Title 40, Public Health and Safety
0 chapters · 3,334 sections in this title.
La. Rev. Stat. § 40:2009 Mandatory accreditation of facilities participating in the Medicaid
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§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 Accr…
La. Rev. Stat. § 40:2009.1 Repealed by Acts 2022, No
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§2009.1. Repealed by Acts 2022, No. 522, §2, eff. June 16, 2022.
La. Rev. Stat. § 40:2009.10 Department reports relating to recipients of public assistance
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§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 A…
La. Rev. Stat. § 40:2009.10.1 Immediate jeopardy violations in a licensed nursing home
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§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 hom…
La. Rev. Stat. § 40:2009.11 Violations; penalties; notice; hearings; appeal; collection and distribution of fines
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§2009.11. Violations; penalties; notice; hearings; appeal; collection and distribution of fines A. The opening or operation of a nursing home as herein defined without a license therefor shall be a misdemeanor, punishable upon conviction by a fine of not less than one thousand do…
La. Rev. Stat. § 40:2009.12 Sleeping potion, sedatives, or injections without prescription; penalties
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§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…
La. Rev. Stat. § 40:2009.13 Health care provider complaints; procedure; immunity
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§2009.13. Health care provider complaints; procedure; immunity A. The provisions of R.S. 40:2009.13 through 2009.20, excluding R.S. 40:2009.18, shall apply to all licensed health care providers and all federally participating health care providers who operate in the state of Loui…
La. Rev. Stat. § 40:2009.14 Procedure for investigation by the office; confidentiality of reports
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§2009.14. Procedure for investigation by the office; confidentiality of reports A.(1) The office of the department assigned to investigate the report shall review the report and determine whether there are reasonable grounds for an investigation. No report shall be investigated i…
La. Rev. Stat. § 40:2009.15 Investigation report
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§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…
La. Rev. Stat. § 40:2009.16 Hearing
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§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 invo…
La. Rev. Stat. § 40:2009.17 Retaliation by health care provider
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§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 …
La. Rev. Stat. § 40:2009.18 Notification of the procedure
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§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 2009.1…
La. Rev. Stat. § 40:2009.19 Notification of change
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§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 nur…
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. § 40:2009.31 [Blank]
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§2009.31. [Blank]
La. Rev. Stat. § 40:2009.32 [Blank]
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La. Rev. Stat. § 40:2009.33 [Blank]
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La. Rev. Stat. § 40:2009.34 [Blank]
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La. Rev. Stat. § 40:2009.35 [Blank]
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La. Rev. Stat. § 40:2009.36 [Blank]
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La. Rev. Stat. § 40:2009.37 [Blank]
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La. Rev. Stat. § 40:2009.38 [Blank]
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La. Rev. Stat. § 40:2009.39 [Blank]
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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. § 40:2009.40 [Blank]
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§2009.40. [Blank]
La. Rev. Stat. § 40:2009.41 Repealed by Acts 1985, No
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§2009.41. Repealed by Acts 1985, No. 912, §2.
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…