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Regular Session, 2010
SENATE BILL NO. 803 (Substitute for Senate Bill No. 773 by Sen. Donahue)
BY SENATORS DONAHUE, CHEEK, B. GAUTREAUX, MOUNT, PETERSON AND
NEVERS
CORONERS. Create a Coroner's Strategic Initiative for a Health Information and
Intervention Program in the office of the Coroner. (8/15/10)
AN ACT1
To amend and reenact R.S. 44:4.1(B)(15) and to enact Part IX-A of Chapter 1 of Title 28 of2
the Louisiana Revised Statutes of 1950, to be comprised of R.S. 28:215.1 through3
215.6, relative to coroners; to provide for the establishment of a Coroner's Strategic4
Initiative for a Health Information and Intervention Program within offices of the5
coroner; to provide for certain services; to provide for consent; to provide for the6
Coroner's Strategic Initiative for a Health Information and Intervention Program7
advisory board; to provide for an exception to the public records law; to provide for8
duties of certain treatment facilities; to provide for limitations of liability; and to9
provide for related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. Part IX-A of Chapter 1 of Title 28 of the Louisiana Revised Statutes of12
1950, comprised of R.S. 28:215.1 through 215.6, is hereby enacted to read as follows:13
PART IX-A. CORONER'S STRATEGIC INITIATIVE FOR A14
HEALTH INFORMATION AND INTERVENTION PROGRAM15
§215.1. Coroner's Strategic Initiative for a Health Information and16
Intervention Program; creation17 SB NO. 803
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The office of the coroner in each parish is hereby authorized to establish1
within his office a Coroner's Strategic Initiative for a Health Information and2
Intervention Program, hereinafter referred to as "CSI/HIP".3
§215.2. Coroner's Strategic Initiative for a Health Information and4
Intervention Program; powers and duties5
A. Subject to the availability of adequate funding, a CSI/HIP may6
perform any of the following functions:7
(1) Provide a home-based support system, which shall not provide any8
mental health treatment but rather shall provide aid to the individual to ensure9
that the treatment protocol is being met and to access available mental health10
resources in the community for persons who satisfy all of the following criteria:11
(a) The person was committed pursuant to Part III of Chapter 1 of Title12
28 of the Louisiana Revised Statutes of 1950.13
(b) The person has completed the treatment program and has been14
released.15
(c) The person has voluntarily consented to have personnel of the16
coroner, performing duties in conjunction with the CSI/HIP, periodically visit17
the person at the person's residence.18
(2) Establish a community resource center that is accessible by telephone19
or Internet to provide twenty-four hour support for persons suffering from a20
mental health or substance abuse condition or disorder by providing21
educational and outreach materials about the resources for mental health22
patients which are available in the community, including the location,23
transportation, and methods for accessing these resources.24
(3) Apply for and receive any grants, funds or monies from any25
foundation, nonprofit organization, state or federal governmental agency or26
entity.27
§215.3. Treatment facilities; dissemination of information28
A. For the purposes of this Section, "treatment facility" shall mean any29 SB NO. 803
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healthcare facility which provides services or treatment to a person who is1
suffering from a mental health or substance abuse condition or disorder except2
for a nursing home as defined in R.S. 40:2009.2.3
B. A treatment facility shall provide all individuals in the parish4
suffering from a mental health condition or disorder upon discharge or release5
an information and consent form which details the information, programs and6
services which can be provided by the CSI/HIP to individuals suffering from7
mental health conditions and disorders and includes a voluntary consent form8
for the individual to complete if the individual desires to have the treatment9
facility notify the CSI/HIP on behalf of the individual that the individual would10
like to be contacted by the CSI/HIP to receive additional information about the11
program.12
C. The information and consent forms shall be provided to the13
treatment facility by the CSI/HIP.14
§215.4. Consent15
A. Prior to personnel of the coroner's office or CSI/HIP providing any16
home-based supports or services to an individual, the personnel of the coroner's17
office or of the CSI/HIP shall provide the individual in writing a full disclosure18
of all services to be provided, frequency of home visits, and notice that the19
individual may withdraw his consent in writing at any time. In addition, the20
individual shall also consent in writing to the list of persons, if any, to which the21
personnel of the coroner or the CSI/HIP may discuss his mental condition.22
B. The personnel of the office of the coroner or the CSI/HIP shall ensure23
that if any protected health information of an individual is to be obtained from24
any healthcare provider that the information is obtained in accordance with the25
Health Insurance Portability and Accountability Act of 1996.26
