Title 40, Public Health and Safety
0 chapters · 3,334 sections in this title.
La. Rev. Stat. § 40:2120.26 Repealed by Acts 2008, No
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§2120.26. Repealed by Acts 2008, No. 839, §5, eff. July 8, 2008.
La. Rev. Stat. § 40:2120.3 Licensure of home- and community-based service providers
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§2120.3. Licensure of home- and community-based service providers A. No home- and community-based service provider may be established or operated or be reimbursed under the Medicaid program for such services unless licensed to perform such services by the department. B. A license…
La. Rev. Stat. § 40:2120.31 Short title
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§2120.31. Short title This Part may be cited as the "Adult Brain Injury Facility Licensing Law". Acts 2005, No. 245, §1, eff. June 29, 2005.
La. Rev. Stat. § 40:2120.32 Legislative intent; declaration of purpose and policy
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§2120.32. Legislative intent; declaration of purpose and policy A. It is the intent of the legislature to protect the health, safety, and well-being of the citizens of the state who suffer from brain injuries and are receiving care in an adult brain injury facility. In instances …
La. Rev. Stat. § 40:2120.33 Definitions
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§2120.33. Definitions As used in this Part, the following terms have the meaning ascribed in this Section unless the context clearly indicates otherwise: (1) "Acquired brain injury" means an injury to the brain that has occurred after birth and is not hereditary, congenital, or d…
La. Rev. Stat. § 40:2120.34 Licensing; applications; provisional licenses; fees
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§2120.34. Licensing; applications; provisional licenses; fees A. All adult brain injury facilities, including facilities or agencies owned or operated by any governmental, profit, nonprofit, private, or church agency, shall be licensed. B. Application for license shall be to the …
La. Rev. Stat. § 40:2120.35 Rules, regulations, and standards for licenses
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§2120.35. Rules, regulations, and standards for licenses A. The department shall promulgate rules and regulations to carry out the provisions of this Part in accordance with the provisions of the Administrative Procedure Act. B. The department shall promulgate minimum standards f…
La. Rev. Stat. § 40:2120.36 Inspections
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§2120.36. Inspections The department, through its duly authorized agents, shall inspect at regular intervals as may be deemed necessary by the department, and without previous notice all adult brain injury facilities, subject to the provisions of this Part. The department shall a…
La. Rev. Stat. § 40:2120.37 Complaints
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§2120.37. Complaints A. The department, through its duly authorized agents, shall investigate all complaints against any adult brain injury facility as defined in this Part. The department may take such action as is authorized by R.S. 40:2120.38 through 2120.40. B. The department…
La. Rev. Stat. § 40:2120.38 Denial or revocation of license; written notice; appeal procedure
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§2120.38. Denial or revocation of license; written notice; appeal procedure A. The department may deny, suspend, or revoke a license in any case in which there has been a failure of the applicant or licensee to comply with the requirements of this Part or the rules, regulations, …
La. Rev. Stat. § 40:2120.39 Operating without license or in violation of departmental regulations; penalty
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§2120.39. Operating without license or in violation of departmental regulations; penalty A. Whoever operates any adult brain injury facility, as defined in this Part, without a valid license issued by the department, or in violation of departmental regulations, shall be fined by …
La. Rev. Stat. § 40:2120.4 Rules and regulations; licensing standards
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§2120.4. Rules and regulations; licensing standards A. The licensing agency of the department is hereby authorized and directed to promulgate and publish rules, regulations, and licensing standards, in accordance with the Administrative Procedure Act, to provide for the licensure…
La. Rev. Stat. § 40:2120.40 Operating without a license or in violation of departmental regulations; injunctive relief
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§2120.40. Operating without a license or in violation of departmental regulations; injunctive relief If any adult brain injury facility operates without a valid license issued by the department, or in violation of departmental regulations, the department may cause a civil suit to…
La. Rev. Stat. § 40:2120.41 Purpose
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§2120.41. Purpose The purpose of this Part is to provide an alternative to or a possible prevention of institutionalization of physically, mentally, or functionally impaired adults and to provide for the maintenance of services made available by adult day health care providers. A…
La. Rev. Stat. § 40:2120.42 Definitions
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§2120.42. Definitions As used in this Part: (1) "Adult day health care" means a medical model adult day health care program designed to provide services for medical, nursing, social, care management, and personal care needs to adults who are functionally impaired. Such services a…
