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Regular Session, 2013
HOUSE BILL NO. 284
BY REPRESENTATIVE ORTEGO
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HEALTH SERVICES: Transfers governance and control of state hospitals from LSU to
human services districts and authorities of the state and provides for delivery and
financing of health services by such districts and authorities
AN ACT1
To amend and reenact R.S. 11:162(E)(1), R.S. 15:713(A)(2), 824(B)(1)(c)(ii), and2
831(B)(2), R.S. 17:3215(6) and (7), R.S. 28:831(A)(introductory paragraph) and (2),3
(C)(1)(a), (b)(i) through (iii), (E), and (F)(1), (4), and (5), 852(A), 853(B), 854(A)(2)4
and (5) and (D), 856, 862(A), 863(B), 864(A)(2) and (5) and (D), 866, 872(A),5
873(B), 874(A) and (D), 876, 892, 893(B), 894(A), (B)(introductory paragraph) and6
(5), and (D), 896, 902(A), 903(B)(1), 904(A)(6) and (D), 906, 912(A)(1) and (B),7
913(A)(2) and (3), 915(C) and (F)(5), 917(A) and (D), and 920, R.S. 36:254(A)(14)8
and (F)(1) and 259(FF), R.S. 39:98.3(B)(3), 98.4(B)(3), 1533(A), 1536(A)(2),9
1543(D), and 1593.1(A), R.S. 40:1300.83(3) and 2018.1(B)(13), R.S. 42:398 and10
808(D)(1), R.S. 43:31(B)(3), and R.S. 46:160.8(A)(3)(a), 1072(2)(b), 1083(C),11
1093(C), 2605(B)(27), and 2761(B), to enact R.S. 28:854(A)(6), 864(A)(6),12
904(A)(7), and 915(G), R.S. 36:254(A)(15) and (16), R.S. 40:2003, and Chapter 3613
of Title 40 of the Louisiana Revised Statutes of 1950, to be comprised of R.S.14
40:2861 through 2972, and to repeal Subparts C-1 and C-2 of Part II of Chapter 4 of15
Title 17 of the Louisiana Revised Statutes of 1950, comprised of R.S. 17:151616
through 1519.18, R.S. 28:4, Chapter 2 of Title 28 of the Louisiana Revised Statutes17
of 1950, comprised of R.S. 28:241 through 261, R.S. 28:912(C), R.S. 43:31(B)(2)(d),18
and Chapter 10-D of Title 46 of the Louisiana Revised Statutes of 1950, comprised19
of R.S. 46:1191 through 1196, relative to the delivery and financing of health care20 HLS 13RS-512 ORIGINAL
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and human services; to transfer public hospitals and their funds, property, records,1
obligations, functions, and employees from the governance and control of the Board2
of Supervisors of Louisiana State University and Agricultural and Mechanical3
College to the governance and control of human services districts and authorities; to4
provide for the governing boards, facilities, functions, and employees of human5
services districts and authorities; to provide for statewide human services delivery;6
to provide for the operation of public hospitals by human services districts and7
authorities under the overall direction of the governing boards of those districts and8
authorities; to provide for the powers and duties of the human services districts and9
authorities and their boards, including provisions for funds, funding, taxation, and10
the issuance of debt; to provide relative to the purpose of such tax and for certain11
requirements and limitations concerning elections held to authorize such tax; to12
provide for legislative approval for certain actions and for certain reports to the13
legislature and legislative committees; to terminate the authority of the Board of14
Supervisors of Louisiana State University and Agricultural and Mechanical College15
to direct, control, supervise, manage, and administer the affairs of public hospitals;16
to create and provide for membership, powers, and duties of the Medical Education17
Commission; to provide for membership of certain boards and commissions; to18
provide relative to the powers and duties of the secretary of the Department of Health19
and Hospitals; to provide for an effective date; and to provide for related matters.20
Be it enacted by the Legislature of Louisiana:21
Section 1. R.S. 11:162(E)(1) is hereby amended and reenacted to read as follows:22
§162. Classes of employees not eligible for membership23
* * *24
E.(1) Notwithstanding any provision of law to the contrary, no person25
employed in a position in an unclassified health care professional employee pool26
established pursuant to R.S. 17:1519.16 R.S. 40:2964 shall be or become a member27
of any system to which this Section applies.28
* * *29 HLS 13RS-512 ORIGINAL
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Section 2. R.S. 15:713(A)(2), 824(B)(1)(c)(ii), and 831(B)(2) are hereby amended1
and reenacted to read as follows:2
§713. Medical expenses of prisoners in extraordinary circumstances3
A. Notwithstanding any other provision of law to the contrary, whenever4
circumstances, as provided herein, require a sheriff to transfer inmates to or from a5
parish prison or jail to a hospital or medical center, the state shall be responsible for6
and shall reimburse the appropriate authority for medical care incurred to attend such7
prisoners, including the payment of all costs when hospitalization is required, when8
all of the following occur:9
* * *10
(2) The Board of Supervisors of Louisiana State University and Agricultural11
and Mechanical College board of a human services district or authority established12
in Title 28 of the Louisiana Revised Statutes of 1950 declares that the state a public13
hospital operated as part of the Louisiana State University Health Sciences Center14
district or authority, which typically provides the medical care to inmates in that15
parish, has been rendered inoperable and is unable to provide medical treatment to16
those inmates.17
* * *18
§824. Commitment of persons to the Department of Public Safety and Corrections19
* * *20
B.(1)21
* * *22
(c) In addition, the department shall reimburse the cost of extraordinary23
medical expenses incurred in emergency circumstances when the health of the24
inmate requires the use of the closest services available. The department shall not25
be liable to pay to a health care provider for health care services provided to a26
prisoner in an amount greater than the lesser of the actual amount billed by the health27
care provider, one hundred ten percent of the Medicare rate of compensation, or the28
health care provider's actual costs, unless the rate of compensation for such health29 HLS 13RS-512 ORIGINAL
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care services is subject to a contractual agreement entered into between the1
department and the health care provider. The rate provided for herein shall be2
reevaluated by the legislature prior to a rate being established for Fiscal Year 2010-3
2011. The department shall require an inmate to file a claim for reimbursement with4
any available health or medical insurer in accordance with R.S. 15:831. The5
department, subject to appropriation by the legislature, shall also reimburse the cost6
of medical care incurred when the health of the inmate requires hospitalization and7
all of the following occur:8
* * *9
(ii) The Board of Supervisors of Louisiana State University and Agricultural10
and Mechanical College board of a human services district or authority established11
in Title 28 of the Louisiana Revised Statutes of 1950 declares that the state a public12
hospital operated as part of the Louisiana State University Health Sciences Center13
district or authority, which typically provides the medical care to inmates in that14
parish, has been rendered inoperable and is unable to provide medical treatment to15
those inmates.16
* * *17
§831. Medical care of inmates; testing18
* * *19
B.20
* * *21
(2) In addition, the secretary shall adopt rules requiring that copayments be22
made by inmates upon receiving medical or dental treatment, which may include a23
sliding scale based on the inmates' ability to pay. These rules and regulations shall24
include but not be limited to guidelines for payments for inmate visits to doctors,25
hospitals, psychiatrists, and dentists, and for receipt of prescription or26
nonprescription drugs. The secretary shall also establish written guidelines for27
collection of copayments from an inmate's drawing account or savings account28
pursuant to R.S. 15:874. The provisions of this Paragraph shall apply to medical or29 HLS 13RS-512 ORIGINAL
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dental treatment received at a public hospital operated by the Louisiana State1
University Health Sciences Center a human services district or authority pursuant to2
the provisions of R.S. 40:2951 et seq.3
* * *4
Section 3. R.S. 17:3215(6) and (7) are hereby amended and reenacted to read as5
follows:6
§3215. Louisiana State University system7
The Louisiana State University system is composed of the institutions under8
the supervision and management of the Board of Supervisors of Louisiana State9
University and Agricultural and Mechanical College as follows:10
* * *11
(6) Louisiana State University Health Sciences Center at New Orleans,12
which shall include medical and related health schools and programs located in New13
Orleans including those state's medical centers transferred to the Board of14
Supervisors of Louisiana State University and Agricultural and Mechanical College15
as provided in Subpart C-2 of Part II of Chapter 4 of this Title, subject to provisions16
of R.S. 17:1519 et seq. and any programs of the Health Sciences Center which are17
conducted in a medical center operated by a human services district or authority18
pursuant to the provisions of R.S. 40:2951 et seq.19
(7) Louisiana State University Health Sciences Center at Shreveport, which20
shall include the medical school and related schools at Shreveport, Louisiana State21
University Hospital at Shreveport, E. A. Conway Medical Center at Monroe, and22
Huey P. Long Medical Center in Pineville and any programs of the Health Sciences23
Center which are conducted in a medical center operated by a human services district24
or authority pursuant to the provisions of R.S. 40:2951 et seq.25
* * *26
Section 4. R.S. 28:831(A)(introductory paragraph) and (2), (C)(1)(a), (b)(i) through27
(iii), (E), and (F)(1), (4), and (5), 852(A), 853(B), 854(A)(2) and (5) and (D), 856, 862(A),28
863(B), 864(A)(2) and (5) and (D), 866, 872(A), 873(B), 874(A) and (D), 876, 892, 893(B),29 HLS 13RS-512 ORIGINAL
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894(A), (B)(introductory paragraph) and (5), and (D), 896, 902(A), 903(B)(1), 904(A)(6)1
and (D), 906, 912(A)(1) and (B), 913(A)(2) and (3), 915(C) and (F)(5), 917(A) and (D), and2
920 are hereby amended and reenacted and R.S. 28:854(A)(6), 864(A)(6), 904(A)(7), and3
915(G) are hereby enacted to read as follows:4
§831. Jefferson Parish Human Services Authority; creation; jurisdiction; powers,5
duties, and functions 6
A. The Jefferson Parish Human Services Authority, hereinafter referred to7
as the "authority" is hereby created as a special parish district, which through its8
board shall direct the operation and management of mental health, mental retardation9
intellectual disability, and substance abuse services for Jefferson Parish only. The10
authority shall: 11
* * *12
(2) Be responsible for the programs and functions relating to the care,13
diagnosis, training, treatment, case management, and education of the mentally14
retarded intellectually disabled, the developmentally disabled, and the autistic.15
* * *16
C.(1) The authority shall be governed by a twelve-member board consisting17
of residents of Jefferson Parish as follows: 18
(a) Three members appointed by the governor, one each with experience in19
the fields of mental health, mental retardation intellectual disabilities, and substance20
abuse.21
(b) Nine members appointed by the Jefferson Parish Council to consist of the22
following: 23
(i) Three members, one each with experience in the fields of mental health,24
mental retardation intellectual disabilities, and substance abuse.25
(ii) Three members representing parents, consumers, or advocacy groups,26
one each in the fields of mental health, mental retardation intellectual disabilities,27
and substance abuse.28 HLS 13RS-512 ORIGINAL
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(iii) Three members representing professionals in the fields of mental health,1
mental retardation intellectual disabilities, and substance abuse.2
* * *3
E. The primary duty of the authority shall be to direct the operation and4
management of mental health, mental retardation intellectual disability, and5
substance abuse services for Jefferson Parish.6
F. In addition to its primary duties as provided above, the authority shall7
have the following powers, duties, and functions: 8
(1) To have possession and operating control, but not title to, all real and9
personal property owned by the state and dedicated to the provision of mental health,10
mental retardation intellectual disability, and substance abuse services in Jefferson11
Parish.12
* * *13
(4) To establish mental health, mental retardation intellectual disability, and14
substance abuse program policies in conformance with applicable state and federal15
laws and regulations.16
(5) To maintain services in mental health, mental retardation intellectual17
disabilities, and substance abuse at at least the same level as the state maintains18
similar programs in other parishes or regions of the state.19
* * *20
§852. Florida Parishes Human Services Authority; creation; jurisdiction; domicile21
A. The Florida Parishes Human Services Authority is hereby created as a22
special authority which, through its board, shall direct the operation and management23
of the following:24
community-b ased (1) Community-based programs and services relative to25
mental health, developmental disabilities, and substance abuse services, including26
