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La. Rev. Stat. § 40:1168.2 Definitions
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§1168.2. Definitions For purposes of this Subpart, the following terms have the meaning ascribed to them in this Section: (1) "Adverse event" means any incident relating to the use of a drug prescribed or recommended to a patient that may result in serious harm or injury to the p…
La. Rev. Stat. § 40:1168.3 Data system; components; reporting; design in collaboration with certain higher
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§1168.3. Data system; components; reporting; design in collaboration with certain higher education institutions; public records exception A. The board may create and maintain an electronic system for the collection and analysis of clinical information associated with the use of m…
La. Rev. Stat. § 40:1168.4 Protection of health information; limitations on data use
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§1168.4. Protection of health information; limitations on data use A. The board shall maintain the data system in a secure environment which complies, at minimum, with all applicable federal laws and regulations providing for the protection of health information. B.(1) The board …
La. Rev. Stat. § 40:1168.5 Funding sources authorized for data system
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§1168.5. Funding sources authorized for data system The board is hereby authorized to receive and expend all funds as may be necessary to implement and maintain the data system. Such funds may include, without limitation, funds appropriated by the legislature, including any appro…
La. Rev. Stat. § 40:1168.6 Rulemaking
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§1168.6. Rulemaking The board shall promulgate all such rules in accordance with the Administrative Procedure Act as are necessary to implement the provisions of this Subpart. Acts 2019, No. 207, §1.
La. Rev. Stat. § 40:1169.1 Short title
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§1169.1. Short title This Subpart shall be known and may be cited as the "Right To Try Act". Acts 2014, No. 346, §1; Redesignated from R.S. 40:1300.421 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1169.2 Legislative findings
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§1169.2. Legislative findings The Legislature of Louisiana hereby finds and declares the following: (1) The process of approval for investigational drugs, biological products, and devices in the United States often takes many years. (2) A patient who has a terminal illness does n…
La. Rev. Stat. § 40:1169.3 Definitions
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§1169.3. Definitions As used in this Subpart, the following terms have the meaning ascribed to them in this Section: (1) "Eligible patient" means a person to whom all of the following criteria apply: (a) Has a terminal illness. (b) As determined by the person's physician, has no …
La. Rev. Stat. § 40:1169.4 Availability of drugs, biological products, and devices; costs; insurance coverage
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§1169.4. Availability of drugs, biological products, and devices; costs; insurance coverage A.(1) A manufacturer of an investigational drug, biological product, or device may make available such drug, product, or device to eligible patients in accordance with the provisions of th…
La. Rev. Stat. § 40:1169.5 Limitation of liability; no cause of action created
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§1169.5. Limitation of liability; no cause of action created A. Notwithstanding any provision of law to the contrary, a physician who prescribes an investigational drug, biological product, or device to an eligible patient pursuant to the provisions of this Subpart shall be immun…
La. Rev. Stat. § 40:1169.6 Action against physician license prohibited
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§1169.6. Action against physician license prohibited Notwithstanding any provision of law to the contrary, the Louisiana State Board of Medical Examiners shall not revoke, fail to renew, or take any other action against the license of a physician issued pursuant to the provisions…
La. Rev. Stat. § 40:1170.1 Legislative findings; declaration
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§1170.1. Legislative findings; declaration A. The legislature hereby finds all of the following: (1) A developmental, intellectual, or physical disability does not diminish a person's right to health care. (2) The provisions of the Americans with Disabilities Act of 1990, as amen…
La. Rev. Stat. § 40:1170.2 Definitions
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§1170.2. Definitions For purposes of this Subpart, the following terms have the meaning ascribed to them in this Section: (1) "Anatomical gift" means a donation of all or part of a human body that takes effect after the death of the donor for the purpose of transplantation or tra…
La. Rev. Stat. § 40:1170.3 Discrimination against potential organ transplant recipients based on disability;
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§1170.3. Discrimination against potential organ transplant recipients based on disability; prohibition A. The provisions of this Section shall apply to all stages of the organ transplant process. B. It shall be unlawful for a covered entity to do any of the following solely on th…
La. Rev. Stat. § 40:1170.4 Enforcement; civil actions against covered entities; construction of Section
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§1170.4. Enforcement; civil actions against covered entities; construction of Section A. Whenever an individual believes that a covered entity has violated or is violating any provision of R.S. 40:1170.3, the affected individual may commence a civil action for injunctive and othe…
La. Rev. Stat. § 40:1171.1 Purpose; intent; insurance and R.S
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§1171.1. Purpose; intent; insurance and R.S. 40:1157.3 not affected The legislature recognizes that confidentiality protection for information related to human immunodeficiency virus (HIV) infection and acquired immunodeficiency syndrome (AIDS) is an essential public health measu…
La. Rev. Stat. § 40:1171.2 Definitions