La. Rev. Stat. § 40:2120.43 Licensure of adult day health care providers
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§2120.43. Licensure of adult day health care providers A. No agency, institution, society, corporation, person or persons, or any other group providing adult day health care services may be established or operated or be reimbursed under the Medicaid program for such services unle…
La. Rev. Stat. § 40:2120.44 Rules and regulations; licensing standards
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§2120.44. Rules and regulations; licensing standards A. The department is hereby authorized and directed to promulgate and publish rules, regulations, and licensing standards, in accordance with the Administrative Procedure Act, to provide for the licensure of adult day health ca…
La. Rev. Stat. § 40:2120.45 License issuance; application; onsite inspection
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§2120.45. License issuance; application; onsite inspection A. Each application for licensure of an adult day health care provider shall be submitted to the department on forms prescribed by the department and shall contain such information as the department may require. Additiona…
La. Rev. Stat. § 40:2120.46 Operation without license; penalty
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§2120.46. Operation without license; penalty A. An adult day health care provider shall not operate without a license issued by the department. Any such provider operating without a license shall be guilty of a misdemeanor and upon conviction shall be fined no less than one hundr…
La. Rev. Stat. § 40:2120.47 Moratorium; exceptions
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§2120.47. Moratorium; exceptions A. The department shall implement a moratorium on adult health care providers enrolled in the Title XIX program. Under this moratorium, the department shall not approve or enroll any new or additional adult day health care providers into the Title…
La. Rev. Stat. § 40:2120.5 License issuance; application; onsite inspection
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§2120.5. License issuance; application; onsite inspection A. Each application for licensure of a home- and community-based service provider shall be submitted to the department on forms provided by the licensing agency and shall contain such information as that agency may require…
La. Rev. Stat. § 40:2120.51 Definitions
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§2120.51. Definitions As used in this Part, the following definitions shall apply unless the content clearly states otherwise: (1) "Certified nurse aide" means a certified nursing assistant or certified nurse aide employed by a nursing facility or contracted by a nursing facility…
La. Rev. Stat. § 40:2120.52 State registration of certified nurse aides in nursing facilities
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§2120.52. State registration of certified nurse aides in nursing facilities A. Beginning August 15, 2010, a certified nurse aide employed by a nursing facility or contracted by a nursing facility to provide nursing assistant services to the residents of a nursing facility shall b…
La. Rev. Stat. § 40:2120.53 Rules and regulations; standards
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§2120.53. Rules and regulations; standards A. The department is hereby authorized and directed to promulgate and publish rules, regulations, and standards in accordance with the Administrative Procedure Act, to provide for the registration of certified nurse aides and to provide …
La. Rev. Stat. § 40:2120.54 Duties of the department to investigate complaints against certified nurse aides; complaint allegations; restricted registration; reinstatement
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§2120.54. Duties of the department to investigate complaints against certified nurse aides; complaint allegations; restricted registration; reinstatement A. In addition to other investigations as required by state or federal regulation, the department shall investigate the follow…
La. Rev. Stat. § 40:2120.55 Duties of the nursing facility
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§2120.55. Duties of the nursing facility Prior to employing or contracting with a certified nurse aide, a nursing facility shall verify through the Louisiana's Certified Nurse Aide Registry that the certified nurse aide is currently certified and has a current state registration.…
La. Rev. Stat. § 40:2120.56 Repealed by Acts 2011, No
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§2120.56. Repealed by Acts 2011, No. 132, §1, eff. June 24, 2011.
La. Rev. Stat. § 40:2120.57 Certified nurse aide; medical staffing agencies
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§2120.57. Certified nurse aide; medical staffing agencies A. Any medical staffing agency employing or contracting with a certified nurse aide shall, before employing or contracting with a certified nurse aide, verify that the certified nurse aide is certified and listed on the Lo…
La. Rev. Stat. § 40:2120.6 Operation without license; penalty
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§2120.6. Operation without license; penalty A. A home- and community-based service provider shall not operate without a license issued by the licensing agency, regardless of provider payor source. Any such facility or provider operating without a license shall be guilty of a misd…
La. Rev. Stat. § 40:2120.61 Short title
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§2120.61. Short title This Part shall be known and may be cited as the "Licensing Program for All-Inclusive Care of the Elderly (PACE)". Acts 2024, No. 444, §1, eff. June 3, 2024.