the Alcohol and Drug Unit and Fontainebleu Treatment Center, for the parishes of27
Livingston, St. Helena, St. Tammany, Tangipahoa, and Washington.28 HLS 13RS-512 ORIGINAL
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(2) Lallie Kemp Regional Medical Center in Independence, in accordance1
with the provisions of Chapter 36 of Title 40 of the Louisiana Revised Statutes of2
1950.3
(3) Bogalusa Medical Center, in accordance with the provisions of Chapter4
36 of Title 40 of the Louisiana Revised Statutes of 1950.5
* * *6
§853. Governing board; membership; appointment; terms; compensation7
* * *8
B.(1) The members shall be appointed by the governing authority of each9
parish. All appointments shall require ratification by a plurality of the legislative10
delegation representing the five parishes which are included in the authority. The11
initial appointments shall be made no later than January 1, 2004.12
(2) Parishes with two board members shall be represented by one practitioner13
and one advocate or consumer. Both shall have a history of involvement in one or14
more of the three authority's areas of service. The advocates shall have demonstrated15
an active history of support and involvement in one or more of the services service16
areas. Consumers shall have received one or more of the types of services in one or17
more of the three service areas provided by the authority.18
(3) The appointments shall be professionals or active advocates in the fields19
of hospital administration, mental health, developmental disabilities, or substance20
abuse services.21
* * *22
§854. Authority; functions, powers, and duties23
A. The authority shall:24
* * *25
(2) Be responsible for community-based programs and functions relating to26
the care, diagnosis, training, treatment, case management, and education of the27 HLS 13RS-512 ORIGINAL
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mentally retarded intellectually disabled, the developmentally disabled, and the1
autistic.2
* * *3
(5) Direct the operation and management of Lallie Kemp Regional Medical4
Center in Independence and Bogalusa Medical Center in accordance with the5
provisions of Chapter 36 of Title 40 of the Louisiana Revised Statutes of 1950.6
(6) The provisions of Paragraphs (1) through (3) of this Subsection shall not7
include the following:8
(a) Operation and management of Southeast Louisiana Hospital nor the9
North Lake Supports and Services Center.10
(b) Operation, management, and performance of functions and services11
relating to the office of public health, Southeast Louisiana Hospital, nor the North12
Lake Supports and Services Center, including but not limited to regulatory function13
as performed by sanitarians and engineers within the office of public health pursuant14
to R.S. 40:4 through 10, R.S. 40:2701 et seq., Chapter 4 of Title 40 of the Louisiana15
Revised Statutes of 1950, R.S. 37:2101 et seq., the State Sanitary Code, and all other16
relevant federal and state laws, rules, and regulations.17
(c) Operation, management, and performance of functions and services18
relating to the Louisiana Vital Records Registry and the collection of vital statistics19
within the office of public health pursuant to R.S. 40:5, R.S. 40:32 through 79, R.S.20
44:402, and R.S. 40:1299.35.6, including the Putative Father Registry and the vital21
records management information system.22
(d) Operation, management, and performance of functions and services23
relating to laboratory analyses by the state division of laboratories with the office of24
public health in the area of personal and environmental health.25
(e) Operation, Except as authorized in Chapter 36 of Title 40 of the26
Louisiana Revised Statutes of 1950, operation, management, and performance of27
functions and services relating to education provided by or authorized for any state28
or local education department or agency.29 HLS 13RS-512 ORIGINAL
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(f) Community-based functions which provide services and continuity of1
care for education, prevention, detection, treatment, rehabilitation, and follow-up2
care relating to personal health.3
* * *4
D. The authority shall constitute a body corporate in law, with all of the5
powers of a corporation, including the power to sue and be sued. The authority shall6
also have all the powers and rights conferred by this Chapter and the power to7
perform any other act in its corporate capacity and in its corporate name which is8
necessary and proper for effectuating the purposes for which the authority was9
created. The authority shall constitute an authority within the meaning of Article VI,10
Section 19 of the Constitution of Louisiana, shall be a political subdivision of the11
state, and enjoy all rights, powers, and privileges enjoyed by other political12
subdivisions of the state under the constitution and laws of the state, excluding the13
rights to incur long-term debt, issue bonds, and levy taxes and special assessments.14
* * *15
§856. Employees; transferred16
All employees engaged in the performance of duties relating to the functions17
of the programs and services transferred from the Department of Health and18
Hospitals and Louisiana State University Agricultural and Mechanical College to the19
authority are hereby transferred to the authority to carry out the functions of the20
authority and its programs and services and shall continue to perform their duties21
subject to applicable state civil service laws, rules, and regulations. All employees22
of the authority shall participate in and be covered by state services, systems, and23
programs for which provision is made in comprehensive liability, automobile,24
workers' compensation, and fire and extended coverage insurance and medical25
malpractice liability laws as provided for in R.S. 39:1527 et seq. and R.S. 40:1299.3926
et seq. The authority, including its contract service delivery employees, may27
participate in and be covered by the state program for medical malpractice28
notwithstanding the prohibition in R.S. 40:1299.39(A)(1)(b) and (M) to the contrary,29 HLS 13RS-512 ORIGINAL
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provided that the authority or covered contract service delivery employee has paid1
the appropriate premium to the office of risk management. All Except as provided2
in R.S. 40:2964, all employees of the authority shall be members of the state civil3
service system and the Louisiana State Employees' Retirement System.4
* * *5
§862. Metropolitan Human Services District; creation; jurisdiction; domicile6
A. The Metropolitan Human Services District is hereby created as a special7
district which, through its board, shall direct the operation and management of the8
following:9
community-based (1) Community-based programs and services relative to10
mental health, developmental disabilities, and addictive disorders services for the11
parishes of Orleans, St. Bernard, and Plaquemines.12
(2) Charity Hospital and Medical Center of Louisiana at New Orleans, in13
accordance with the provisions of Chapter 36 of Title 40 of the Louisiana Revised14
Statutes of 1950.15
* * *16
§863. Governing board; membership; appointment; terms; compensation17
* * *18
B. The members shall be appointed by the chief executive officer of each19
parish subject to the approval of the governing authority of each parish. Five20
members shall be professionals in the fields of hospital administration, mental health,21
developmental disabilities, or addictive disorders. Two members shall be advocates22
with a history of involvement and active in one or more of the three district's areas23
of service. Two members shall be consumers who receive or have received one or24
more of the types of services in one or more of the three service areas provided by25
the district. Board members representing Orleans Parish shall consist of a minimum26
of three professionals, one consumer and one advocate.27
* * *28 HLS 13RS-512 ORIGINAL
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§864. Authority; functions, powers, and duties1
A. The district shall:2
* * *3
(2) Be responsible for community-based programs and functions relating to4
the care, diagnosis, training, treatment, case management, and education of the5
mentally retarded intellectually disabled, the developmentally disabled, and the6
autistic.7
* * *8
(5) Direct the operation and management of Charity Hospital and Medical9
Center of Louisiana at New Orleans in accordance with the provisions of Chapter 3610
of Title 40 of the Louisiana Revised Statutes of 1950.11
(6) The provisions of Paragraphs (1) through (3) of this Subsection shall not12
include the following:13
(a) Operation and management of any inpatient facility under the jurisdiction14
of the department.15
(b) Operation, management, and performance of functions and services16
relating to the office of environmental health, including but not limited to regulatory17
function as performed by sanitarians and engineers within the office of public health18
pursuant to R.S. 40:4 through 10, R.S. 40:2701 et seq., Chapter 4 of Title 40 of the19
Louisiana Revised Statutes of 1950, R.S. 37:2101 et seq., the State Sanitary Code,20
and all other relevant federal and state laws, rules, and regulations.21
(c) Operation, management, and performance of functions and services22
relating to the Louisiana Vital Records Registry and the collection of vital statistics23
within the office of public health pursuant to R.S. 40:5, R.S. 40:32 through 79, R.S.24
44:402, and R.S. 40:1299.35.6, including the Putative Father Registry and the vital25
records management information system.26
(d) Operation, management, and performance of functions and services27
relating to laboratory analyses by the state division of laboratories with the office of28
public health in the area of personal and environmental health.29 HLS 13RS-512 ORIGINAL
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(e) Operation, Except as authorized in Chapter 36 of Title 40 of the1
Louisiana Revised Statutes of 1950, operation, management, and performance of2
functions and services relating to education provided by or authorized for any state3
or local education department or agency.4
(f) Community-based functions which provide services and continuity of5
care for education, prevention, detection, treatment, rehabilitation, and follow-up6
care relating to personal health.7
* * *8
D. The district shall constitute a body corporate in law, with all of the9
powers of a corporation, including the power to sue and be sued. The district shall10
also have all the powers and rights conferred by this Chapter and the power to11
perform any other act in its corporate capacity and in its corporate name which is12
necessary and proper for effectuating the purposes for which the district was created.13
The district shall constitute a district within the meaning of Article VI, Section 1914
of the Constitution of Louisiana, shall be a political subdivision of the state, and15
enjoy all rights, powers, and privileges enjoyed by other political subdivisions of the16
state under the constitution and laws of the state, excluding the rights to incur17
long-term debt, issue bonds, and levy taxes and special assessments.18
* * *19
§866. Employees; transferred20
All employees engaged in the performance of duties relating to the functions21
of the programs and services transferred from the Department of Health and22
Hospitals and Louisiana State University and Agricultural and Mechanical College23
to the district are hereby transferred to the district to carry out the functions of the24
district and its programs and services and shall continue to perform their duties25
subject to applicable state civil service laws, rules, and regulations. All employees26
of the district shall participate in and be covered by state services, systems, and27
programs for which provision is made in comprehensive liability, automobile,28
workers' compensation, and fire and extended coverage insurance and medical29 HLS 13RS-512 ORIGINAL
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malpractice liability laws as provided for in R.S. 39:1527 et seq. and R.S. 40:1299.391
et seq. The district, including its contract service delivery employees, may2
participate in and be covered by the state program for medical malpractice3
notwithstanding the prohibition in R.S. 40:1299.39(A)(1)(b) and (M) to the contrary,4
provided that the district or covered contract service delivery employee has paid the5
appropriate premium to the office of risk management. All Except as provided in6
R.S. 40:2964, all employees of the district shall be members of the state civil service7
system and the Louisiana State Employees' Retirement System.8
* * *9
§872. South Central Louisiana Human Services Authority; creation; jurisdiction;10
domicile11
A. The South Central Louisiana Human Services Authority is hereby created12
as a special authority which, through its board, shall direct the operation and13
management of the following:14
community-based (1) Community-based programs and services relative to15
mental health, developmental disabilities, and substance abuse services for the16
parishes of Assumption, Lafourche, St. Charles, St. James, St. John the Baptist, St.17
Mary, and Terrebonne.18
(2) Leonard J. Chabert Medical Center in Houma, in accordance with the19
provisions of Chapter 36 of Title 40 of the Louisiana Revised Statutes of 1950.20
* * *21
§873. Governing board; membership; appointment; terms; compensation22
* * *23
