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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 216
BY SENATOR MOUNT
NURSING HOMES. Provides for changes to the Nursing Home Patient’s Bill of Rights.
(gov sig)
AN ACT1
To amend and reenact R.S. 40:2010.8(A)(2)(a) and (b), (6), (8), (10), (12), (13) and (21),2
and to enact R.S. 40:2010(A)(2)(c) and (d), relative to the nursing home resident's3
bill of rights; to provide for certain rights; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 40:2010.8(A)(2)(a) and (b), (6), (8), (10), (12), (13) and (21), are6
hereby amended and reenacted and R.S. 40:2010(A)(2)(c) and (d) are hereby enacted to read7
as follows: 8
§2010.8. Residents' bill of rights9
A. All nursing homes shall adopt and make public a statement of the rights10
and responsibilities of the residents residing therein and shall treat such residents in11
accordance with the provisions of the statement. The statement shall assure each12
resident the following:13
* * *14
(2)(a) The right to private and uncensored communications, including but not15
limited to receiving and sending unopened correspondence; access to a telephone;16
visitation with any person of the resident's choice; and overnight visitation outside17 SB NO. 216
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
the facility with family and friends in accordance with nursing home policies,1
physician orders, and Title XVIII (Medicare) and Title XIX (Medicaid) of the Social2
Security Act regulations, without the loss of his bed.3
(b) Nursing home visiting hours shall be flexible, taking into consideration4
special circumstances such as out-of-town visitors and working relatives or friends.5
With the consent of the resident and in accordance with the policies approved by the6
Department of Health and Hospitals, the home shall permit recognized volunteer7
groups, representatives of community-based legal, social, mental health, and leisure8
and planning programs, and members of the clergy access to the home during9
visiting hours for the purpose of visiting with and providing services to any resident.10
The right to be granted immediate access to the following:11
(i) Any representative of the secretary of the United States Department12
of Health and Human Services.13
(ii) Any representative of the State acting pursuant to their duties and14
responsibilities under state or federal law.15
(iii) The resident's individual physician.16
(iv) The state long term care ombudsman.17
(v) The agency responsible for the protection and the advocacy system18
for developmentally disabled individuals.19
(vi) The agency responsible for the protection and the advocacy system20
for mentally ill individuals.21
(vii) Immediate family members, other relatives of the resident, and the22
resident's clergy subject to the resident's right to deny or withdraw consent at23
any time.24
(viii) Other who are visiting with the consent of the resident, subject to25
reasonable restrictions and the resident's right to deny or withdraw consent at26
any time.27
(c)The facility shall provide reasonable access to any resident by any28
entity or individual that provides health, social, legal, or other services to the29 SB NO. 216
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words in boldface type and underscored are additions.
resident, subject to the resident's right to deny or withdraw consent at any time.1
(d)Reasonable restrictions are those imposed by the facility that protect2
the security of all the facility's residents. The facility may change the location3
of visits to assist care giving or protect the privacy of other residents.4
* * *5
(6) The right to be adequately informed of his medical condition and6
proposed treatment, unless otherwise indicated by the resident's physician; to7
participate in the planning of all medical treatment, including the right to refuse8
medication and treatment, unless otherwise indicated by the resident's physician; and9
to be informed of the consequences of such actions.10
* * *11
(8) The right to have privacy in treatment and in caring for personal needs;12
to have closed room doors, and to have facility personnel knock before entering the13
room, except in case of an emergency or unless medically contraindicated; to have14
confidentiality in the treatment of personal and medical records; and to be secure in15
storing and using personal possessions, subject to applicable state and federal health16
and safety regulations and the rights of other residents. Privacy of the resident's body17
shall be maintained during but not limited to toileting, bathing, and other activities18
of personal hygiene, except as needed for resident safety or assistance.19
* * *20
(10) The right to be free from mental and physical abuse and from physical21
and chemical restraints, except those restraints authorized by a physician for a22
specified and limited period of time or those necessitated by an emergency. In case23
of an emergency, restraint may only be applied by a qualified licensed nurse, who24
shall set forth in writing the circumstances requiring the use of the restraint, and, in25
case of a chemical restraint, a physician shall be consulted immediately thereafter.26
Restraints shall not be used in lieu of staff supervision or merely for staff27
convenience or resident punishment, or for any reason other than resident protection28
or safety ; and the right to be free from any physical or chemical restraint29 SB NO. 216
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imposed for the purposes of discipline or convenience, and not required to treat1
the resident's medical symptoms.2
* * *3
(12) The right to select a personal physician; to obtain pharmaceutical4
supplies and services from a pharmacy of the resident's choice, at the resident's own5
expense or through Title XVIII or Title XIX of the Social Security Act; and to6
obtain information about, and to participate in, community-based activities and7
programs, unless medically contraindicated, as documented by a physician in the8
resident's medical record, and such participation would violate infection control laws9
or regulations unless such participation would violate infection control or10
quarantine laws or regulations.11
(13) The right to retain and use personal clothing and possessions as space12
permits, unless to do so would infringe upon the rights of other residents or unless13
medically contraindicated as documented by a physician in the resident's medical14
record. Clothing need not be provided to the resident by the home except in15
emergency situations. If provided, it shall be of reasonable fit.16
* * *17
(21) The right to retire and rise in accordance with his reasonable requests,18
if he does not disturb others and does not disrupt the posted meal schedules and,19
upon the home's request, if he remains in a supervised area unless retiring and rising20
in accordance with the resident's request is not medically advisable as documented21
in his medical record by the attending physician with the resident's personal22
preference.23
* * *24
Section 2. This Act shall become effective upon signature by the governor or, if not25
signed by the governor, upon expiration of the time for bills to become law without signature26
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If27
vetoed by the governor and subsequently approved by the legislature, this Act shall become28
effective on the day following such approval.29 SB NO. 216
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Greg Waddell.