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§1171.2. Definitions As used in this Subpart, the following terms have the meaning ascribed in this Section unless the context clearly indicates otherwise: (1) "Contact" is a sex-sharing or needle-sharing partner, a person who has had contact with blood or body fluids to which un…
La. Rev. Stat. § 40:1171.3 HIV-related testing; consent; exceptions
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§1171.3. HIV-related testing; consent; exceptions A. Except as provided, specifically authorized, or required by a state or federal law, in the event that HIV diagnostic testing is offered to a person as part of a routine medical screening in health care settings, substance abuse…
La. Rev. Stat. § 40:1171.4 Confidentiality of HIV test result; disclosure
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§1171.4. Confidentiality of HIV test result; disclosure A. Except as otherwise provided by law, no person who obtains, retains, or becomes the recipient of confidential HIV test results in the course of providing any health or social service or pursuant to a release of confidenti…
La. Rev. Stat. § 40:1171.5 Court authorization for disclosure of confidential HIV test results
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§1171.5. Court authorization for disclosure of confidential HIV test results A. Notwithstanding any other provision of law, no court shall issue an order for the disclosure of confidential HIV test results except a court of record of competent jurisdiction in accordance with the …
La. Rev. Stat. § 40:1173.1 Findings; legislative intent
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§1173.1. Findings; legislative intent A. The legislature hereby finds all of the following: (1) As a result of rising healthcare costs, the shortage of health professionals and healthcare services in many areas of the state, and the concerns expressed by consumers, healthcare pro…
La. Rev. Stat. § 40:1173.2 Definitions
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§1173.2. Definitions As used in this Subpart, the following terms have the meaning ascribed to them in this Section: (1) "Confidential information" means at least one of the following: (a) Patient-level data elements that could be used alone or in combination with other available…
La. Rev. Stat. § 40:1173.3 Data collection; powers and duties of the Louisiana Department of Health
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§1173.3. Data collection; powers and duties of the Louisiana Department of Health The department, through the office of public health and in consultation with the Health Data Panel, shall: (1) Identify and define the healthcare cost, quality, and performance data elements to be r…
La. Rev. Stat. § 40:1173.4 Health Data Panel; advisory council to the secretary of the Louisiana Department
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§1173.4. Health Data Panel; advisory council to the secretary of the Louisiana Department of Health A. The department shall create the Health Data Panel. The purpose of the Health Data Panel shall be to make recommendations to the secretary for the implementation of the requireme…
La. Rev. Stat. § 40:1173.5 Release of information
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§1173.5. Release of information A. To ensure the privacy and protection of Louisianans' health information, the department shall not release confidential or protected health information collected from hospitals and other healthcare providers pursuant to this Subpart. The departme…
La. Rev. Stat. § 40:1173.6 Violations; penalties
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§1173.6. Violations; penalties A. All state agencies and health professional licensing, certification, or registration boards and commissions, which collect, maintain, or distribute health data, shall provide to the department such data as are necessary for the department to carr…
La. Rev. Stat. § 40:1175.1 Chiropractic care; freedom of choice
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§1175.1. Chiropractic care; freedom of choice No agency of the state, parish or municipality, under the laws of the state of Louisiana, shall deny to the recipients or beneficiaries of their aid or services the freedom to choose a duly licensed chiropractor as the provider of car…
La. Rev. Stat. § 40:1181.1 Nonstate governmental hospitals; cooperative endeavor agreements
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§1181.1. Nonstate governmental hospitals; cooperative endeavor agreements A nonstate governmental hospital may enter into a cooperative endeavor agreement with other hospitals, persons, or entities which includes the transfer of funds for the provision of health care services and…
La. Rev. Stat. § 40:1183.1 Short title
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§1183.1. Short title This Part may be cited as the "Federally Qualified Health Center Preservation Act". Acts 1997, No. 1473, §1; Redesignated from R.S. 40:1300.131 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1183.2 Legislative findings; purpose
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§1183.2. Legislative findings; purpose A. The legislature finds that: (1) Federally qualified health centers (FQHCs) provide most of the healthcare services required by a substantial number of low-income residents living in the state and therefore constitute an invaluable part of…
La. Rev. Stat. § 40:1183.3 Definitions
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§1183.3. Definitions As used in this Part: (1) "Cost related to patient care" means all reasonable costs of outpatient and health services related care of Medicaid beneficiaries determined in accordance with Medicare regulations governing cost-based reimbursement promulgated by t…
La. Rev. Stat. § 40:1183.4 Medical assistance programs; FQHC reimbursement
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§1183.4. Medical assistance programs; FQHC reimbursement A. The department shall adopt regulations that provide the following: (1) A Medicaid cost-based reimbursement methodology that reimburses FQHCs for all costs related to patients, utilizing the most recent cost report inform…
La. Rev. Stat. § 40:1187.1 Notification of law enforcement agency prior to discharge of a person issued a
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§1187.1. Notification of law enforcement agency prior to discharge of a person issued a summons or arrest warrant and admitted to a hospital A. A hospital shall notify the appropriate arresting or investigating law enforcement agency that a doctor has ordered the discharge of a p…
