HLS 12RS-1334 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
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Regular Session, 2012
HOUSE BILL NO. 938
BY REPRESENTATIVE SIMON
HOSPITALS: Provides for the transfer of hospital inpatients who require specialized care
to other hospitals
AN ACT1
To amend and reenact R.S. 40:2113.6(D), (E), and (F) and to enact R.S. 40:2113.6(G),2
relative to the Hospital Licensing Law, to prohibit hospital personnel from denying3
or refusing to accept an inpatient transfer of a person in need of specialized4
capabilities; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 40:2113.6(D), (E), and (F) are amended and reenacted and R.S.7
40:2113.6(G) is hereby enacted to read as follows: 8
ยง2113.6. Emergency diagnoses and services; inpatient transfers; denial for inability9
to pay; discriminatory practices10
* * *11
D. No officer, employee, or member of the medical staff of a hospital12
licensed by the Department of Health and Hospitals, private or public, that has13
specialized capabilities or facilities that the transferring hospital does not, shall deny14
or refuse to accept an inpatient transfer of a person who requires such specialized15
capabilities, if such hospital has the capacity to treat the individual, because the16
person is unable to establish his ability to pay for the services or because of race,17
religion, or national ancestry. Further, a closer facility with capacity and specialized18
capabilities or facilities shall not be the basis for the denial or refusal of a requested19
transfer. However, lateral transfers are prohibited except in instances where the20 HLS 12RS-1334 ORIGINAL
HB NO. 938
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transferring hospital has a serious capacity problem. In addition, the person needing1
the specialized services shall not be subjected by any such person to arbitrary,2
capricious, or unreasonable discrimination based on age, sex, physical condition, or3
economic status.4
D. E. No hospital or any officer or employee who makes a good faith effort5
to comply with the provisions of this Section shall be found in violation of this6
Section for the failure of another officer, employee, or member of the medical staff7
or physician to provide or delegate the provision of medical services or diagnosis as8
required by this Section.9
E. F. Each hospital to which this Section applies shall provide written notice10
of the provisions of this Section to all officers, employees, and members of the11
medical staff, and other appropriate personnel who have duties related to access to12
and delivery of emergency services.13
F. G. An officer, employee, or member of the medical staff of a hospital who14
intentionally or recklessly violates the provisions of this Section may be subject to15
a fine of not more than five thousand dollars and may be suspended from the state16
medical assistance program. Subsequent intentional or reckless violations shall be17
punishable by a fine of five thousand dollars and termination of participation in the18
state medical assistance program. For the purposes of this Section, any violation19
occurring more than six months after the last such violation shall not be considered20
a subsequent violation.21
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)]
Simon HB No. 938
Abstract: Authorizes the inpatient transfer of a person in need of specialized capabilities.
Proposed law prohibits officers, employees, or members of the medical staff of a hospital
licensed by the Department of Health and Hospitals, private or public, which has specialized
capabilities or facilities that the transferring hospital does not, from denying or refusing to
accept an inpatient transfer of a person who requires such specialized capabilities, if such
hospital has the capacity to treat the individual, because the person is unable to establish his HLS 12RS-1334 ORIGINAL
HB NO. 938
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
ability to pay for the services or because of race, religion, or national ancestry. Further,
prohibits the denial or refusal of a transfer based upon the existence of a closer facility with
capacity and specialized capabilities or facilities. Also, prohibits lateral transfers except in
instances where the transferring hospital has a serious capacity problem. Provides that the
person needing the specialized services cannot be subjected by any such person to arbitrary,
capricious, or unreasonable discrimination based on age, sex, physical condition, or
economic status.
(Amends R.S. 40:2113.6(D, (E), and (F); Adds R.S. 40:2113.6(G))