C. The office of the coroner or the CSI/HIP shall provide a copy to the27
individual of all signed consent forms.28
D. All records of interviews, questionnaires, reports, statements, notes,29 SB NO. 803
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and memoranda procured by and prepared by employees or agents of the office1
of coroner or by any other person, agency, or organization acting jointly with2
that office pursuant to a function which is authorized by R.S. 28:215.1 shall be3
deemed nonpublic and confidential information.4
§215.5. Coroner's Strategic Initiative for a Health Information and5
Intervention Program; advisory board6
A. Each coroner establishing the program authorized in R.S. 28:215.17
shall establish a Coroner's Strategic Initiative for a Health Information and8
Intervention Program Advisory Board to advise the coroner on matters related9
to the services and programs provided through Coroner's Strategic Initiative10
for a Health Information and Intervention Program. The advisory board shall11
serve the coroner only in an advisory capacity and shall not have any control or12
authority over the services or programs provided or funds expended by the13
office of the coroner to carry out the functions of the Coroner's Strategic14
Initiative for a Health Information and Intervention Program. The advisory15
board shall be domiciled in the same parish in which the CSI/HIP is maintained.16
B. The membership of the advisory board shall be the following:17
(1) The executive director of the coroner's office, who shall also serve as18
the chairperson of the advisory board.19
(2) The director of the Mental Health Advocacy Service or his designee.20
(3) One member appointed by the chief executive officer of a hospital21
within the parish where the CSI/HIP is located and which operates a psychiatric22
ward.23
(4) One member appointed by the executive director of the human24
services authority/district which serves the parish where the CSI/HIP is located.25
(5) One member appointed by the National Alliance for the Mentally Ill26
for the parish in which the CSI/HIP is located.27
(6) One member appointed by the Ministerial Alliance for the parish in28
which the CSI/HIP is located.29 SB NO. 803
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(7) One member appointed by the coroner who is a member of a civic1
organization which provides charitable resources or services to low income2
patients in the parish where the CSI/HIP is located.3
C. Meetings of the advisory board shall be held at a time and place as4
determined by the chairperson or when requested by a majority of the board5
members. Notice of all meetings of the board, together with an agenda of the6
business to come before the board, shall be provided to the public. The board7
shall be subject to the Open Meetings Law (R.S. 42:4.1 et seq.) and the Public8
Records Law (R.S. 44:1 et seq.). A majority of the individuals appointed to the9
board shall constitute a quorum.10
D. Members of the board shall serve on a voluntary basis and shall not11
receive any compensation or reimbursement for expenses.12
§215.6. Limitation of liability13
(1) Any and all personnel of the office of the coroner, who are14
performing duties in conjunction with the Coroner's Strategic Initiative for a15
Health Information and Intervention Program ("CSI/HIP"), shall be immune16
from criminal penalties or civil damages resulting from any act, decision,17
omission, communication, or any failure to act, which is made in good faith,18
including but not limited to any action pursuant to Part XXIII of Chapter 5 of19
Title 40 of the Louisiana Revised Statutes of 1950, while engaged in the20
performance of the functions provided for in R.S. 28:215.1, unless the damage21
or injury is caused by willful or wanton negligence or gross misconduct.22
(2) For the purposes of this Section, the "personnel of the office of the23
coroner" shall mean any person who provides services or furnishes assistance24
pursuant to this Part, including an employee, contractor, or volunteer.25
Section 2. R.S. 44:4.1(B)(15) is hereby amended and reenacted to read as follows:26
§4.1. Exceptions27
* * *28
B. The legislature further recognizes that there exist exceptions, exemptions,29 SB NO. 803
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and limitations to the laws pertaining to public records throughout the revised1
statutes and codes of this state. Therefore, the following exceptions, exemptions, and2
limitations are hereby continued in effect by incorporation into this Chapter by3
citation:4
* * *5
(15) R.S. 28:56, 215.4, 391, 3986
* * *7
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Greg Waddell.
DIGEST
Proposed law authorizes the office of the coroner in each parish to establish a Coroner's
Strategic Initiative for a Health Information and Intervention Program, hereinafter referred
to as "CSI/HIP".
Proposed law provides that subject to the availability of adequate funding, a CSI/HIP may
perform any of the following functions:
(1) Provide a home-based support system, which shall not provide any mental health
treatment but rather shall provide aid to the individual to ensure that the treatment
protocol is being met and to access available mental health resources in the
community for persons who satisfy certain criteria in proposed law.
