Louisiana 2012 Regular Session

Louisiana House Bill HB418 Latest Draft

Bill / Introduced Version

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Regular Session, 2012
HOUSE BILL NO. 418
BY REPRESENTATIVE HARRISON
HEALTH:  Restructures the Health Education Authority of La.
AN ACT1
To amend and reenact R.S. 17:3051, 3052(introductory paragraph) and (1) through (3), and2
3053 and to repeal R.S. 17:3052(4) through (9) and 3055(6) through (10), relative3
to the Health Education Authority of Louisiana; to provide relative to the purposes4
and functions of the authority; to provide for the membership of the authority and5
their selection; to provide for the domicile of the authority; to provide for the powers6
of the authority; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 17:3051, 3052(introductory paragraph) and (1) through (3), and 30539
are hereby amended and reenacted as follows: 10
§3051.  Statement of purpose and function11
A. In order to promote the medical and/or health educational activities of12
various public and private institutions and organizations in the state of Louisiana and13
to promote health and welfare of its citizens through encouraging and assisting in the14
provision of medical care and prompt and efficient health and health related services15
at reasonable cost by public and private institutions and organizations in modern,16
well-equipped facilities, and to strive to achieve superlative standards of attainment17
in health care and education that will place Louisiana in the position of regional,18
national, and international leadership in those fields, it is hereby declared to be in the19 HLS 12RS-1023	ORIGINAL
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public interest that the Health Education Authority of Louisiana be created within the1
Department of Health and Hospitals.2
B. The purposes and functions of the authority are:3
(1)  To operate, in accordance with a master plan, a cooperative and4
coordinated multi-institutional complex that will serve to attract, encourage and5
assist public and private institutions and organizations that are dedicated to6
exemplary patient care, health science education and biomedical research, as well as7
organizations providing facilities and/or services deemed appropriate by the8
authority, to locate and/or operate in a functional geographic relationship with said9
complex. To create a cooperative and coordinated multi-institutional program that10
will serve to attract, encourage, and assist public and private institutions and11
organizations that are dedicated to exemplary patient care, health science education,12
and biomedical research, as well as organizations providing facilities and services13
considered appropriate by the authority. The location and operation shall be in a14
functional geographic relationship by a system of three designated regions of15
Louisiana as follows:16
(a) The northern region consisting of Shreveport, Monroe, and Alexandria17
Health Service Planning Region, as designated by the Louisiana Regional Medical18
Program in 1969.19
(b)  The central region consisting of the Baton Rouge, Lafayette, and Lake20
Charles Health Service Planning Regions, as designated by the Louisiana Regional21
Medical Program in 1969.22
(c) The southern region consisting of the New Orleans and Bayou-River23
Health Planning Region, as designated by the Louisiana Regional Medical Program24
in 1969.25
(2)  To aid in the development of health care and education programs by the26
primary and participating institutions and to assist in the coordination of planning27
and in implementing the attainment of the objectives of such institutions. To provide28
each region with a university medical center for decentralization and redistribution29 HLS 12RS-1023	ORIGINAL
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of health care services and health education facilities in terms of meaningful1
aggregates of people as follows:2
(a) To charge the medical school located at the Louisiana State University3
Health Science Center-Shreveport with responsibility for the northern region. The4
dean of the medical school and university hospital administrator shall report to the5
chancellor of Louisiana State University in Shreveport.6
(b) To charge the medical center to be developed at Louisiana State7
University in Baton Rouge with responsibility for the central region. The dean of the8
medical school and university hospital administrator shall report to the chancellor of9
Louisiana State University in Baton Rouge.  The Louisiana State University Board10
of Supervisors is hereby urged to:11
(i) Phase out and relocate the medical school located at Louisiana State12
University Health Science Center-New Orleans for assignment to the central region13
for the common good of Louisiana citizens and to end duplicate medical education14
facilities.15
(ii) Combine the basic medical science resources and faculties of the medical16
school located at Louisiana State University Health Science Center-New Orleans and17
Louisiana State University School of Veterinary Medicine in the central region to18
serve each for the common good and without duplication.19
(iii) Relocate the Louisiana State University Health Science Center-New20
Orleans library from New Orleans to the Louisiana State University in Baton Rouge.21
(c) To provide to the University of Louisiana at Lafayette as a participating22
educational institution of the central region the following programs:23
