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Regular Session, 2010 ENROLLED
SENATE BILL NO. 803 (Substitute for Senate Bill No. 773 by Sen. Donahue)
BY SENATORS DONAHUE, CHEEK, B. GAUTREAUX, MOUNT, PETERSON AND
NEVERS AND REPRESENTATI VE SIMON
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 a specified office5
of the coroner; to provide for certain services; to provide for consent; to provide for6
the 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
The office of the coroner in a parish having a population between one18
hundred ninety-one thousand and two hundred thousand according to the latest19
federal decennial census is hereby authorized to establish within his office a20
Coroner's Strategic Initiative for a Health Information and Intervention21 SB NO. 803 ENROLLED
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Program, hereinafter referred to as "CSI/HIP".1
§215.2. Coroner's Strategic Initiative for a Health Information and2
Intervention Program; powers and duties3
Subject to the availability of adequate funding, a CSI/HIP may perform4
any of the following functions:5
(1) Provide a home-based support system, which shall not provide any6
mental health treatment but rather shall provide aid to the individual to ensure7
that the treatment protocol is being met and to access available mental health8
resources in the community for persons who satisfy all of the following criteria:9
(a) The person was committed pursuant to Part III of Chapter 1 of Title10
28 of the Louisiana Revised Statutes of 1950.11
(b) The person has completed the treatment program and has been12
released.13
(c) The person has voluntarily consented to have personnel of the14
coroner, performing duties in conjunction with the CSI/HIP, periodically visit15
the person at the person's residence.16
(2) Establish a community resource center that is accessible by telephone17
or Internet to provide twenty-four hour support for persons suffering from a18
mental health or substance abuse condition or disorder by providing19
educational and outreach materials about the resources for mental health20
patients which are available in the community, including the location,21
transportation, and methods for accessing these resources.22
(3) Apply for and receive any grants, funds or monies from any23
foundation, nonprofit organization, state or federal governmental agency or24
entity.25
§215.3. Treatment facilities; dissemination of information26
A. For the purposes of this Section, "treatment facility" shall mean any27
healthcare facility which provides services or treatment to a person who is28
suffering from a mental health or substance abuse condition or disorder except29
for a nursing home as defined in R.S. 40:2009.2.30 SB NO. 803 ENROLLED
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B. A treatment facility shall provide all individuals in the parish1
suffering from a mental health condition or disorder upon discharge or release2
an information and consent form which details the information, programs and3
services which can be provided by the CSI/HIP to individuals suffering from4
mental health conditions and disorders and includes a voluntary consent form5
for the individual to complete if the individual desires to have the treatment6
facility notify the CSI/HIP on behalf of the individual that the individual would7
like to be contacted by the CSI/HIP to receive additional information about the8
program.9
C. The information and consent forms shall be provided to the10
treatment facility by the CSI/HIP.11
§215.4. Consent12
A. Prior to personnel of the coroner's office or CSI/HIP providing any13
home-based supports or services to an individual, the personnel of the coroner's14
office or of the CSI/HIP shall provide the individual in writing a full disclosure15
of all services to be provided, frequency of home visits, and notice that the16
individual may withdraw his consent in writing at any time. In addition, the17
individual shall also consent in writing to the list of persons, if any, with whom18
the personnel of the coroner or the CSI/HIP may discuss his mental condition.19
B. The personnel of the office of the coroner or the CSI/HIP shall ensure20
that if any protected health information of an individual is to be obtained from21
any healthcare provider that the information is obtained in accordance with the22
Health Insurance Portability and Accountability Act of 1996.23
C. The office of the coroner or the CSI/HIP shall provide a copy to the24
individual of all signed consent forms.25
D. All records of interviews, questionnaires, reports, statements, notes,26
and memoranda procured by and prepared by employees or agents of the office27
of coroner or by any other person, agency, or organization acting jointly with28
that office pursuant to a function which is authorized by R.S. 28:215.2 shall be29
deemed nonpublic and confidential information.30 SB NO. 803 ENROLLED
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§215.5. Coroner's Strategic Initiative for a Health Information and1
Intervention Program; advisory board2
A. Each coroner establishing the program authorized in R.S. 28:215.13
shall establish a Coroner's Strategic Initiative for a Health Information and4
Intervention Program Advisory Board to advise the coroner on matters related5
to the services and programs provided through the Coroner's Strategic6
Initiative for a Health Information and Intervention Program. The advisory7
board shall serve the coroner only in an advisory capacity and shall not have8
any control or authority over the services or programs provided or funds9
expended by the office of the coroner to carry out the functions of the Coroner's10
Strategic Initiative for a Health Information and Intervention Program. The11
advisory board shall be domiciled in the same parish in which the CSI/HIP is12
maintained.13
B. The membership of the advisory board shall be the following:14
(1) The executive director of the coroner's office, who shall also serve as15
the chairperson of the advisory board.16
(2) The director of the Mental Health Advocacy Service or his designee.17
(3) One member appointed by the chief executive officer of a hospital18
within the parish where the CSI/HIP is located and which operates a psychiatric19
ward.20
(4) One member appointed by the executive director of the human21
services authority/district which serves the parish where the CSI/HIP is located.22
(5) One member appointed by the National Alliance for the Mentally Ill23
for the parish in which the CSI/HIP is located.24
(6) One member appointed by the Ministerial Alliance for the parish in25
which the CSI/HIP is located.26
(7) One member appointed by the coroner who is a member of a civic27
organization which provides charitable resources or services to low income28
patients in the parish where the CSI/HIP is located.29
C. Meetings of the advisory board shall be held at a time and place as30 SB NO. 803 ENROLLED
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determined by the chairperson or when requested by a majority of the board1
members. Notice of all meetings of the board, together with an agenda of the2
business to come before the board, shall be provided to the public. The board3
shall be subject to the Open Meetings Law (R.S. 42:4.1 et seq.) and the Public4
Records Law (R.S. 44:1 et seq.). A majority of the individuals appointed to the5
board shall constitute a quorum.6
D. Members of the board shall serve on a voluntary basis and shall not7
receive any compensation or reimbursement for expenses.8
§215.6. Limitation of liability9
A. Any and all personnel of the office of the coroner, who are10
performing duties in conjunction with the Coroner's Strategic Initiative for a11
Health Information and Intervention Program ("CSI/HIP"), shall be immune12
from criminal penalties or civil damages resulting from any act, decision,13
omission, communication, or any failure to act, which is made in good faith,14
including but not limited to any action pursuant to Part XXIII of Chapter 5 of15
Title 40 of the Louisiana Revised Statutes of 1950, while engaged in the16
performance of the functions provided for in R.S. 28:215.2, unless the damage17
or injury is caused by willful or wanton negligence or gross misconduct.18
B. For the purposes of this Section, the "personnel of the office of the19
coroner" shall mean any person who provides services or furnishes assistance20
pursuant to this Part, including an employee, contractor, or volunteer.21
Section 2. R.S. 44:4.1(B)(15) is hereby amended and reenacted to read as follows:22
§4.1. Exceptions23
* * *24
B. The legislature further recognizes that there exist exceptions, exemptions,25
and limitations to the laws pertaining to public records throughout the revised26
statutes and codes of this state. Therefore, the following exceptions, exemptions, and27
limitations are hereby continued in effect by incorporation into this Chapter by28
citation:29
* * *30 SB NO. 803 ENROLLED
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(15) R.S. 28:56, 215.4, 391, 3981
* * *2
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: