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0 chapters · 2,393 sections in this title.
La. Rev. Stat. § 40:1217.9 Reimbursement
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§1217.9. Reimbursement A. No applicant or recipient shall be eligible to receive services provided by this Part to the extent that the applicant or recipient, or another person with a legal obligation to support the applicant or recipient, is eligible for some other benefit that …
La. Rev. Stat. § 40:1219.1 Short title
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§1219.1. Short title This Part shall be known and may be cited as the "Louisiana Senior Rx and Aging and Disability Information Station Programs". Acts 2003, No. 848, §1; Acts 2007, No. 406, §1; Redesignated from R.S. 40:1300.211 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1219.2 Definitions
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§1219.2. Definitions As used in this Part, the following terms shall have the following meanings: (1) "Federal poverty guidelines" means the most recent poverty guidelines as published in the Federal Register by the United States Department of Health and Human Services. (2) "Inco…
La. Rev. Stat. § 40:1219.3 Louisiana Senior Rx and Aging and Disability Information Station Programs;
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§1219.3. Louisiana Senior Rx and Aging and Disability Information Station Programs; legislative findings; creation; eligibility A. The legislature finds that the pharmaceutical manufacturers, seeing a need for such programs, have created charitable programs to aid low-income seni…
La. Rev. Stat. § 40:1219.4 Services
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§1219.4. Services A. Subject to appropriation for the programs, the office shall provide assistance to persons determined to be eligible for services authorized by this Part. The assistance provided by the office shall include: (1) Assisting seniors and adults with a disability i…
La. Rev. Stat. § 40:1219.5 Other sources of funding
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§1219.5. Other sources of funding The office may seek and receive voluntary monies from any sources, including federal funds and gifts which shall be expended for the purposes designated in this Part. The office may also accept voluntary funding in the form of grants available to…
La. Rev. Stat. § 40:1219.6 Report
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§1219.6. Report The office shall prepare and submit a quarterly report on the programs to the governor, president of the Senate, speaker of the House of Representatives, and the chairmen of the Senate and House committees on health and welfare. Such reports shall include the numb…
La. Rev. Stat. § 40:1221.1 Remote patient monitoring; medical assistance program
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§1221.1. Remote patient monitoring; medical assistance program A. Remote patient monitoring services as provided for in the Louisiana Remote Patient Monitoring Program Law, R.S. 40:1227.1 et seq., shall be a covered service in the medical assistance program. B. A one-time telehea…
La. Rev. Stat. § 40:1223.1 Short title
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§1223.1. Short title This Part shall be known and may be cited as the "Louisiana Telehealth Access Act". Acts 2014, No. 442, §2; Redesignated from R.S. 40:1300.401 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1223.2 Legislative findings
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§1223.2. Legislative findings The legislature hereby finds and declares the following: (1) As an innovative form of health care, telehealth is extremely valuable because it enhances access to care, particularly in rural locations and other medically underserved areas; makes deliv…
La. Rev. Stat. § 40:1223.3 Definitions
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§1223.3. Definitions As used in this Part, the following terms have the meaning ascribed in this Section: (1) "Asynchronous store and forward transfer" means the transmission of a patient's medical information from an originating site to the provider at the distant site without t…
La. Rev. Stat. § 40:1223.4 Telehealth; rulemaking required
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§1223.4. Telehealth; rulemaking required A. Each state agency or professional or occupational licensing board or commission that regulates the practice of a healthcare provider, as defined in this Part, shall promulgate, in accordance with the Administrative Procedure Act, any ru…
La. Rev. Stat. § 40:1223.5 Venue; telehealth
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§1223.5. Venue; telehealth Venue in any suit filed involving care rendered via telehealth pursuant to the provisions of this Part shall be proper and instituted before the district court of the judicial district in which the patient resides or in the district court having jurisdi…
La. Rev. Stat. § 40:1225.1 Purchase of prostheses, orthoses, prosthetic services, and orthotic services by a
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§1225.1. Purchase of prostheses, orthoses, prosthetic services, and orthotic services by a state agency from an accredited facility; Medicaid reimbursement; definitions; penalties A.(1) Any state agencies which utilize funds to pay for prostheses, orthoses, prosthetic services, o…
La. Rev. Stat. § 40:1226.1 Definitions
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§1226.1. Definitions As used in this Part, the following terms shall have the meanings ascribed to them in this Section unless otherwise provided for or unless the context otherwise indicates: (1) "Aftercare" means any assistance provided by a caregiver to a patient pursuant to t…
La. Rev. Stat. § 40:1226.2 Designation of a caregiver
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§1226.2. Designation of a caregiver A.(1) A hospital shall provide each patient or, if applicable, the patient's legal guardian with at least one opportunity to designate a caregiver following the patient's inpatient admission into a hospital and prior to the patient's discharge.…
La. Rev. Stat. § 40:1226.3 Notice to caregiver
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§1226.3. Notice to caregiver If a patient has designated a caregiver, a hospital shall make a good faith attempt to notify the patient's designated caregiver of the patient's discharge to the patient's residence as soon as possible prior to the patient's discharge. If the hospita…
La. Rev. Stat. § 40:1226.4 Education and instruction provided to caregiver
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§1226.4. Education and instruction provided to caregiver A. As soon as practicable prior to the patient's discharge, the hospital shall make a reasonable effort to consult with the designated caregiver along with the patient, taking into account the capabilities and limitations o…
La. Rev. Stat. § 40:1226.5 Noninterference with medical decision making
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§1226.5. Noninterference with medical decision making The provisions of this Part shall not allow or otherwise be interpreted or construed to allow a caregiver to make any medical decisions or provide informed consent on behalf of the patient unless the caregiver is otherwise aut…
La. Rev. Stat. § 40:1226.6 Limitation of liability
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§1226.6. Limitation of liability A. Nothing in this Part shall be construed to create a cause of action against a hospital, hospital employee, duly authorized agent of the hospital, or any consultant or contractor with whom the hospital has a contractual relationship. B. A hospit…
La. Rev. Stat. § 40:1226.7 Compensation of caregiver
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§1226.7. Compensation of caregiver A caregiver designated under the provisions of this Part shall not accept compensation in exchange for aftercare provided to the patient. A licensed medical professional may be designated as a caregiver as long as the individual does not accept …
La. Rev. Stat. § 40:1227.1 Short title
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§1227.1. Short title This Part shall be known and may be cited as the "Louisiana Remote Patient Monitoring Program Law". Acts 2024, No. 749, §1.
