210 Prohibited discrimination; prenatal test results; genetic information
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§2210. Prohibited discrimination; prenatal test results; genetic information Every preferred provider organization authorized under this Part shall comply with the provisions of R.S. 22:1022 and 1023, relative to the use of prenatal test results and genetic information. Acts 1997…
La. Rev. Stat. § 40:2211 Definitions
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§2211. Definitions For the purposes of this Part: (1) "Department" means the Louisiana Department of Health. (2) "Enrollee" means any Medicaid recipient or indigent, uninsured, or underinsured person enrolled in a qualified plan for the provision of health care services whose enr…
La. Rev. Stat. § 40:2212 Basic benefit plans
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§2212. Basic benefit plans A. A qualified plan shall provide full disclosure of services to each enrollee or prospective enrollee, including covered benefits, restrictions and/or limitations, specialty care, prescription drugs and biologics, the inclusion of essential community p…
La. Rev. Stat. § 40:2213 Lactation consultants; registry; qualifications
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§2213. Lactation consultants; registry; qualifications A. The office of public health of the Louisiana Department of Health shall create a registry of persons certified in the state of Louisiana to provide services as a lactation consultant. B. To be eligible for inclusion on the…
La. Rev. Stat. § 40:2221 Definitions
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§2221. Definitions For the purposes of this Part: (1) "Department" means the Louisiana Department of Health. (2) "Enrollee" means any Medicaid recipient or indigent, uninsured, or underinsured person enrolled in a qualified plan for the provision of health care services whose enr…
La. Rev. Stat. § 40:2222 Certification of organizations providing qualified plans
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§2222. Certification of organizations providing qualified plans A. No health maintenance organization, health insurance organization, managed care organization, or other entity may contract with the state to provide a qualified plan to an enrollee unless so certified by the depar…
La. Rev. Stat. § 40:2223 Limitations on implementation
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§2223. Limitations on implementation The secretary shall not implement the provisions of this Part unless a federal Medicaid waiver submitted to the United States Department of Health and Human Services, Health Care Financing Administration, or its successor, on or after December…
La. Rev. Stat. § 40:2231 Definitions
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§2231. Definitions For the purposes of this Part: (1) "Department" means the Louisiana Department of Health. (2) "Enrollee" means any Medicaid recipient or indigent, uninsured, or underinsured person enrolled in a qualified plan for the provision of health care services whose enr…
La. Rev. Stat. § 40:2232 Rights of each enrollee
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§2232. Rights of each enrollee A. Each enrollee shall have the right to courteous treatment, timely referral and access to specialty care, reasonable choice of providers as provided in the basic benefit plan, and confidential communications with caregivers as provided by law. B. …