(2) Establish a community resource center that is accessible by telephone or internet to
provide twenty-four hour support for persons suffering from a mental health or
substance abuse condition or disorder by providing educational and outreach
materials about the resources for mental health patients which are available in the
community, including the location, transportation, and methods for accessing these
resources.
(3) Apply for and receive any grants, funds or monies from any foundation, nonprofit
organization, state or federal governmental agency or entity.
Proposed law provides a treatment facility shall provide all individuals in the parish
suffering from a mental health condition or disorder upon discharge or release an
information and consent form which details the information, programs and services which
can be provided by the CSI/HIP to individuals suffering from mental health conditions and
disorders and includes a voluntary consent form for the individual to complete if the
individual desires to have the treatment facility notify the CSI/HIP on behalf of the
individual that the individual would like to be contacted by the CSI/HIP to receive additional
information about the program.
Proposed law provides that the information and consent forms shall be provided to the
treatment facility by the CSI/HIP.
Proposed law provides that prior to personnel of the coroner's office or CSI/HIP providing
any home-based supports or services to an individual, the personnel of the coroner's office
or of the CSI/HIP shall provide the individual in writing a full disclosure of all services to
be provided, frequency of home visits, and notice that the individual may withdraw his SB NO. 803
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words in boldface type and underscored are additions.
consent in writing at any time.
Proposed law provides that the individual shall also consent in writing to the list of persons,
if any, to which the personnel of the coroner or the CSI/HIP may discuss his mental
condition.
Proposed law provides that the personnel of the office of the coroner or the CSI/HIP shall
ensure that if any protected health information of an individual is to be obtained from any
healthcare provider that the information is obtained in accordance with HIPPA.
Proposed law provides that the office of the coroner or the CSI/HIP shall provide a copy to
the individual of all signed consent forms.
Proposed law provides that all records of interviews, questionnaires, reports, statements,
notes, and memoranda procured by and prepared by employees or agents of the office of
coroner or by any other person, agency, or organization acting jointly with that office
pursuant to a function which is authorized by proposed law shall be deemed nonpublic and
confidential information.
Proposed law provides that if a coroners office establishes a program pursuant to proposed
law that the office of the coroner shall also establish a Coroner's Strategic Initiative for a
Health Information and Intervention Program Advisory Board to advise the coroner on
matters related to the services and programs provided through Coroner's Strategic Initiative
for a Health Information and Intervention Program.
Proposed law provides that the advisory board shall serve the coroner only in an advisory
capacity and shall not have any control or authority over the services or programs provided
or funds expended by the office of the coroner to carry out the functions of the Coroner's
Strategic Initiative for a Health Information and Intervention Program.
Proposed law provides that the membership of the advisory board shall be the following:
(1) The executive director of the coroner's office, who shall also serve as the chairperson
of the advisory board.
(2) The director of the Mental Health Advocacy Service or his designee.
(3) One member appointed by the chief executive officer of a hospital within the parish
where the CSI/HIP is located and which operates a psychiatric ward.
(4)One member appointed by the executive director of the human services
authority/district which serves the parish where the CSI/HIP is located.
(5) One member appointed by the National Alliance for the Mentally Ill for the parish
in which the CSI/HIP is located.
(6) One member appointed by the Ministerial Alliance for the parish in which the
CSI/HIP is located.
(7) One member appointed by the coroner who is a member of a civic organization
which provides charitable resources or services to low income patients in the parish
where the CSI/HIP is located.
Proposed law provides that meetings of the advisory board shall be held at a time and place
as determined by the chairperson or when requested by a majority of the board members.
Notice of all meetings of the board, together with an agenda of the business to come before
the board, shall be provided to the public. SB NO. 803
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words in boldface type and underscored are additions.
Proposed law provides that the board shall be subject to the Open Meetings Law (R.S. 42:4.1
et seq.) and the Public Records Law (R.S. 44:1 et seq.).
Proposed law provides that members of the board shall serve on a voluntary basis and shall
not receive any compensation or reimbursement for expenses.
Proposed law provides that any and all personnel of the office of the coroner, who are
performing duties in conjunction with the Coroner's Strategic Initiative for a Health
Information and Intervention Program ("CSI/HIP"), shall be immune from criminal penalties
or civil damages resulting from any act, decision, omission, communication, or any failure
to act, which is made in good faith unless the damage or injury is caused by willful or
wanton negligence or gross misconduct.
Effective August 15, 2010.
(Adds R.S. 28:215.1 - 215.6)