SLS 10RS-920 ORIGINAL
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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. 360
BY SENATOR BROOME
HEALTH CARE. Extends the facility need review approval for licensed intermediate care
facilities for people with developmental disabilities that are located in certain areas. (gov sig)
AN ACT1
To amend and reenact R.S. 40:2116(J)(1), relative to facility need review; to provide for2
facility need review approvals for certain intermediate care facilities for people with3
developmental disabilities; to provide for the extension of such facility need review4
approvals; to delete the provisions that provide for applicability of the exception to5
nursing homes; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 40:2116(J)(1) is hereby amended and reenacted to read as follows:8
ยง2116. Facility need review9
* * *10
J.(1) Notwithstanding any other provision of law to the contrary, the facility11
need review approval for licensed nursing homes or intermediate care facilities for12
people with developmental disabilities (ICF/DD) located in an area or areas which13
have been affected by an executive order or proclamation of emergency or disaster14
and which were operating at the time the executive order or proclamation was issued15
under R.S. 29:724 shall remain in effect and shall not be terminated, considered to16
have expired, or revoked until January 1, 2010 2012. For this exception to apply, the17 SB NO. 360
SLS 10RS-920 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
emergency or disaster shall be the sole causal factor in the interruption of the1
provision of services. This exception shall not apply if any one of the following2
occurs:3
(a) The approval is voluntarily surrendered by the provider.4
(b) The provider fails to notify in writing the health standards section of the5
Department of Health and Hospitals of its intention to avail itself of the continuation6
of facility need review approval no later than December 31, 2005.7
(c) The provider fails to recommence providing services prior to January 1,8
2010 2012.9
* * *10
Section 2. This Act shall become effective upon signature by the governor or, if not11
signed by the governor, upon expiration of the time for bills to become law without signature12
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If13
vetoed by the governor and subsequently approved by the legislature, this Act shall become14
effective on the day following such approval.15
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Greg Waddell.
DIGEST
Present law provides that the facility need review approval for licensed nursing homes or
intermediate care facilities for people with developmental disabilities (ICF/DD) located in
an area or areas which have been affected by an executive order or proclamation of
emergency or disaster and which were operating at the time the executive order or
proclamation was issued under R.S. 29:724 shall remain in effect and shall not be
terminated, considered to have expired, or revoked until January 1, 2010.
Proposed law removes nursing facilities from the exception to the facility need review
approval process and extends the time from January 1, 2010 to January 1, 2012, in which the
approval will remain in effect and shall not be terminated, considered to have expired, or
revoked.
Present law provides that the exception to the facility need review approval shall not apply
if any one of the following occurs:
(1)The approval is voluntarily surrendered by the provider.
(2)The provider fails to notify in writing the health standards section of the Department
of Health and Hospitals of its intention to avail itself of the continuation of facility
need review approval no later than December 31, 2005. SB NO. 360
SLS 10RS-920 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(3)The provider fails to recommence providing services prior to January 1, 2010.
Proposed law retains present law but extends the date at which the provider must
recommence providing services from January 1, 2010, to January 1, 2012.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 40:2116(J)(1))