La. Rev. Stat. § 40:1189.1 Short title
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§1189.1. Short title This Part may be cited as the "Rural Hospital Preservation Act". Acts 1997, No. 1485, §1; Redesignated from R.S. 40:1300.141 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1189.2 Legislative findings; purpose
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§1189.2. Legislative findings; purpose A. The legislature finds that: (1) Small rural hospitals provide most of the healthcare services required by a substantial number of low-income rural residents living in the state and therefore constitute an invaluable part of the healthcare…
La. Rev. Stat. § 40:1189.3 Definitions
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§1189.3. Definitions As used in this Part: (1) "Department" means the Louisiana Department of Health or its successor in the role of designated state agency under Title XIX of the Social Security Act or any successor Act including but not limited to block grants or other funding …
La. Rev. Stat. § 40:1189.4 Medical assistance programs; rural hospital reimbursement
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§1189.4. Medical assistance programs; rural hospital reimbursement A. The department shall adopt rules and regulations in accordance with the Administrative Procedure Act that provide the following: (1) Allow a rural hospital to certify as a contributing public agency, public fun…
La. Rev. Stat. § 40:1189.5 Managed care organizations
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§1189.5. Managed care organizations Managed care organizations, including but not limited to health maintenance organizations, other entities authorized by law to bear risk for the payment of health care services, and preferred provider organizations, which offer health services …
La. Rev. Stat. § 40:1189.7 Authorized activities concerning health care providers and public rural hospitals
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§1189.7. Authorized activities concerning health care providers and public rural hospitals A. Notwithstanding any law to the contrary, a public rural hospital may employ a health care provider on a part-time basis. As used in this Subsection, "part-time basis" means twenty or few…
La. Rev. Stat. § 40:1191.1 Definitions
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§1191.1. Definitions As used in this Part, the following terms have the meaning ascribed to them in this Section unless the context requires otherwise: (1) "Final disposition" means the burial, cremation, or other disposition of the remains of a human fetus following fetal death.…
La. Rev. Stat. § 40:1191.2 Final disposition of fetal remains; rights of parents; notice required; exception
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§1191.2. Final disposition of fetal remains; rights of parents; notice required; exception A. Prior to the final disposition of a miscarried child, but not more than twenty-four hours after the miscarriage occurs in a health facility, the facility shall notify the patient, or if …
La. Rev. Stat. § 40:1191.3 Notice of parental rights form
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§1191.3. Notice of parental rights form The Louisiana Department of Health shall promulgate, in accordance with the Administrative Procedure Act, a notice of parental rights form to be used by health facilities to comply with the provisions of this Part. The form shall include, a…
La. Rev. Stat. § 40:1191.4 Limitation of liability
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§1191.4. Limitation of liability The provisions of this Part shall not be construed to create a cause of action, nor shall the health facility, or any person authorized to act on behalf of the health facility, be held civilly liable for any damages when a health facility makes a …
La. Rev. Stat. § 40:1193.1 Short title
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§1193.1. Short title This Part shall be known and may be cited as the "Nursing Home Virtual Visitation Act". Acts 2018, No. 596, §1.
La. Rev. Stat. § 40:1193.10 Reporting abuse and neglect
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§1193.10. Reporting abuse and neglect Any person who views an incident which a reasonable man would consider abuse or neglect after viewing a recording made in a nursing facility shall report the incident to the facility as soon as is practicable after the viewing. The facility s…
La. Rev. Stat. § 40:1193.11 Administrative rulemaking
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§1193.11. Administrative rulemaking The department shall adopt all rules in accordance with the Administrative Procedure Act as are necessary for implementation of the provisions of this Part. Acts 2018, No. 596, §1.
La. Rev. Stat. § 40:1193.2 Definitions
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§1193.2. Definitions As used in this Part, the following terms have the meaning ascribed in this Section: (1) "Department" means the Louisiana Department of Health. (2) "Legal representative" means a legal guardian or a legally appointed substitute decision-maker who is authorize…
La. Rev. Stat. § 40:1193.3 Monitoring device; authorization and use
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§1193.3. Monitoring device; authorization and use A. A resident who has the capacity to consent as determined by emergency rules promulgated by the department pursuant to this Part or his legal representative may authorize the installation and use of a monitoring device in a nurs…
La. Rev. Stat. § 40:1193.4 Monitoring device option; installation; consent of residents in shared rooms;
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§1193.4. Monitoring device option; installation; consent of residents in shared rooms; accommodation by nursing home A.(1) At the time of a person's admission to a nursing home, the nursing home shall notify the person of his right to have a monitoring device installed in his roo…
La. Rev. Stat. § 40:1193.5 Consent; waiver
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§1193.5. Consent; waiver A. Consent to the authorization for installation and use of a monitoring device may be given only by the resident or his legal representative. B. Consent to the authorization for installation and use of a monitoring device shall include a release of liabi…