B.(1) The members shall be appointed by the governing authority of each24
parish. All appointments shall require ratification by a plurality of the legislative25
delegation representing the seven parishes which are included in the authority. The26
initial appointments shall be made no later than January 1, 2007.27
(2) Parishes with two board members shall be represented by one practitioner28
and one advocate or consumer. Both shall have a history of involvement in one or29 HLS 13RS-512 ORIGINAL
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more of the three authority's areas of service. The advocates shall have demonstrated1
an active history of support and involvement in one or more of the service areas.2
Consumers shall have received one or more of the types of services in one or more3
of the three service areas provided by the authority.4
(3) The appointments shall be professionals or active advocates in the fields5
of hospital administration, mental health, developmental disabilities, or substance6
abuse services.7
* * *8
§874. Authority; functions, powers, and duties9
A. The authority, in accordance with R.S. 28:382.2 and the framework10
created pursuant thereto, shall:11
(1) Direct the operation and management of Leonard J. Chabert Medical12
Center in Houma in accordance with the provisions of Chapter 36 of Title 40 of the13
Louisiana Revised Statutes of 1950.14
(2) In accordance with R.S. 28:911 et seq. and the human services15
framework created pursuant thereto:16
(1) (a) Perform the functions which provide community-based services and17
continuity of care for the prevention, detection, treatment, rehabilitation, and18
follow-up care of mental and emotional illness.19
(2) (b) Be responsible for community-based programs and functions relating20
to the care, diagnosis, training, treatment, case management, and education of the21
mentally retarded intellectually disabled, the developmentally disabled, and the22
autistic.23
(3) (c) Perform residential and community-based functions relating to the24
care, diagnosis, training, treatment, and education of alcohol or drug abusers and the25
prevention of addictive disorders.26
(4) (d) With the funding provided pursuant to R.S. 36:254(J), maintain27
services in Paragraphs (1) and (2) Subparagraphs (a) and (b) of this Paragraph on at28 HLS 13RS-512 ORIGINAL
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least the same level as the state maintains similar programs in other parishes or1
regions of the state.2
* * *3
D. The authority shall constitute a body corporate in law, with all of the4
powers of a corporation, including the power to sue and be sued. The authority shall5
also have all the powers and rights conferred by this Chapter and the power to6
perform any other act in its corporate capacity and in its corporate name which is7
necessary and proper for effectuating the purposes for which the authority was8
created. The authority shall constitute an authority within the meaning of Article VI,9
Section 19 of the Constitution of Louisiana, shall be a political subdivision of the10
state, and enjoy all rights, powers, and privileges enjoyed by other political11
subdivisions of the state under the constitution and laws of the state, excluding the12
rights to incur long-term debt, issue bonds, and levy taxes and special assessments.13
* * *14
§876. Employees; transferred15
All employees engaged in the performance of duties relating to the functions16
of the programs and services transferred from the Department of Health and17
Hospitals and Louisiana State University and Agricultural and Mechanical College18
to the authority are hereby transferred to the authority to carry out the functions of19
the authority and its programs and services and shall continue to perform their duties20
subject to applicable state civil service laws, rules, and regulations. All employees21
of the authority shall participate in and be covered by state services, systems, and22
programs for which provision is made in comprehensive liability, automobile,23
workers' compensation, and fire and extended coverage insurance and medical24
malpractice liability laws as provided for in R.S. 39:1527 et seq., and R.S.25
40:1299.39 et seq. The authority, including its contract service delivery employees,26
may participate in and be covered by the state program for medical malpractice27
notwithstanding the prohibition in R.S. 40:1299.39(A)(1)(b) and (M) to the contrary,28
provided that the authority or covered contract service delivery employee has paid29 HLS 13RS-512 ORIGINAL
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the appropriate premium to the office of risk management. All Except as provided1
in R.S. 40:2964, all employees of the authority shall be members of the state civil2
service system and the Louisiana State Employees' Retirement System.3
* * *4
§892. Northeast Delta Human Services Authority; creation; jurisdiction; domicile5
A. The Northeast Delta Human Services Authority is hereby created as a6
special authority which, through its board, shall direct the operation and management7
of the following:8
community-based (1) Community-based programs and services relative to9
mental health, developmental disabilities, and addictive disorders services, including10
Early Childhood Supports and Services, and the Regional Transition Program for the11
parishes of Caldwell, East Carroll, Franklin, Jackson, Lincoln, Madison, Morehouse,12
Ouachita, Richland, Tensas, Union, and West Carroll.13
(2) E.A. Conway Medical Center in Monroe, in accordance with the14
provisions of Chapter 36 of Title 40 of the Louisiana Revised Statutes of 1950.15
B. Programs and services relative to the Southern Oaks Addiction Recovery16
shall be provided in accordance with a twelve-month transition plan developed by17
the office of behavioral health and the governing board of the authority.18
B. C. The domicile of the authority shall be Ouachita Parish, Louisiana.19
§893. Governing board; membership; appointment; terms; compensation20
* * *21
B.(1) The members shall be appointed by the governing authority of each22
parish, with the exception of Ouachita Parish, in which they shall be appointed by23
the Ouachita Council of Government. All appointments shall require ratification by24
a plurality of the legislative delegation representing the twelve parishes which are25
included in the authority. The initial appointments shall be made no later than26
January 1, 2007.27
(2) Parishes with two or more board members shall be represented by at least28
one professional and at least one advocate or consumer. Both shall have a history29 HLS 13RS-512 ORIGINAL
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of involvement in one or more of the three authority's areas of service. The1
advocates shall have demonstrated an active history of support and involvement in2
one or more of the service areas. Consumers shall have received one or more of the3
types of services in one or more of the three service areas provided by the authority.4
(3) The appointees shall be professionals or active advocates in the fields of5
hospital administration, mental health, developmental disabilities, or substance abuse6
services.7
* * *8
§894. Authority; functions, powers, and duties9
A. The authority, in accordance with R.S. 28:382.2 and the framework10
created pursuant thereto, shall:11
(1) Direct the operation and management of E.A. Conway Medical Center12
in Monroe in accordance with the provisions of Chapter 36 of Title 40 of the13
Louisiana Revised Statutes of 1950.14
(2) In accordance with R.S. 28:911 et seq. and the human services15
framework created pursuant thereto:16
(1) (a) Perform the functions which provide community-based services and17
continuity of care for the prevention, detection, treatment, rehabilitation, and18
follow-up care of mental and emotional illness.19
(2) (b) Be responsible for community-based programs and functions relating20
to the care, diagnosis, training, treatment, case management, and education of21
persons with developmental disabilities as provided by Chapter 4-A of this Title.22
(3) (c) Perform residential and community-based functions relating to the23
care, diagnosis, training, treatment, and education of persons with addictive disorders24
and the prevention of addictive disorders.25
(4) (d) With the funding provided pursuant to R.S. 36:254(K), maintain26
services in Paragraphs (1) through (3) of this Subsection Subparagraphs (a) through27
(c) of this Paragraph on at least the same level as the state maintains similar28
programs in other parishes or regions of the state. Above and beyond this minimal29 HLS 13RS-512 ORIGINAL
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level of funds, funding shall be provided to support the administrative structure of1
the authority for operational and supply costs, including but not limited to salary for2
the executive director and support staff, human resource services, legal services, and3
board expenses.4
B. In addition to its function functions as provided in Subsection A of this5
Section, the authority shall have the following powers and duties:6
* * *7
(5) With the funding provided pursuant to R.S. 36:254(J) R.S. 36:254(K),8
to maintain services in community-based mental health, developmental disabilities,9
and addictive disorders on at least the same level as the state maintains similar10
programs in other parishes or regions of the state.11
* * *12
D. The authority shall constitute a body corporate in law, with all of the13
powers of a corporation, including the power to sue and be sued. The authority shall14
also have the powers and rights conferred by this Chapter and the power to perform15
any other act in its corporate capacity and in its corporate name which is necessary16
and proper for effectuating the purposes for which the authority was created. The17
authority shall constitute an authority within the meaning of Article VI, Section 1918
of the Constitution of Louisiana, shall be a political subdivision of the state, and19
enjoy all rights, powers, and privileges enjoyed by other political subdivisions of the20
state under the constitution and laws of the state, excluding the rights to incur21
long-term debt, issue bonds, and levy taxes and special assessments.22
* * *23
§896. Employees; transferred24
All employees engaged in the performance of duties relating to the functions25
of the programs and services transferred from the Department of Health and26
Hospitals and Louisiana State University and Agricultural and Mechanical College27
to the authority are hereby transferred to the authority to carry out the functions of28
the authority and its programs and services and shall continue to perform their duties29 HLS 13RS-512 ORIGINAL
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subject to applicable state civil service laws, rules, and regulations. All employees1
of the authority shall participate in and be covered by state services, systems, and2
programs for which provision is made in comprehensive liability, automobile,3
workers' compensation, and fire and extended coverage insurance and medical4
malpractice liability laws as provided for in R.S. 39:1527 et seq., and R.S.5
40:1299.39 et seq. The authority, including its contract service delivery employees,6
may participate in and be covered by the state program for medical malpractice7
notwithstanding the prohibition in R.S. 40:1299.39(A)(1)(b) and (M) to the contrary,8
provided that the authority or covered contract service delivery employee has paid9
the appropriate premium to the office of risk management. All Except as provided10
in R.S. 40:2964, all employees of the authority shall be members of the state civil11
service system and the Louisiana State Employees' Retirement System.12
* * *13
§902. Capital Area Human Services District; creation; jurisdiction; domicile14
A. The Capital Area Human Services District is hereby created as a special15
district which, through its board, shall direct the operation and management of the16
following:17
community-b ased (1) Community-based programs and services relative to18
public health, mental health, developmental disabilities, and substance abuse services19
for the parishes of Ascension, East Baton Rouge, East Feliciana, Iberville, Pointe20
Coupee, West Baton Rouge, and West Feliciana.21
(2) Earl K. Long Medical Center in Baton Rouge, in accordance with the22
provisions of Chapter 36 of Title 40 of the Louisiana Revised Statutes of 1950.23
* * *24
§903. Governing board; membership; appointment; terms; compensation25
* * *26
B.(1) The members shall be appointed by the governor from among a list of27
qualified candidates nominated by the governing authority of each parish in28
accordance with Paragraph (2) of this Subsection. The appointments shall represent29 HLS 13RS-512 ORIGINAL
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at least six professionals and a balance of professionals and advocates in the fields1
of hospital administration, community-based public health, mental health,2
developmental disabilities, and substance abuse.3
* * *4
§904. District; functions, powers, and duties5
A. The district shall:6
* * *7
(6) Direct the operation and management of Earl K. Long Medical Center8
in Baton Rouge in accordance with the provisions of Chapter 36 of Title 40 of the9
Louisiana Revised Statutes of 1950.10
(7) The provisions of Paragraphs (1) through (4) of this Subsection shall not11
include the following:12
(a) Operation and management of any inpatient facility under the jurisdiction13
of the department.14