(i)  An institute for the gifted and talented child.24
(ii)  An institute for children's behavioral and psychological study.25
(d) To provide for a children's hospital and medical center at the current site26
of the University Medical Center in Lafayette.  The physician services for the27
children's hospital shall be provided by the medical school operated by Louisiana28 HLS 12RS-1023	ORIGINAL
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State University to be located in Baton Rouge.  Nursing and other allied health1
services shall be provided by the University of Louisiana at Lafayette.2
(e)  To charge the Tulane University Medical Center with responsibility for3
the southern region by providing plans and mechanisms wherein other greater New4
Orleans colleges and universities in the southern region can participate in the various5
health sciences programs.6
(f) To charge Tulane University with management, by contract, of the7
Medical Center of Louisiana at New Orleans, the Interim Public Hospital, and its8
replacement facility, and to operate this facility as an urban community hospital with9
open medical staff privileges and also as a communicable and tropical diseases10
institute for the public domain.11
(g)  To urge and direct the Louisiana State University Board of Supervisors12
to transfer the nursing school and allied health professions located at the Louisiana13
State University Health Science Center-New Orleans with all its properties to the14
University of New Orleans. All vacant buildings shall be transferred to the15
University of New Orleans.16
(h) To provide for the  Louisiana State University School of Dentistry and17
its facility.18
(i) To provide, by contract, with the Orleans Parish Medical Society and with19
Tulane University, for the use of their combined Medical-Health Sciences library,20
housed in the Tulane University Medical Center, as the Medical-Health Sciences21
library for all southern region institutions.22
(3)  To acquire or assist in the acquisition of land and the planning,23
acquisition, construction, reconstruction, rehabilitation, improvement and24
development of facilities in the complex and primary service area for the use of the25
primary and participating institutions, and the development, acquisition,26
construction, reconstruction, rehabilitation, improvement and operation of jointly27
usable facilities for such institutions, and To provide for plans and mechanisms in28
all public and private colleges and universities, and other educational institutions29 HLS 12RS-1023	ORIGINAL
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located in a designated region, for such institutions to participate in various allied1
health educational programs.2
(4) To assist in or provide for the financing of any of the above and3
foregoing activities or facilities in the manner hereinafter authorized.4
§3052.  Definitions Functions5
The following terms shall have the following meanings, unless the context6
clearly indicates otherwise: The Health Education Authority of Louisiana shall have7
the following functions:8
(1)  "Act" shall mean Act 112 of the Regular Session of the Legislature of9
Louisiana for the year 1968, as amended, which Act as so amended now appears as10
La.R.S. 17:3051 to La.R.S. 17:3060, inclusive, and all future acts supplemental11
thereto or amendatory thereof. Aiding in the development of health care and12
education programs by participating institutions and assisting in the coordination of13
planning and implementing the attainment of the objectives of these institutions.14
(2)  "Authority" shall mean the Health Education Authority of Louisiana, and15
when used in connection with action authorized to be taken by the authority, shall16
mean the authority acting by and through its board of trustees. Acquiring or assisting17
in the acquisition of land and the planning, acquisition, construction, reconstruction,18
rehabilitation, improvement, and development of facilities in a given region.19
(3)  "Board" shall mean the board of trustees of the Health Education20
Authority of Louisiana. Assisting in or providing for the financing of any of the21
activities or facilities specified in this Section in the manner hereinafter authorized.22
§3053. Health Education Authority of Louisiana; creation; domicile; membership;23
terms; vacancies; quorum; staff24
A. There is hereby created in the office of management and finance of the25
Department of Health and Hospitals the Health Education Authority of Louisiana,26
which is hereby declared to be a body corporate and public, constituting an27
instrumentality of the state of Louisiana and exercising public and essential28 HLS 12RS-1023	ORIGINAL
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governmental functions. The domicile of the authority shall be in the city of 	New1
Orleans Baton Rouge.2
B. The power to establish policy to carry out the intent of this Chapter shall3
be vested in a board of trustees which shall consist of the governor as ex-officio4
trustee and thirteen persons selected as follows:5
(1)  Two members shall be appointed by the governor from a list of six names6
submitted by the Board of Supervisors of Louisiana State University and7
Agricultural and Mechanical College. One member shall be appointed by the8
governor from the state at large.9
(2)  Two members shall be appointed by the governor from a list of six names10
submitted by the Board of Administrators of the Tulane Educational Fund, Tulane11