DIGEST
Present law provides for a Nursing Home Resident's Bill of Rights.
Proposed law retains present law and amends certain rights.
Present law provides for the right to private and uncensored communications, including but
not limited to receiving and sending unopened correspondence; access to a telephone;
visitation with any person of the resident's choice; and overnight visitation outside the
facility with family and friends in accordance with nursing home policies, physician orders,
and Title XVIII (Medicare) and Title XIX (Medicaid) of the Social Security Act regulations,
without the loss of his bed.
Proposed law retains present law and expands a resident's right to be granted immediate
access to the following:
(1)Any representative of the secretary of the United States Department of Health and
Human Services.
(2)Any representative of the State acting pursuant to their duties and responsibilities
under state or federal law.
(3)The resident's individual physician.
(4)The state long term care ombudsman.
(5)The agency responsible for the protection and the advocacy system for
developmentally disabled individuals.
(6)The agency responsible for the protection and the advocacy system for mentally ill
individuals.
(7)Immediate family members, other relatives of the resident, and the resident's clergy
subject to the resident's right to deny or withdraw consent at any time.
(8)Other who are visiting with the consent of the resident, subject to reasonable
restrictions and the resident's right to deny or withdraw consent at any time.
Proposed law provides that the facility shall provide reasonable access to any resident by any
entity or individual that provides health, social, legal, or other services to the resident,
subject to the resident's right to deny or withdraw consent at any time.
Proposed law provides that reasonable restrictions are those imposed by the facility that
protect the security of all the facility's residents. The facility may change the location of
visits to assist care giving or protect the privacy of other residents.
Present law provides for the right to be adequately informed of his medical condition and
proposed treatment, unless otherwise indicated by the resident's physician; to participate in
the planning of all medical treatment, including the right to refuse medication and treatment,
unless otherwise indicated by the resident's physician; and to be informed of the
consequences of such actions.
Proposed law retains present law but removes the provisions which limit the right if it is
otherwise indicated by the resident's physician. SB NO. 216
SLS 10RS-533 ORIGINAL
Page 6 of 6
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Present law provides for the right to have privacy in treatment and in caring for personal
needs; to have closed room doors, and to have facility personnel knock before entering the
room, except in case of an emergency or unless medically contraindicated.
Proposed law retains present law but removes the provision which limits the right if it
medically contraindicated.
Present law provides for the right to be free from mental and physical abuse and from
physical and chemical restraints, except those restraints authorized by a physician for a
specified and limited period of time or those necessitated by an emergency. In case of an
emergency, restraint may only be applied by a qualified licensed nurse, who shall set forth
in writing the circumstances requiring the use of the restraint, and, in case of a chemical
restraint, a physician shall be consulted immediately thereafter. Restraints shall not be used
in lieu of staff supervision or merely for staff convenience or resident punishment, or for any
reason other than resident protection or safety.
Proposed law retains the right to be free from mental and physical abuse and provides for
a different standard the right to be free from any physical or chemical restraint imposed for
the purposes of discipline or convenience, and not required to treat the resident's medical
symptoms.
Present law provides for the right to select a personal physician; to obtain pharmaceutical
supplies and services from a pharmacy of the resident's choice, at the resident's own expense
or through Title XIX of the Social Security Act; and to obtain information about, and to
participate in, community-based activities and programs, unless medically contraindicated,
as documented by a physician in the resident's medical record, and such participation would
violate infection control laws or regulations.
Proposed law adds Title XVIII of the Social Security Act and provides that a resident has
the right to participate in a community based activity or program unless such participation
would violate infection control or quarantine laws or regulations rather than being medically
contraindicated.
Present law provides for the right to retain and use personal clothing and possessions as
space permits, unless to do so would infringe upon the rights of other residents or unless
medically contraindicated as documented by a physician in the resident's medical record.
Clothing need not be provided to the resident by the home except in emergency situations.
If provided, it shall be of reasonable fit.
Proposed law retains present law but removes the limiting provision in the right if exercise
of the right would be medically contraindicated as documented by a physician in the
resident's medical record.
Present law provides for the right to retire and rise in accordance with his reasonable
requests, if he does not disturb others and does not disrupt the posted meal schedules and,
upon the home's request, if he remains in a supervised area unless retiring and rising in
accordance with the resident's request is not medically advisable as documented in his
medical record by the attending physician.
Proposed law provides for the right to retire and rise in accordance with the resident's
personal preference.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 40:2010.8(A)(2)(a) and (b), (6), (8), (10), (12), (13) and (21); adds R.S.
40:2010(A)(2)(c) and (d))