(b) Operation, management, and performance of functions and services15
relating to environmental health, including but not limited to regulatory function as16
performed by sanitarians and engineers within the office of public health pursuant17
to R.S. 40:4 through 10, R.S. 40:2701 et seq., Chapter 4 of Title 40 of the Louisiana18
Revised Statutes of 1950, R.S. 37:2101 et seq., the State Sanitary Code, and all other19
relevant federal and state law, rules, and regulations.20
(c) Operation, management, and performance of functions and services21
relating to the Louisiana Vital Records Registry and the collection of vital statistics22
within the office of public health pursuant to R.S. 40:5, R.S. 40:32 through 79, R.S.23
44:402, and R.S. 40:1299.35.6, including the Putative Father Registry and the vital24
records management information system.25
(d) Operation, management, and performance of functions and services26
relating to laboratory analyses by the state division of laboratories with the office of27
public health in the area of personal and environmental health.28 HLS 13RS-512 ORIGINAL
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(e) Operation, Except as authorized in Chapter 36 of Title 40 of the1
Louisiana Revised Statutes of 1950, operation, management, and performance of2
functions and services relating to education provided by or authorized for any state3
or local education department or agency.4
* * *5
D. The district shall constitute a body corporate in law, with all of the6
powers of a corporation, including the power to sue and be sued. The district shall7
also have all the powers and rights conferred by this Chapter and the power to8
perform any other act in its corporate capacity and in its corporate name which is9
necessary and proper for effectuating the purposes for which the district was created.10
The district shall constitute a special district within the meaning of Article VI,11
Section 19 of the Constitution of Louisiana, shall be a political subdivision of the12
state, and enjoy all rights, powers, and privileges enjoyed by other political13
subdivisions of the state under the constitution and laws of the state, excluding the14
rights to incur long-term debt, issue bonds, and levy taxes and special assessments.15
* * *16
§906. Employees; transferred17
All employees engaged in the performance of duties relating to the functions18
of the programs and services transferred from the department and Louisiana State19
University and Agricultural and Mechanical College to the district are hereby20
transferred to the district to carry out the functions of the district and its programs21
and services and shall continue to perform their duties subject to applicable state22
civil service laws, rules, and regulations. All employees of the district shall23
participate in and be covered by state services, systems, and programs for which24
provision is made in comprehensive liability, automobile, workers' compensation,25
and fire and extended coverage insurance and medical malpractice liability laws as26
provided for in R.S. 39:1527 et seq. and R.S. 40:1299.39 et seq. The district,27
including its contract service delivery employees, may participate in and be covered28
by the state program for medical malpractice notwithstanding the prohibition in R.S.29 HLS 13RS-512 ORIGINAL
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40:1299.39(A)(1)(b) and (M) to the contrary, provided that the district or covered1
contract service delivery employee has paid the appropriate premium to the office2
of risk management. All Except as provided in R.S. 40:2964, all employees of the3
district shall be members of the state civil service system and the Louisiana State4
Employees' Retirement System.5
* * *6
§912. Creation and jurisdiction7
A.(1) It is the intent of the legislature to create statewide systems for state8
hospital administration and integrated human services delivery systems, with local9
accountability and management, to provide medical care, behavioral health, and10
developmental disabilities services.11
* * *12
B. The human services districts shall be:13
(1) The following statutory entities:14
(a) Capital Area Human Services District.15
(b) Jefferson Parish Human Services Authority.16
(c) Florida Parishes Human Services Authority.17
(d) Metropolitan Human Services District.18
(e) South Central Louisiana Human Services Authority.19
(f) Northeast Delta Human Services Authority.20
(g) Acadiana Area Human Services District.21
(2) The following districts created by this Chapter organized by region:22
(a) Acadiana Area Human Services District, which shall comprise the23
parishes of Acadia, Evangeline, Iberia, Lafayette, St. Landry, St. Martin, and24
Vermilion.25
(a) Region 5, or any name formally adopted by the district's board, which26
shall consist of (b) Imperial Calcasieu Human Services Authority, which shall27
comprise the parishes of Allen, Beauregard, Calcasieu, Cameron, and Jefferson28
Davis.29 HLS 13RS-512 ORIGINAL
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(b) (c) Region 6 Human Services District, or any name formally adopted by1
the district's board, which shall consist of comprise the parishes of Avoyelles,2
Catahoula, Concordia, Grant, LaSalle, Rapides, Vernon, and Winn.3
(c) (d) Region 7 Human Services District, or any name formally adopted by4
the district's board, which shall consist of comprise the parishes of Bienville, Bossier,5
Caddo, Claiborne, DeSoto, Natchitoches, Sabine, Red River, and Webster.6
§913. Governing board; membership; appointment; terms; compensation7
A.8
* * *9
(2) The parish appointees shall be persons with professional experience or10
parents, consumers, or advocates in the fields of hospital services, hospital11
administration, addictive disorders, developmental disabilities, mental health, or12
public health.13
(3) The governor's three appointees shall be one member with experience in14
the financial operation of a business enterprise, one member who is a parent,15
consumer, or caregiver of a consumer of services, and one member who represents16
one of the following fields: hospital administration, addictive disorders,17
developmental disabilities, mental health, or public health. The governing authority18
of each parish may submit three names to the governor for consideration as one of19
the governor's three appointees.20
* * *21
§915. Districts; functions, powers, and duties22
* * *23
C. Each human services district shall constitute a body corporate in law, with24
all of the powers of a corporation, including the power to sue and be sued. Each25
district shall also have all the powers and rights conferred by this Chapter and the26
power to perform any other act in its corporate capacity and in its corporate name27
which is necessary and proper for effectuating the purposes for which the district was28
created. Each district shall constitute a special district within the meaning of Article29 HLS 13RS-512 ORIGINAL
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VI, Section 19 of the Constitution of Louisiana, shall be a political subdivision of the1
state, and enjoy all rights, powers, and privileges enjoyed by other political2
subdivisions of the state under the constitution and laws of the state, excluding the3
rights to incur long-term debt, issue bonds, and levy taxes and special assessments.4
* * *5
F. The provisions of Subsections A and B of this Section shall not include6
the following:7
* * *8
(5) Operation, Except as authorized in Chapter 36 of Title 40 of the9
Louisiana Revised Statutes of 1950, operation, management, and performance of10
functions and services relating to education provided by or authorized for any state11
or local education department or agency.12
G. The following districts shall direct the operation and management of the13
state hospitals designated in this Subsection in accordance with the provisions of14
Chapter 36 of Title 40 of the Louisiana Revised Statutes of 1950:15
(1) The Metropolitan Human Services District shall direct the operation and16
management of Charity Hospital and Medical Center of Louisiana at New Orleans.17
(2) The Capital Area Human Services District shall direct the operation and18
management of Earl K. Long Medical Center in Baton Rouge.19
(3) The South Central Louisiana Human Services Authority shall direct the20
operation and management of Leonard J. Chabert Medical Center in Houma.21
(4) The Acadiana Area Human Services District shall direct the operation22
and management of University Medical Center in Lafayette.23
(5) The Imperial Calcasieu Human Services Authority shall direct the24
operation and management of W.O. Moss Regional Medical Center in Lake Charles.25
(6) The Region 6 Human Services District shall direct the operation and26
management of Huey P. Long Medical Center in Pineville.27
(7) The Region 7 Human Services District shall direct the operation and28
management of University Hospital Shreveport.29 HLS 13RS-512 ORIGINAL
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(8) The Northeast Delta Human Services Authority shall direct the operation1
and management of E.A. Conway Medical Center in Monroe.2
(9) The Florida Parishes Human Services Authority shall direct the3
operation and management of Lallie Kemp Regional Medical Center in4
Independence and the Bogalusa Medical Center.5
* * *6
§917. Employees; transferred7
A. All employees engaged in the performance of duties relating to the8
functions of the programs and services transferred by contract from the department9
to a district, and all employees transferred from Louisiana State University10
Agricultural and Mechanical College pursuant to the provisions of Chapter 36 of11
Title 40 of the Louisiana Revised Statutes of 1950 are hereby transferred to the12
respective district to carry out the functions of the district and its programs and13
services and shall continue to perform their duties subject to applicable state civil14
service laws, rules, and regulations.15
* * *16
D. All Except as provided in R.S. 40:2964, all employees of the districts17
shall be members of the state civil service system and the Louisiana State18
Employees' Retirement System.19
* * *20
§920. Conflict with other district statutes21
Notwithstanding any other law to the contrary, the provisions of this Chapter22
shall supersede any laws related to human services districts which conflict with this23
Chapter. Excepted from this Section are the provisions of R.S. 28:831(C), 853, R.S.24
28:853, 863, 873, 893, and 903.25
Section 5. R.S. 36:254(A)(14) and (F)(1) and 259(FF) are hereby amended and26
reenacted and R.S. 36:254(A)(15) and (16) are hereby enacted to read as follows:27 HLS 13RS-512 ORIGINAL
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§254. Powers and duties of the secretary of the Department of Health and Hospitals1
A. In addition to the functions, powers, and duties otherwise vested in the2
secretary by law, he shall:3
* * *4
(14) Determine how funding for residency positions, residency supervision,5
and other medical education resources shall be allocated among institutions which6
provide medical education at hospitals in the health care services division of the7
Louisiana State University Health Sciences Center, including the Medical Center of8
Louisiana at New Orleans, any hospital operated by a human services district or9
authority pursuant to the provisions of R.S. 40:2951 et seq. to ensure that there is an10
equitable distribution among medical education programs providing services in11
public institutions. In making such determinations, the secretary shall consider12
advice provided by the Medical Education Commission, the historical distribution13
of graduate medical education resources, the long-term effects of the allocation of14
medical education resources to each program, and the clinical workload of each15
program.16
(15)(a) Implement an equitable system of Medical Assistance Program17
funding for hospitals operated by human services districts and authorities pursuant18
to the provisions of R.S. 40:2951 et seq. Revenues of a human services district or19
authority generated through local taxation shall not be used to displace, replace, or20
supplant appropriations to the district from the Medical Assistance Program.21
Accordingly, the system of Medical Assistance Program funding for hospitals22
operated by such districts and authorities shall not take into account revenues of the23
respective districts and authorities generated through local taxation.24
(b) Take such actions as are necessary to designate revenues generated by25
human services districts and authorities through local taxation, to the greatest extent26
practicable, as certified public expenditures for the Medical Assistance Program, and27
to utilize such revenues as matching funds to draw additional federal financial28
participation. Subject to approval by the Centers for Medicare and Medicaid29 HLS 13RS-512 ORIGINAL
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Services, the secretary shall commit federal funds gained through the means1
provided for in this Subparagraph to the human services districts or authorities which2
generated the corresponding matching funds.3
(16) Compile and make publicly available on the Internet website of the4
department all health care accountability data reported to him by human services5
districts and authorities in accordance with the provisions of R.S. 40:2961(B)(2).6
* * *7
F.(1) The functions relative to the operation and management of8
community-based mental health, developmental disabilities, substance abuse9