University of Louisiana. Four members appointed by the governor from the northern12
region, including one physician each from Shreveport, Monroe, and Alexandria.13
(3)  Two members shall be appointed by the governor from a list of six names14
submitted by the Board of Administrators of Charity Hospital of Louisiana at New15
Orleans. Four members appointed by the governor from the central region, including16
one physician each from Baton Rouge, Lafayette, and Lake Charles.17
(4)  Two members shall be appointed by the governor from a list of six names18
submitted by the Executive Board of the Louisiana State Medical Society. Four19
members appointed by the governor from the southern region, including one20
physician from New Orleans and two from the Bayou-River Health Planning Region,21
as designated by the Louisiana Regional Medical Program in 1969.22
(5) One member shall be appointed by the governor from a list of six names23
submitted by the statewide dental associations.24
(6) One member shall be appointed by the mayor of the city of New Orleans25
with the advice and consent of the Commission Council from a list of five names,26
one each submitted by the Board of Administrators of the Tulane Educational Fund,27
Tulane University of Louisiana; the Board of Administrators of Charity Hospital of28
Louisiana at New Orleans; the Board of Supervisors of Louisiana State University29 HLS 12RS-1023	ORIGINAL
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and Agricultural and Mechanical College; local dental association memberships1
including Orleans Parish dentists; and the Orleans Parish Medical Society.2
(7) Three members shall be appointed by the governor from the state at3
large.4
C. No person appointed directly by the governor or mayor or nominated by5
any of the nominating groups or individuals shall be associated in any staff or6
advisory capacity for which he receives payment for services from Louisiana State7
University and Agricultural and Mechanical College Board of Supervisors and its8
institutions, colleges, and universities, Tulane University of Louisiana, or Charity9
Hospital of Louisiana at New Orleans Medical Center of Louisiana at New Orleans,10
any statewide dental association, or the Louisiana State Medical Society.11
D.  Each appointment by the governor shall be submitted to the Senate for12
confirmation.13
E. Members of the board who are appointed by the governor shall serve at14
the pleasure of the governor. The member appointed by the mayor of New Orleans15
shall serve a term of six years.16
F. A vacancy occurring on the board for any reason shall be filled in the17
same manner as the original appointment.18
G. The board shall employ a professionally qualified executive director to19
carry out the policies established by the board.  The secretary of the Department of20
Health and Hospitals shall employ such staff as is necessary to carry out the policies21
and directives of the board and to operate and administer the functions of the22
authority.  The compensation of the executive director shall be determined by the23
board and he shall be in the unclassified service of the state.24
Section 2. R.S. 17:3052(4) through (9) and 3055(6) through (10) are hereby repealed25
in their entirety.26 HLS 12RS-1023	ORIGINAL
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Harrison	HB No. 418
Abstract: Restructures and provides with respect to the powers of the Health Education
Authority of La.
Present law provides that the purposes and functions of the Health Education Authority of
Louisiana (HEAL) are:
(1)To operate, in accordance with a master plan, a multi-institutional complex of health
care facilities.
(2)To aid in the development of health care and education programs.
(3)To acquire or assist in the acquisition of jointly usable facilities.
(4)To assist or provide financing.
Proposed law provides that HEAL's purposes are:
(1)To create a multi-institutional health care complex by providing for facilities in three
regions.
(2)To provide each region with a university medical center for decentralization of health
care services by charging various existing medical institutions with providing
services in three regions: northern, central, and southern; granting certain programs
to certain institutions; urging that medical facilities be relocated; providing for plans
for universities and colleges to participate in allied health services education
programs.
Proposed law provides that HEAL's functions are to aid in the development of health care
and education programs; to acquire or assist in the acquisition of land; to assist in financing.
Present law provides for a 13-member board to serve for staggered terms, with nine of the
members being appointed by the governor from lists submitted by various medical
institutions or societies, three members being appointed by the governor at large, and one
member being appointed by the mayor of New Orleans.
Proposed law provides that 13 members be appointed by the governor, four from each of the
three regions as provided for in proposed law, and one from the state at large, all to serve
at the pleasure of the governor.
Proposed law changes the domicile of the authority 	from New Orleans to Baton Rouge.
Proposed law repeals the authority of HEAL to acquire immovable property, to manage real
property, to borrow money, to formulate a master plan, or to construct or manage hospitals.
(Amends R.S. 17:3051, 3052(intro. para.) and (1)-(3), and 3053; Repeals R.S. 17:3052(4)-(9)
and 3055(6)-(10))