La. Rev. Stat. § 40:1227.2 Legislative findings
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§1227.2. Legislative findings A. The legislature hereby finds and declares that remote patient monitoring services aim to allow more people to remain at home or in other residential settings and to improve the quality and cost of their care, including prevention of more costly ca…
La. Rev. Stat. § 40:1227.3 Definitions
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§1227.3. Definitions As used in this Part, the following terms have the meanings ascribed to them: (1) "Remote patient monitoring services" means the delivery of in-home healthcare services using telecommunications technology to enhance the delivery of in-home health care, includ…
La. Rev. Stat. § 40:1227.4 Remote patient monitoring
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§1227.4. Remote patient monitoring Remote patient monitoring services provided through telehealth may be used by patients who meet the requirements of this Section and are capable and willing to use home telehealth and can maintain performance of needed tasks or have the availabi…
La. Rev. Stat. § 40:1227.5 Qualifications for patients
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§1227.5. Qualifications for patients To qualify for participation in remote patient monitoring services, a patient shall have a recommendation from the patient's healthcare provider for disease management services through remote patient monitoring and shall meet one of the follow…
La. Rev. Stat. § 40:1227.6 Remote monitoring services
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§1227.6. Remote monitoring services Remote patient monitoring services through telehealth may consist of all of the following: (1) An assessment, problem identification, and evaluation which includes all of the following: (a) Assessment and monitoring of clinical data, including …
La. Rev. Stat. § 40:1227.7 Remote monitoring equipment and network requirements
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§1227.7. Remote monitoring equipment and network requirements Any telehealth equipment and network used for remote patient monitoring services shall meet all of the following requirements: (1) Compliance with applicable standards of the United States Food and Drug Administration.…
La. Rev. Stat. § 40:1227.8 Remote monitoring services; procedure code required
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§1227.8. Remote monitoring services; procedure code required A. In any reimbursement claim for the remote monitoring services provided, the appropriate procedure code as established by the Louisiana Department of Health for the covered healthcare service shall be included with th…
La. Rev. Stat. § 40:1231.1 Definitions and general applications
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§1231.1. Definitions and general applications A. As used in this Part: (1) "Ambulance service" means an entity under circumstances in which the provisions of R.S. 40:1237.1 are not applicable which operates either ground or air ambulances, using a minimum of two persons on each g…
La. Rev. Stat. § 40:1231.10 Medical review panel; one panel for state and private claims
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§1231.10. Medical review panel; one panel for state and private claims The following provisions shall apply when, for the same injury to or death of a patient, a malpractice claim alleges liability of both a state health care provider under the provisions of this Part and a healt…
La. Rev. Stat. § 40:1231.2 Limitation of recovery
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§1231.2. Limitation of recovery A. To be qualified under the provisions of this Part, a health care provider shall: (1) Cause to be filed with the board proof of financial responsibility as provided by Subsection E of this Section. (2) Pay the surcharge assessed by this Part on a…
La. Rev. Stat. § 40:1231.3 Future medical care and related benefits
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§1231.3. Future medical care and related benefits A.(1) In all malpractice claims filed with the board which proceed to trial, the jury shall be given a special interrogatory asking if the patient is in need of future medical care and related benefits that will be incurred after …
La. Rev. Stat. § 40:1231.4 Patient's Compensation Fund
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§1231.4. Patient's Compensation Fund A.(1)(a) All funds collected pursuant to the provisions hereof shall be considered self-generated revenues, promptly deposited by the Patient's Compensation Fund Oversight Board into a fund designated as the "Patient's Compensation Fund". The …
La. Rev. Stat. § 40:1231.5 Investment responsibilities
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§1231.5. Investment responsibilities A. The Patient's Compensation Fund shall be maintained for the use, benefit, and protection of medical malpractice claimants and private health care provider members of the fund. The fund shall be maintained on a sound actuarial basis and the …
La. Rev. Stat. § 40:1231.6 Malpractice coverage
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§1231.6. Malpractice coverage A.(1) Only while malpractice liability insurance remains in force, or in the case of a self-insured health care provider, only while the security required by regulations of the board remains undiminished, are the health care provider and his insurer …
La. Rev. Stat. § 40:1231.7 Risk management; authority