services, and certain community-based public health services for the parishes of10
Ascension, East Baton Rouge, East Feliciana, Iberville, Pointe Coupee, West Baton11
Rouge, and West Feliciana transferred in accordance with R.S. 46:2661 R.S. 28:90112
et seq., shall be the responsibility of and shall be performed by the Capital Area13
Human Services District. If funds are not appropriated by the legislature for the14
district to perform these functions in those parishes, the functions shall be the15
responsibility of and shall be performed by the department in those parishes.16
* * *17
§259. Transfer of agencies and functions to Department of Health and Hospitals18
* * *19
FF. The Medical Education Commission (R.S. 17:1519.8 R.S. 40:2003) is20
placed within the Department of Health and Hospitals and shall exercise and perform21
its powers, duties, functions, and responsibilities in the manner provided for agencies22
transferred in accordance with the provisions of Part III of Chapter 22 of this Title.23
* * *24
Section 6. R.S. 39:98.3(B)(3), 98.4(B)(3), 1533(A), 1536(A)(2), 1543(D), and25
1593.1(A) are hereby amended and reenacted to read as follows:26
§98.3. Appropriations from the Health Excellence Fund, the Education Excellence27
Fund, and the TOPS Fund28
* * *29 HLS 13RS-512 ORIGINAL
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B. Appropriations from the Health Excellence Fund shall be restricted to the1
following purposes:2
* * *3
(3) Provision of comprehensive chronic disease management services,4
including outpatient pharmacy for indigent and needy citizens of Louisiana, by the5
medical facilities of the Louisiana State University Health Sciences Center, including6
but not limited to the Health Care Services Division human services districts and7
authorities provided for in R.S. 40:2951 et seq.8
* * *9
§98.4. Louisiana Fund10
* * *11
B. Appropriations from the Fund shall be restricted to the following purposes12
provided in this Subsection, and no annual appropriation for any one of the purposes13
enumerated in Paragraphs (1) through (4) of this Subsection may exceed fifty percent14
of the total amount of monies appropriated from the Fund in any fiscal year:15
* * *16
(3) Initiatives to benefit the citizens of Louisiana with respect to health care17
through:18
(a) A program of research grants and projects that encourage the pursuit of19
innovation in advanced health care sciences; such program shall support clinical and20
laboratory research efforts based in Louisiana universities, as well as institutions21
represented in the membership of the Medical Education Commission as provided22
in R.S. 17:1519.8 R.S. 40:2003, and shall fund grants for both basic and applied23
research in advanced health care sciences; such program shall encourage institutional24
commitment and leveraging of state monies to secure private and federal funds and25
shall be administered by the Board of Regents through an objective, competitive26
process subject to peer review. The Board of Regents shall annually submit to the27
legislature and the governor, not less than forty-five days prior to the beginning of28 HLS 13RS-512 ORIGINAL
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each regular session of the legislature, a proposed program and budget for the1
expenditure of the funds appropriated to the Board of Regents for these purposes.2
(b) Provision of comprehensive chronic disease management services,3
including outpatient pharmacy for indigent and needy citizens of Louisiana, by the4
medical facilities of the Louisiana State University Health Sciences Center, included5
but not limited to the Health Care Services Division human services districts and6
authorities provided for in R.S. 40:2951 et seq.7
(c) Expenditures for capital outlay and other capital improvements for state8
health care facilities, which shall include the medical facilities of the Louisiana State9
University Health Sciences Center human services districts and authorities provided10
for in R.S. 40:2951 et seq., war veterans homes, and parish health units.11
* * *12
§1533. Self-Insurance Fund13
A. There is hereby created in the Department of the Treasury a special fund14
to be known as the "Self-Insurance Fund". The fund shall consist of all premiums15
paid by state agencies under the state's risk management program as established by16
this Chapter, the investment income earned from such premiums and commissions17
retained as provided by Title 39. This fund shall be used only for the payment of18
losses incurred by state agencies under the self-insurance program, premiums for19
insurance obtained through commercial carriers, administrative expenses associated20
with the management of the state's risk, law enforcement officers and firemen's21
survivors benefits as provided for in R.S. 33:1981(C) and 2201(C), the payment of22
losses incurred by the Jefferson Parish Human Services Authority in accordance with23
R.S. 28:831(J), the payment of losses incurred by the Capital Area Human Services24
District in accordance with R.S. 46:2666, the payment of losses incurred by the25
Florida Parishes Human Services Authority in accordance with R.S. 28:856, the26
payment of losses incurred by the Metropolitan Human Services District in27
accordance with R.S. 28:866, the payment of losses incurred by the Northeast Delta28
Human Services Authority in accordance with R.S. 28:876, the payment of losses29 HLS 13RS-512 ORIGINAL
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incurred by the South Central Louisiana Human Services Authority in accordance1
with R.S. 28:876 a human services district or authority as provided for in R.S.2
28:917(B), and the funding of the legal services, such funds to be administered by3
the commissioner of administration.4
* * *5
§1536. Assessment of premiums6
A.7
* * *8
(2) For the purposes of this Section, the term "agency" for higher education9
entities shall mean each individual board, institution, or entity within postsecondary10
education and the administration and each individual hospital within the Louisiana11
State University Health Sciences Center Health Care Services Division.12
* * *13
§1543. Unit of risk analysis and loss prevention14
* * *15
D. For the purposes of this Section, the term "agency" for higher education16
entities shall mean each individual board, institution, or entity within postsecondary17
education and the administration and each individual hospital within the Louisiana18
State University Health Sciences Center Health Care Services Division.19
* * *20
§1593.1. Group purchasing21
A. The Louisiana State University Health Sciences Center A human services22
district or authority established in Title 28 of the Louisiana Revised Statutes of 195023
may contract with a group purchasing organization through a competitive request for24
proposals process for medical and laboratory supplies and medical equipment25
required for the purpose of diagnosis or direct treatment of a patient by a health care26
provider in a hospital or clinic setting.27
* * *28 HLS 13RS-512 ORIGINAL
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Section 7. R.S. 40:1300.83(3) and 2018.1(B)(13) are hereby amended and reenacted1
and R.S. 40:2003 and Chapter 36 of Title 40 of the Louisiana Revised Statutes of 1950,2
comprised of R.S. 40:2861 through 2972, are hereby enacted to read as follows:3
§1300.83. Definitions4
For the purpose of this Part, the following terms shall have the following5
meanings unless the context clearly indicates otherwise:6
* * *7
(3) "Medical center" means the Louisiana State University Health Sciences8
Center at University Hospital Shreveport.9
* * *10
§2003. Medical Education Commission11
A. The Medical Education Commission is hereby established within the12
office of the secretary of the Department of Health and Hospitals.13
B. Notwithstanding the provisions of R.S. 42:1101, the Medical Education14
Commission shall be composed of four members as follows:15
(1) The chancellor of the LSU Health Sciences Center-New Orleans or his16
designee.17
(2) The chancellor of the LSU Health Sciences Center-Shreveport or his18
designee.19
(3) The senior vice president for health sciences of Tulane University Health20
Sciences Center or his designee.21
(4) The chief executive officer of the Alton Ochsner Medical Foundation or22
his designee.23
C. The Medical Education Commission shall:24
(1) Make recommendations to the secretary of the Department of Health and25
Hospitals on the distribution of funding for residency positions, residency26
supervision, and other medical education resources for hospitals of the state's human27
services districts and authorities provided for in R.S. 40:2963 among medical28
education programs providing services in such hospitals.29 HLS 13RS-512 ORIGINAL
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(2) Analyze and make recommendations to the secretary of the Department1
of Health and Hospitals regarding appropriate formulas to be used in calculating the2
amounts to be paid to a medical education institution in support of its training3
programs in the hospitals of the state's human services districts and authorities4
provided for in R.S. 40:2963.5
* * *6
§2018.1. Louisiana Commission on HIV, AIDS, and Hepatitis C7
* * *8
B.9
* * *10
(13) The medical director of Louisiana State University Health Care Services11
Division or his designee The medical director of a medical center operated by a12
human services district or authority pursuant to the provisions of R.S. 40:2951 et seq.13
appointed by the secretary of the Department of Health and Hospitals.14
* * *15
CHAPTER 36. COMMUNITY AND REGIONAL HEALTH SERVICES16
PART I. HUMAN SERVICES DELIVERY17
§§2861 through 2950. [Reserved.]18
PART II. STATE HOSPITALS19
SUBPART A. FINDINGS, DEFINITIONS, AND PURPOSES20
§2951. Short title21
This Part shall be known and may be cited as the "Charity Access and22
Regional Empowerment Act" or the "Louisiana CARE Act".23
§2952. Legislative findings; declaration24
The Legislature of Louisiana does hereby find and declare the following:25
(1) The state of Louisiana has sought to ensure the provision of adequate26
health care for its medically indigent residents and the availability of adequate27
opportunities for clinical education for the state's students of medicine, nursing, and28 HLS 13RS-512 ORIGINAL
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allied health through the ownership and operation, since 1813, of a statewide system1
of hospitals.2
(2) By serving vulnerable populations and providing critically important3
health care services, safety net hospitals such as those of the state hospital system4
play a unique and vital role in protecting and improving public health throughout the5
United States.6
(3) To achieve a viable overall health care system in Louisiana, it is7
imperative that the state improve coordination of patient care across a diverse array8
of health care delivery settings.9
(4) Community-based programs and services for mental health,10
developmental disabilities, and addictive disorders are hereby affirmed as vital11
components of an effective health care system; accordingly, preservation and12
strengthening of such services shall be public health priorities of this state.13
(5) When facilitated in an effective manner, a process known as community-14
based health planning, through which all citizens have a meaningful level of direct15
input regarding design of local health care systems and service delivery, leads to16
healthier and more prosperous communities.17
(6) Therefore the legislature declares that a comprehensive system should18
be implemented to effectuate necessary changes in the organization and governance19
of the state hospital system for the purpose of achieving the following goals:20
(a) Address deficiencies of the system on a continuous basis.21
(b) Maintain and enhance the quality of care in the system.22
(c) Continue to make adequate educational opportunities available in23
medicine, nursing, and allied health fields.24
(d) Develop and implement a comprehensive strategy for pursuing stable,25
sustainable funding sources to continue the state's long tradition of providing quality26
health care for the indigent.27
(e) Coordinate patient care such that health outcomes are improved and costs28
of health care to the state are contained in a manageable range.29 HLS 13RS-512 ORIGINAL
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§2953. Definitions1
As used in this Part, the following definitions shall apply:2
(1) "Board" means the governing body of a human services district or3
authority created in Title 28 of the Louisiana Revised Statutes of 1950.4
(2) "Department" means the Department of Health and Hospitals.5
(3) "District" means a human services district or authority created in Title6
28 of the Louisiana Revised Statutes of 1950.7
(4) "Medical center" means a state hospital transferred to a human services8
district or authority pursuant to the provisions of this Part.9
§2954. Purposes10
The purposes of each district relative to administration of state hospitals shall11
be as follows:12
(1) To provide access to high quality medical care for patients, including the13
medically indigent and uninsured.14
(2) To assist institutions which operate medical schools and other health15
education programs in developing a medical and clinical workforce for this state.16
(3) To operate efficiently and cost-effectively.17
(4) To work cooperatively with other health care providers and agencies to18
improve health outcomes in Louisiana's population.19