La. Rev. Stat. § 40:2120.62 Purpose
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§2120.62. Purpose A. The purpose of this Part is to authorize the Louisiana Department of Health to promulgate and publish rules and regulations to provide for the licensing of the Program of All-Inclusive Care for the Elderly (PACE) providers; to provide for the health, safety, …
La. Rev. Stat. § 40:2120.63 Definitions
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§2120.63. Definitions For the purposes of this Part, the following terms shall have the following meanings: (1) "Department" means the Louisiana Department of Health or any agency or office designated by the secretary to administer the provisions of this Part. (2) "License" means…
La. Rev. Stat. § 40:2120.64 Licensure of PACE providers
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§2120.64. Licensure of PACE providers A. All PACE providers shall be licensed by the Louisiana Department of Health. No facility, place, center, agency, person, institution, corporation, partnership, unincorporated association, group, organization, or other legal entity providing…
La. Rev. Stat. § 40:2120.65 PACE provider participants; restrictions
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§2120.65. PACE provider participants; restrictions A PACE provider shall provide services only to those participants who have chosen PACE services and who have been approved by Medicare or the Louisiana Medicaid Program or are otherwise qualified to become a PACE enrollee. A PACE…
La. Rev. Stat. § 40:2120.66 PACE provider restrictions
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§2120.66. PACE provider restrictions A. A PACE provider may provide all of the following services to approved PACE enrollees: (1) Home- and community-based services, as defined in R.S. 40:2120.1 et seq., if the PACE provider is in compliance with state licensing laws, rules, and …
La. Rev. Stat. § 40:2120.67 Rules and regulations; licensing standards
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§2120.67. Rules and regulations; licensing standards A. The department shall promulgate and publish rules, regulations, and licensing standards, in accordance with the Administrative Procedure Act, to provide for the licensure of PACE providers; to provide for the health, safety,…
La. Rev. Stat. § 40:2120.68 License issuance; application; fees; onsite inspections
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§2120.68. License issuance; application; fees; onsite inspections A. Each application for licensure as a PACE provider shall be submitted to the department on forms prescribed by the department and shall contain information as the department may require. If a PACE organization op…
La. Rev. Stat. § 40:2120.69 Investigations; surveys
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§2120.69. Investigations; surveys A. The department may conduct onsite licensing surveys and inspections, including complaint surveys, to determine that the PACE provider is in compliance with the laws, rules, and regulations applicable to the PACE provider. Further, a PACE provi…
La. Rev. Stat. § 40:2120.7 Fees on home- and community-based service providers; disposition of fees
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§2120.7. Fees on home- and community-based service providers; disposition of fees A.(1) The department is hereby authorized to adopt and impose fees for home- and community-based services on every home- and community-based service provider and to adopt rules and regulations relat…
La. Rev. Stat. § 40:2120.70 Operation without license; penalty; exception
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§2120.70. Operation without license; penalty; exception A. Except as provided in R.S. 40:2120.67, a PACE provider shall not operate without a license issued by the department. Any provider, organization, or facility operating without a license shall be guilty of a misdemeanor and…
La. Rev. Stat. § 40:2120.8 Caregiver registry
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§2120.8. Caregiver registry A. A caregiver registry shall not participate in any of the following: (1) Employing, directing, or supervising caregivers. (2) Providing clinical oversight of caregivers. (3) Dictating any term or condition of a referred or matched caregiver's care re…
La. Rev. Stat. § 40:2120.9 Repealed by Acts 2022, No
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§2120.9. Repealed by Acts 2022, No. 252, §3.
La. Rev. Stat. § 40:2121 Citation
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§2121. Citation This Part shall be known and may be cited as the Exceptional Children's Act. Acts 1981, No. 673, §1.
La. Rev. Stat. § 40:2122 Purpose
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§2122. Purpose The purpose of this law is to provide financial assistance to the parents or guardians of an exceptional child for the cost of room, board, and training or therapy, or both, in a private residential facility for exceptional children when a state owned and operated …
La. Rev. Stat. § 40:2123 Eligibility for assistance
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§2123. Eligibility for assistance Any child whose physical, emotional, mental, or neurological condition so deviates from the normal that he cannot, without special therapy, protective care, or training satisfactorily participate in community living is eligible for assistance und…
La. Rev. Stat. § 40:2124 Contribution to cost of care by parent; notification; payment; default
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§2124. Contribution to cost of care by parent; notification; payment; default A. When the Louisiana Department of Health provides payments for care and treatment of a child under the provisions of this Part, the parent or guardian will be required to contribute to the cost of car…
La. Rev. Stat. § 40:2125 Age; continuation of assistance; discrimination
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§2125. Age; continuation of assistance; discrimination A. Assistance granted in this Part to an exceptional child may be continued until the exceptional person has reached the age of twenty-five years; however, assistance may be continued past age twenty-five if need for continua…
La. Rev. Stat. § 40:2126 Hospitals for the care of emotionally disturbed children; creation;
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§2126. Hospitals for the care of emotionally disturbed children; creation; conversion to full range psychiatric hospitals with satellite community cottages; superintendents A. There are hereby created four hospitals for the care, treatment, and rehabilitation of emotionally distu…
La. Rev. Stat. § 40:2127 Rules and regulations
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§2127. Rules and regulations The department may promulgate such rules and regulations for the administration of this Part as it deems advisable in accordance with the Administrative Procedure Act. Acts 1981, No. 673, §1.
La. Rev. Stat. § 40:2131 Short title
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§2131. Short title This Part may be cited as the Ambulatory Surgical Centers Licensing Law. Added by Acts 1976, No. 596, §1.