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§1231.7. Risk management; authority A. The purpose of this Section is to make malpractice liability insurance available to qualified risks as defined in this Part. B. There is created the Residual Malpractice Insurance Authority. The authority is empowered to engage in making mal…
La. Rev. Stat. § 40:1231.8 Medical review panel
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§1231.8. Medical review panel A.(1)(a) All malpractice claims against health care providers covered by this Part, other than claims validly agreed for submission to a lawfully binding arbitration procedure, shall be reviewed by a medical review panel established as hereinafter pr…
La. Rev. Stat. § 40:1231.9 Reporting of claims
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§1231.9. Reporting of claims A. For the purpose of providing the various licensing boards of Louisiana health care providers, as defined by R.S. 40:1231.1(A), with information on malpractice claims paid by insurers or self insurers on behalf of health care providers in this state…
La. Rev. Stat. § 40:1233.1 State hospitals; medical malpractice coverage
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§1233.1. State hospitals; medical malpractice coverage Each state owned or state operated hospital in Louisiana may provide medical malpractice coverage to medical doctors, dentists and professional nurses who are employed by such hospital or who donate services free of charge to…
La. Rev. Stat. § 40:1235.1 State agency may provide malpractice coverage
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§1235.1. State agency may provide malpractice coverage Each agency of the state which employs physicians, dentists or professional nurses to provide medical services for or on behalf of such agency and each agency of the state to whom any medical doctor, dentist or professional n…
La. Rev. Stat. § 40:1237.1 Definitions and general application
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§1237.1. Definitions and general application A. As used in this Part: (1) "Ambulance service" means an entity which operates either ground or air ambulances, using a minimum of two persons on each ground ambulance, at least one of whom is trained and registered at the level of ce…
La. Rev. Stat. § 40:1237.2 State medical review panel
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§1237.2. State medical review panel A.(1)(a) All malpractice claims against the state, its agencies, or other persons covered by this Part, other than claims subject to administrative review in a correctional facility in accordance with R.S. 40:1237.1(E) and claims compromised or…
La. Rev. Stat. § 40:1237.3 Medical review panel; one panel for state and private claims
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§1237.3. Medical review panel; one panel for state and private claims The following provisions shall apply when, for the same injury to or death of a patient, a malpractice claim alleges liability of both a state health care provider under the provisions of this Part and a health…
La. Rev. Stat. § 40:1237.4 Emergency/Disaster Medicine Review Panel; establishment; review process
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§1237.4. Emergency/Disaster Medicine Review Panel; establishment; review process A. The following panel review process is established to review health care services of medical personnel, as defined in R.S. 37:1731, during a declared state of emergency, disaster, or public health …
La. Rev. Stat. § 40:1241 RS 40:1241
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§1241 effective until the implementation of a diagnosis-related group hospital payment methodology pursuant to an approved state plan amendment by the Centers for Medicare and Medicaid Services. See Acts 2018, No. 234. CHAPTER 5-E. HEALTH PROVISIONS: MEDICAL ASSISTANCE PROGRAM (M…
La. Rev. Stat. § 40:1242 Uncompensated Care Hospital Payments
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§1242. Uncompensated Care Hospital Payments A.(1) The Louisiana Department of Health shall specify in the Medicaid State Plan how uncompensated care is defined and calculated and shall determine what facilities qualify for uncompensated care payments and the amount of the payment…
La. Rev. Stat. § 40:1243.1 Healthcare providers; upper payment limit
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§1243.1. Healthcare providers; upper payment limit A. Subject to appropriation, the Louisiana Department of Health may develop and maintain a Medicaid upper payment limit financing methodology which incorporates any healthcare provider licensed by the Louisiana Department of Heal…
La. Rev. Stat. § 40:1243.2 Upper payment limit mechanism for outpatient behavioral health services for
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§1243.2. Upper payment limit mechanism for outpatient behavioral health services for Medicaid recipients under the age of twenty-one A. The Louisiana Department of Health is authorized to seek approval from the Centers for Medicare and Medicaid Services of a program designed to r…
La. Rev. Stat. § 40:1243.3 Upper payment limit mechanism for ambulatory surgical centers
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§1243.3. Upper payment limit mechanism for ambulatory surgical centers A. The Louisiana Department of Health is authorized to seek approval from the Centers for Medicare and Medicaid Services of a program designed to reimburse ambulatory surgical centers that have an agreement wi…