(5) To enter into such contracts, memoranda of understanding, and other20
agreements as may be necessary to participate in federal and state coordinated care21
programs and to maximize recipience of federal and state financial incentives for22
coordination of care.23
(6) To function as a patient-centered medical home which employs a24
culturally sensitive approach to care management and the education of patients and25
families in the ownership of their health.26
(7) To facilitate an ongoing community-based health planning process27
through which all citizens are afforded a meaningful level of direct input regarding28
design of the district's system of health care service delivery.29 HLS 13RS-512 ORIGINAL
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SUBPART B. STATE HOSPITAL ADMINISTRATION: POWERS, DUTIES,1
FUNDS, FACILITIES, AND EMPLOYEES OF HUMAN SERVICES DISTRICTS2
AND AUTHORITIES3
§2961. Powers and duties of human services districts and authorities relative to4
administration of state hospitals5
A. Each district, acting through its board, shall have the following powers6
and duties relative to the administration of state hospitals:7
(1) To hold title to immovable and movable property, to acquire such8
property through purchase, gift, lease, or otherwise, and to dispose of such property9
by sale or lease in accordance with the general laws of the state; however, the sale10
of any immovable property, the lease of an entire facility, or the sale of an entire11
facility shall be subject to approval by the legislature, and provided further that the12
proceeds of such sale or lease shall be used only for capital expenditures by a district.13
Any contract or agreement to provide for the private operation or management of any14
medical center of a district or any facility acquired by a district shall be subject to the15
approval of the legislature. Such legislative approval may be granted by either16
concurrent resolution or provisions of the General Appropriation Act.17
(2) To seek and accept charitable grants or other gifts to assist in the18
performance of its functions as defined in this Part and to coordinate fund19
development at the medical centers.20
(3) To enter into contracts with any public or private entity in the furtherance21
of its purposes, subject to those limitations provided in this Part.22
(4) To retain all federal, self-generated funds and any funds collected for the23
provision of services under the Medical Assistance Program, Title XIX of the Social24
Security Act, in excess of funds provided through contract with the department.25
(5) To enjoy the same powers and exemptions granted to hospital service26
districts under the provisions of R.S. 46:1051 et seq., insofar as such powers and27
exemptions may be applicable to a district and not inconsistent with the power28
granted to districts in this Part. For purposes of this Paragraph, all references in R.S.29 HLS 13RS-512 ORIGINAL
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46:1051 et seq. to the "district" shall mean a human services district or authority and1
all references to the "commission" or the "police jury" shall mean the governing2
board of a human services district or authority.3
(6)(a) To levy and collect annual ad valorem taxes to the extent permitted by4
law. Ad valorem taxes may be levied at a rate not to exceed ten mills. Any such tax5
shall be used solely for the acquisition, construction, development, maintenance,6
operation, and administration of the medical facilities of the district, including7
operation of a graduate medical education program conducted in those facilities, and8
such tax shall be subject to approval by a majority of the electors of the district9
voting at an election called by the board and held for that purpose. The taxes, when10
levied, shall be from year to year or for such period of years in accordance with the11
proposition authorizing the imposition of such taxes. The board, upon its own12
initiative, may call a special election and submit to the qualified electors of the13
district the question of authorizing the levy of such a tax. The board shall call such14
a special election when requested to do so by petition in writing signed by one-fourth15
of the qualified electors eligible to vote at such election. These taxes shall be levied,16
assessed, and collected on the property within the district under the same methods,17
terms, and conditions and at the same time as parish and district taxes are levied,18
assessed, and collected.19
(b) To grant total or partial exemptions from any tax, subject to approval by20
a majority of the electors of the district voting at an election. Any such exemption21
shall be stated in the proposition authorizing the imposition of the tax.22
(7) To expend money from its operating funds for the acquisition of supplies,23
services, equipment, and other items in performance of its responsibilities as set forth24
in this Part subject to those limitations provided in this Part.25
(8) To develop standards for quality assurance and credentialing of medical26
staff at medical centers of the district.27 HLS 13RS-512 ORIGINAL
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(9) To perform the actions necessary for the medical centers of the district1
to qualify for accreditation by appropriate accrediting bodies, including the Joint2
Commission on Accreditation of Healthcare Organizations.3
(10) To operate or participate in managed care organizations or systems,4
including without limitation Medicare and Medicaid managed care plans, and to5
operate or participate in conformity with federal managed care regulations and6
standards, including but not limited to the regulations and standards for capital7
solvency, claims payments, and medical management, and to enter into contracts or8
create new entities as necessary to do so.9
(11) To promote scientific research and training related to the care of the sick10
and injured insofar as such research and training can be conducted in connection11
with any medical center of the district.12
(12) To participate so far as circumstances may warrant in any activity13
designed and conducted to promote the general health of the district's population or14
any community served by a medical center of the district.15
(13) To perform comprehensive community-based health planning along16
with other public and private institutions and agencies engaged in providing hospital17
care and other health services to residents of the district. The community-based18
health planning process shall afford residents of the district a meaningful level of19
direct input regarding design of the district's system of health care service delivery.20
(14) To establish health care delivery policies in conformance with state law21
for the admission of medical center patients and the determination of the indigent22
status of patients subject to prior review and approval of the Senate and House23
committees on health and welfare and also in accordance with the Administrative24
Procedure Act.25
(15) To identify local public sources of revenue or expenditure that may be26
used by the department as state match to draw down federal funds for the provision27
of health care services to the low-income and uninsured population of the district.28 HLS 13RS-512 ORIGINAL
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(16) To cooperate with other institutions and agencies engaged in providing1
hospital and outpatient health services to residents of the district for the purpose of2
improving access to and coordination of care.3
(17) To take such actions as are necessary to apply on behalf of any facility4
of the district for Patient-Centered Medical Home accreditation from the National5
Committee for Quality Assurance or its successor.6
(18) To conduct public hearings and share public input on at least a biannual7
basis concerning the priorities of communities comprising the district's service area8
for the provision of health care services in the district.9
B.(1) For the purpose of ensuring accountability and quality of care, each10
district shall:11
(a) Operate an electronic health record for inpatient and outpatient services12
which meets the current standards of the United States Department of Health and13
Human Services for electronic health record interoperability.14
(b) Participate in a health information exchange which facilitates sharing of15
clinical data among districts.16
(c) Measure and report in a standard format its costs associated with each of17
the following metrics:18
(i) Inpatient stays.19
(ii) Inpatient days.20
(iii) Primary care clinic visits.21
(iv) Specialty clinic visits.22
(v) Any other metrics required pursuant to rules promulgated by the23
department.24
(d) Measure and report in a standard format all of the following service25
utilization metrics:26
(i) Duration of inpatient stays.27
(ii) Readmissions.28
(iii) Emergency department utilization.29 HLS 13RS-512 ORIGINAL
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(iv) Clinic wait times.1
(v) Any other metrics required pursuant to rules promulgated by the2
department.3
(e) Maintain a disease registry according to disease state of its patient4
population in conformance with rules promulgated by the department.5
(f) Measure and report in a standard format on process and outcome metrics6
for patient care, including measures of care for persons with chronic disease as well7
as primary prevention activities for the entire patient population.8
(g) Measure and report in a standard format on patient satisfaction metrics9
as reported through patient experience survey tools developed and implemented in10
accordance with rules promulgated by the department.11
(2) On or before December 1, 2014, and annually thereafter, each district12
shall submit a report encompassing the most recent calendar year of its operation to13
the secretary of the department which addresses each accountability measure14
provided in Paragraph (1) of this Subsection.15
C.(1) Each district may contract for any service, system, or program with16
documentation that such contract will result in a reduction of costs when compared17
to the use of the state services, systems, and programs. Such documentation shall be18
submitted to the Joint Legislative Committee on the Budget for review and approval19
prior to entering into such contract. Any such contract for medical services with20
private health care providers shall also be let at a public meeting.21
(2) In those cases in which a district is authorized to contract for supplies,22
equipment, or services referred to in Subsection B of this Section, the district shall23
be required to comply with the provisions of the Public Bid Law, R.S. 38:2211 et24
seq. In those cases in which a district is authorized to contract for comprehensive25
liability, workers' compensation, fire and extended coverage, group insurance, and26
medical malpractice insurance, consulting, professional, personal, and social27
services, competitive negotiation shall be required using the request for proposal28
process provided for in R.S. 39:1503 and 1504.29 HLS 13RS-512 ORIGINAL
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(3) However, in all instances in which a district chooses to contract for1
supplies, equipment, or any such system or service as provided in Paragraph (1) of2
this Subsection, the district shall provide for participation of small and minority3
businesses in accordance with state laws and rules and regulations established by the4
board of the authority.5
D. Notwithstanding any other provision of law to the contrary, each district6
shall:7
(1) Have the authority to incur debt and issue bonds as authorized by R.S.8
39:559.1 and as specifically provided in R.S. 40:2962.9
(2) Apply to the Interim Emergency Board for emergency funding for any10
emergency as defined in R.S. 39:461 et seq. prior to closing any facility or11
eliminating any major service at any facility it operates. Each district shall be12
required to receive legislative approval prior to closing, selling, or leasing any13
facility or eliminating a major service at any facility.14
(3) Establish annual operating budgets for each medical center in its system15
which shall include incentives for efficiency, including but not limited to any16
payments from the accountable care organization program of the Centers for17
Medicare and Medicaid Services or any successor program, and any other state or18
federal coordinated care program in which it participates.19
(4) Submit annual budget requests for state funds to the governor through the20
division of administration, in accordance with the provisions of R.S. 39:21 et seq.,21
for an annual or supplemental appropriation from the legislature sufficient to ensure22
the continued provision of indigent health care, medical education, and human23
services, with such funds specifically designated as patient care revenues.24
(5) Enter into an annual agreement with the department, subject to the25
provisions of the Administrative Procedure Act and approval of or revision by the26
House and Senate committees on health and welfare and the Joint Legislative27
Committee on the Budget, to provide indigent health care services to the citizens of28
Louisiana. Such agreement shall emphasize the provision of indigent care and shall29 HLS 13RS-512 ORIGINAL
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reaffirm this type of care as one of the primary purposes of the district. Such1
agreement shall also provide that the district shall not use the proceeds from the2
agreement to construct, operate, or fund a health care facility or a substantial portion3
thereof which primarily treats insured patients other than those covered by Medicare4
and Medicaid. The secretary of the department shall be responsible for monitoring5
the service agreement and promptly reporting any failure to comply with the6
agreement to the governor and to the House and Senate committees on health and7
welfare and the Joint Legislative Committee on the Budget.8
(6) Promulgate, in accordance with the Administrative Procedure Act, any9
such rules as may be necessary to carry out the duties of the district relative to10
hospital administration, including rules relative to the establishment of a billing and11
payment system for services rendered to persons who are determined not to be12
medically indigent. Legislative oversight and approval of such rules shall be13
provided by the House and Senate committees on health and welfare and the Joint14
Legislative Committee on the Budget.15
(7)(a) Based upon the allocation of medical education resources pursuant to16
the provisions of R.S. 36:254(A)(14), enter into annual agreements with academic17
health centers or other institutions that have historically provided medical education18
services at a hospital of the district.19
(b)(i) Notwithstanding any other provision of this Part to the contrary, the20
physicians, medical residents, and fellows of such an academic health center or21
institution shall have access to the designated hospital as provided in such22
agreement.23
(ii) Such access shall include the right of the members of the faculty or staff24
of the academic health center or institution who are on the medical staff of the25
hospital to admit patients to the hospital and afford the academic health center or26
institution the availability of house officer training positions at the hospital as27
provided in the agreement.28 HLS 13RS-512 ORIGINAL
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(8) Take all such actions as are necessary to formulate and submit to the1
Centers for Medicare and Medicaid Services an application to participate in any2
shared savings program for coordination of care for Medicare fee-for-service3
beneficiaries established pursuant to 42 U.S.C. 1395jjj.4
(9) Submit a report and annual operational plan for its medical center or5
centers on or before December thirty-first annually to the House and Senate6
committees on health and welfare. The report shall include but not be limited to the7
following items:8
(a) Analysis and commentary on public health challenges observed in the9
district.10
(b) Summary data exclusive of patient identifying information on health11
services delivered and patient health outcomes in the period covered by the report.12
(c) Impacts on health outcomes and health care costs in the district during13
the period covered by the report which resulted from the district's participation in any14
federal or state coordinated care programs.15
(d) Analysis and commentary on any anticipated barriers to improvement of16
health care services delivered by the district.17
E. A district may provide for the private operation or management of any18
facility or any part of any facility of its medical center system, subject to approval19
by the legislature in conformance with the provisions of Paragraph (A)(1) of this20
Section.21
F. Notwithstanding any other provision of law to the contrary, a district may22
contract with a private not-for-profit health care system for the construction, leasing,23
and management of a health care facility which it owns. Such system shall have a24
minimum of five years of experience in the delivery of health care to persons who25
are indigent. Any contract entered into by a district pursuant to the provisions of this26
Subsection shall be deemed a private contract as provided in Chapter 16 of Title 3927
of the Louisiana Revised Statutes of 1950, and notwithstanding the provisions of28
R.S. 39:1484(A)(18), relative to maximum amounts of certain professional contracts.29 HLS 13RS-512 ORIGINAL
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G. Notwithstanding any other provision of law to the contrary, no district1
may contract with any other entity for the provision of services pursuant to a plan as2
described in R.S. 36:254(D)(1)(a) until the secretary of the department is authorized3
to implement such plan.4
§2962. Authority; capital improvements; debt issuance5
A.(1)(a) Without reference to any other provision of the constitution of6
Louisiana and the laws of the state and as a grant of power in addition to any other7
general or special law, each district is authorized to issue and sell bonds, notes, or8
other evidences of indebtedness, hereinafter referred to as "bonds", in one or more9
series to fund the cost of equipping, renovating, replacing, improving, and10
constructing medical centers and improvements and facilities related thereto;11
however, the total scheduled annual principal, interest, and other requirements for12
bonds issued to fund the costs of equipment or of renovating, replacing, improving,13
and constructing medical centers may not exceed an amount as determined and set14
forth by the State Bond Commission within a single fiscal year. Each district shall15
comply with the bid procedures developed by the State Bond Commission prior to16
contracting with bond counsel, bond underwriting firms, or any other entity which17
may assist in the issuance or sale of bonds. Notwithstanding any law to the contrary,18
the capital improvements authorized to be funded herein need not be included in the19
comprehensive capital budget which the legislature adopts.20
(b) The bonds may be payable from fees, rates, rentals, charges, or grants21
received by a district, or any other receipts, income, or revenue sources of a district,22
including but not limited to Medicare and Medicaid payments. Such bonds shall not23
carry the pledge of the full faith and credit of the state and the issuance of the bonds24
shall not constitute the incurring of state debt under the constitution of Louisiana.25
The bonds may be additionally secured by credit enhancement such as municipal26
bond insurance, bank guarantees, surety bonds, letters of credit, or other devices to27
enhance the credit quality of the bonds as a district determines.28 HLS 13RS-512 ORIGINAL
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(c) Each district shall have the power from time to time, and subject to1
agreements with the holders of its bonds, to issue refunding bonds whenever the2
district deems it expedient to refund any bonds by the issuance of new bonds whether3
the bonds to be refunded have or have not matured and may issue bonds partly to4
refund bonds then outstanding and partly for any other purpose provided for in this5
Subsection. Refunding bonds may be exchanged for outstanding bonds or sold and6
the proceeds applied to or deposited in escrow for purchase, redemption, or payment7
of the principal of, interest and premium, if any, on the bonds to be refunded and for8
any other purpose specified in the resolution or trust indenture authorizing or9
securing such bonds.10
(2) The bonds shall be issued in the name of the district and shall be issued11
pursuant to resolution or resolutions of the district. Such resolution or resolutions12
shall fix details and provisions of the bonds, including their date, form, terms,13
repayment schedule, registration, and redemption features, and the rights and14
remedies of the bondholders, and shall contain the provisions for their security and15
payment. The bonds shall bear interest at such rate or rates, be executed in such16
manner, be payable at such place or places as such resolution or resolutions may17
provide, and shall be sold by a district at public or private negotiated sale at such18
price or prices as that district shall determine, subject to the approval of the State19
Bond Commission. If a district determines to sell the bonds at public sale, notice of20
such sale upon sealed proposals shall be published at least once not less than seven21
days prior to the date of such sale in a publication carrying municipal bond notices22
and devoted primarily to financial news or to the subject of state and municipal23
bonds, of general circulation in the city of New York, New York, and in a newspaper24
of general circulation published in either the city of New Orleans or the city of Baton25
Rouge, Louisiana.26
(3) In addition to the foregoing, the following provisions are applicable to27
bonds issued pursuant to this Subsection:28 HLS 13RS-512 ORIGINAL
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(a) As security for the payment of any bonds issued hereunder and any1
agreement made in connection therewith, each district is authorized to pledge or2
mortgage all or any part of its revenues or properties as provided in the resolution or3
trust indenture authorizing the bonds.4
(b) Any pledge of revenues, securities, and other monies made pursuant to5
this Subsection shall be valid and binding from the time when the pledge is made.6
The revenues, securities, and other monies so pledged and then held or thereafter7
received by a district or any fiduciary shall immediately be subject to the lien of such8
pledge without any physical delivery thereof or further act, and the lien of any such9
pledge shall be valid and binding as against all parties having claims of any kind in10
contract, tort, or otherwise against the district, whether or not such parties have11
notice thereof. Neither the resolution nor any trust indenture by which a pledge is12
created need be filed or recorded except with the State Bond Commission.13
(c) All bonds issued pursuant to this Subsection shall be and are hereby made14
negotiable instruments within the meaning of and for all of the purposes of the15
commercial laws of Louisiana, subject only to the provisions of the bonds for16
registration.17
(d) All bonds and the income therefrom shall be exempt from all taxation by18
the state or any political subdivision thereof. The bonds shall be legal and authorized19
investments for banks, savings banks, insurance companies, homestead and building20
and loan associations, trustees, and other fiduciaries, and may be used for deposit21
with any officer, board, municipality, or other political subdivision of the state of22
Louisiana, in any case where, by present or future laws, deposit or security is23
required.24
(e) Subject to agreements with the holders of bonds, all proceeds of the25
bonds and all revenues pledged under the authorizing resolution or trust indenture26
securing such bonds shall be deposited and held in trust in a fund or funds separate27
and apart from all other funds of a district. Such funds, at the option of the28
respective district, shall not be deposited in the state treasury as authorized by Article29 HLS 13RS-512 ORIGINAL
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VII, Section 9(A)(6) of the Constitution of Louisiana. Subject to the resolution or1
trust indenture, the trustee shall hold the same for the benefit of the holders of the2
bonds for the application and disposition thereof solely to the respective uses and3
purposes provided in such resolution or trust indenture.4
(f) Bonds authorized in this Subsection shall not be invalid because of any5
irregularity or defect in the proceedings or in the issuance and sale thereof and shall6
be incontestable in the hands of a bona fide purchaser or holder. A district, after7
authorizing the issuance of the bonds, shall publish once in the official journal of the8
state, as provided by law, a notice of intention to issue the bonds. The notice shall9
include a description of the bonds and the security therefor. Within thirty days after10
the publication, any person in interest may contest the legality of the resolution, any11
provision of the bonds to be issued pursuant to it, the provisions securing the bonds,12
and the validity of all other provisions and proceedings relating to the authorization13
and issuance of the bonds. If no action or proceeding is instituted within the thirty-14
day period, no person may contest the validity of the bonds, the provisions of the15
resolution pursuant to which the bonds were issued, the security of the bonds, or the16
validity of any other provisions or proceedings relating to their authorization and17
issuance, and the bonds shall be presumed conclusively to be legal. Thereafter no18
court shall have authority to inquire in such matters.19
B. Except as otherwise provided in this Part:20
(1) Bonds, certificates, or other evidences of indebtedness issued by a district21
shall be deemed to be securities of public entities within the meaning of Chapters 1322
and 13-A of Title 39 of the Louisiana Revised Statutes of 1950, and shall be subject23
to defeasance in accordance with the provisions of Chapter 14 of Title 39 of the24
Louisiana Revised Statutes of 1950, and may be refunded in accordance with the25
provisions of Chapters 14-A and 15 of Title 39 of the Louisiana Revised Statutes of26
1950.27
(2) A district may issue short-term revenue notes as a public entity under28
Chapter 15-A of Title 39 of the Louisiana Revised Statutes of 1950.29 HLS 13RS-512 ORIGINAL
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(3) A district may issue bond anticipation notes in accordance with Chapter1
14-B of Title 39 of the Louisiana Revised Statutes of 1950.2
(4) Any suit to determine the validity of bonds issued by a district shall be3
brought only in accordance with the provisions of R.S. 13:5121 et seq.4
§2963. Medical centers, employees, property, and obligations of human services5
districts and authorities6
A. The following facilities heretofore operated by Louisiana State University7
and Agricultural and Mechanical College are transferred to and designated as8
medical centers to be operated by the districts specified in this Subsection:9
(1) Charity Hospital and Medical Center of Louisiana at New Orleans shall10
be transferred to and designated as a medical center to be operated by the11
Metropolitan Human Services District.12
(2) Earl K. Long Medical Center in Baton Rouge shall be transferred to and13
designated as a medical center to be operated by the Capital Area Human Services14
District.15
(3) Leonard J. Chabert Medical Center in Houma shall be transferred to and16
designated as a medical center to be operated by the South Central Louisiana Human17
Services Authority.18
(4) University Medical Center in Lafayette shall be transferred to and19
designated as a medical center to be operated by the Acadiana Area Human Services20
District.21
(5) W.O. Moss Regional Medical Center in Lake Charles shall be transferred22
to and designated as a medical center to be operated by the Imperial Calcasieu23
Human Services Authority.24
(6) Huey P. Long Medical Center in Pineville shall be transferred to and25
designated as a medical center to be operated by the Region 6 Human Services26
District.27
(7) University Hospital Shreveport shall be transferred to and designated as28
a medical center to be operated by the Region 7 Human Services District.29 HLS 13RS-512 ORIGINAL
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(8) E.A. Conway Medical Center in Monroe shall be transferred to and1
designated as a medical center to be operated by the Northeast Delta Human Services2
Authority.3
(9) Lallie Kemp Regional Medical Center in Independence shall be4
transferred to and designated as a medical center to be operated by the Florida5
Parishes Human Services Authority.6
(10) Bogalusa Medical Center shall be transferred to and designated as a7
medical center to be operated by the Florida Parishes Human Services Authority.8
B. No hospital nor any emergency room of a district may be closed without9
legislative approval. Such approval may be granted by the legislature either by10
concurrent resolution or through provisions of the General Appropriation Act.11
C.(1) All employees engaged in the performance of duties relating to the12
functions of a facility transferred from Louisiana State University and Agricultural13
and Mechanical College to a district are hereby transferred to the respective district14
to carry out the functions of the district and its medical center or centers.15
(2) A district may retain unclassified employees as provided for in R.S.16
40:2964.17
D. All legal proceedings and documents relating to facilities and functions18
transferred to a district pursuant to the provisions of this Section shall be in the name19
of the district, and on the date such facilities and functions are transferred to the20
district as provided in this Section, the district shall be substituted for the original21
party facility, office, department, or division without the necessity for amendment22
of any document to substitute the name of the district or the name or title of any23
office, official, employee, or other agent or representative of the district.24
E. Nothing in this Part shall impair the contractual or other obligations of25
any facility, office, department, or division, including any labor or collective26
bargaining agreement, the provisions for which may be affected by this Part. All27
obligations and liabilities of any such facility, office, department, or division shall28
be deemed to be the obligations and liabilities of the respective district to the same29 HLS 13RS-512 ORIGINAL
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extent as if originally incurred by the district. In order to prevent any violation of the1
provisions, terms, or conditions of any gift, donation, deed, will, trust, or other2
instrument or disposition by which property of any kind has been vested in any such3
facility, office, department, or division or diversion from the purposes for which such4
property was thus vested in any such facility, office, department, or division, each5
such instrument or disposition shall be deemed to have been vested in the appropriate6
district, in the same manner, and to the same extent as if originally vested in the7
district. Each district and its board shall be the successor in every way to each such8
facility, office, department, or division, including all of the obligations and debts of9
each such facility, office, department, or division.10
F. All books, papers, records, money, accounts receivable, actions, and other11
property of every kind, movable and immovable, real and personal, heretofore12
possessed, controlled, or used, by each facility, office, department, or division, the13
provisions for which are affected by this Section, are hereby transferred to the14
respective district, provided that for accounting purposes all liabilities, expenses,15
obligations, accounts receivable, revenues, etc., shall be deemed to have been16
transferred to the appropriate district to the same extent as if originally made.17
G. Any bona fide resident and taxpayer of the state of Louisiana shall be18
eligible to be admitted for any form of treatment by a medical center of a district.19
Those persons who are determined not to be medically indigent or medically needy20
shall be admitted only on a space available basis and shall be reasonably charged for21
any treatment or service received; however, in no event shall emergency treatment22
be denied to anyone.23
H. In the event that a district is terminated or ceases to exist for any reason,24
the hospitals and all facilities transferred to or acquired by that district shall be25
transferred to the state of Louisiana, through the Department of Health and Hospitals26
or its successor, and all employees, property, obligations, and books and records of27
the district shall also be so transferred.28 HLS 13RS-512 ORIGINAL
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§2964. Employees of district medical centers; health care professional employee1
pools2
A. The legislature recognizes that it is important that the medical centers of3
the districts are competitive in employing scarce health care professionals to meet4
staffing shortages and to supplement the core of permanent classified health care5
professionals.6
B.(1) For the purposes set forth in Subsection A of this Section, each medical7
center of a district may facilitate the employment of health care professionals for the8
medical center by establishing an unclassified health care professional employee9
pool, referred to hereinafter in this Section as a "pool". As more specifically10
provided in this Section and in R.S. 11:162(E) and R.S. 42:398 and 808(D),11
employees in positions in any such pool shall not be eligible for the same benefits12
as classified health care professionals.13
(2)(a) For purposes of this Section, a "health care professional" shall mean14
a licensed registered nurse or a licensed practical nurse and such allied health15
professionals as provided by policies and rules of the district.16
(b) For purposes of this Section, a "medical center of a district" shall mean17
any medical center or hospital operated by and under the authority of a human18
services district or authority as provided in R.S. 40:2963(A).19
C. A pool shall be comprised of unclassified health care professionals20
employed by a particular medical center of a district for the purposes provided in21
Subsection A of this Section. The inclusion of a position in a pool shall be subject22
to the prior approval by the State Civil Service Commission and notification to23
AFSCME Louisiana Council 17. Approved unclassified pool positions shall not24
exceed ten percent of full-time equivalencies in any approved category without25
approval of the state Department of Civil Service and concurrence of AFSCME26
Louisiana Council 17.27
D. If a health care professional will be employed in a pool position, the28
appointing authority shall provide the prospective employee information about the29 HLS 13RS-512 ORIGINAL
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position as otherwise required by law, including R.S. 11:162(E) and R.S. 42:398 and1
808(D).2
E. An employee who is employed in a position in a pool may be employed3
on a full-time or a part-time basis.4
SUBPART C. MISCELLANEOUS PROVISIONS5
§2971. Physicians of district medical centers; authority to render certain opinions6
Each licensed physician serving on the staff of any medical center of a7
district and his full-time supervisory medical staff member, by joint signature, are8
hereby required, when requested by a social security claimant who is, or who has9
been, a patient of the physician at such medical center and who has a treating10
relationship with the patient in the appropriate field and sufficient knowledge to11
render an opinion, to provide descriptive statements and opinions for the patient with12
respect to the patient's medical condition, employability, and ability to function,13
upon which disability determinations may be based. Nothing in this Section shall14
prohibit any medical center of a district from requiring payment for the medical15
center's current evaluation and management level services, but no such service shall16
be denied due to a patient's inability to pay. Nothing in this Section shall prohibit17
Social Security Administration funding from being utilized to pay for such services.18
§2972. Acadiana Area Human Services District; coordinated school health and19
wellness centers pilot program20
A. The legislature does hereby find and declare that good health is essential21
to a child's success in school and in life, and that delivery of basic health care and22
family support services in a school-based setting is a highly practical and fiscally23
prudent means of achieving positive outcomes in the overall wellbeing of children,24
their families, and communities of this state.25
B. The Acadiana Area Human Services District is hereby authorized to enter26
into a cooperative endeavor with the Lafayette Parish School System to develop a27
pilot program for coordinated school health and wellness centers.28 HLS 13RS-512 ORIGINAL
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C. The goals of the pilot program shall include, without limitation, the1
following:2
(1) To provide primary care services to students and their family members3
such that avoidable emergency department utilization is reduced and reliance on4
costly treatments for preventable conditions diminishes in the community.5
(2) To provide incentives which facilitate greater involvement on the part of6
parents and other family members in the education of children.7
(3) To further provide for increased access to preventive care and treatment8
delivered in schools and other community-based settings.9
(4) To optimize Medicaid federal financial participation through provision10
of primary care.11
(5) To adapt successfully to systemic health policy changes during and12
pursuant to implementation of the Patient Protection and Affordable Care Act (P.L.13
111-148) in a manner which maximizes health benefits to children and families.14
(6) To design its system of services in such a manner as to facilitate15
replication of the program by partnerships among other hospitals and schools of this16
state.17
D. No later than six months after commencement of services of the pilot18
program, and annually thereafter, the Acadiana Area Human Services District, in19
collaboration with the Lafayette Parish School System and other community partners20
of the program, shall develop a written report comprising an evaluation of major21
program aspects and shall submit such report to the House Committee on Education,22
the Senate Committee on Education, the House Committee on Health and Welfare,23
and the Senate Committee on Health and Welfare.24
E. The pilot program provided for in this Section shall be subject to the25
availability of funds for such purpose. The source of monies for the pilot program26
may be any appropriation by the legislature, including federal funds, any public or27
private donations, gifts, or grants from individuals, corporations, nonprofit28 HLS 13RS-512 ORIGINAL
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organizations, or other business entities, and any other monies which may be1
provided by law.2
F. The pilot program provided for in this Section shall not offer any services,3
counseling, or referral activities which are prohibited pursuant to the provisions of4
R.S. 40:31.3(C).5
Section 8. R.S. 42:398 and 808(D)(1) are hereby amended and reenacted to read as6
follows:7
§398. Leave not accrued; unclassified health care professional employee pool8
Notwithstanding any provision of law to the contrary, no employee who fills9
a position in an unclassified health care professional employee pool established by10
a Louisiana State University Health Sciences Center medical center pursuant to R.S.11
17:1519.16 medical center of a human services district or authority pursuant to R.S.12
40:2964 shall earn or accrue any type of leave. The appointing authority for such13
position shall notify each person being employed in such a pool position of his14
ineligibility to earn or accrue leave. Each person employed in a pool position shall15
sign an affidavit acknowledging his ineligibility to earn or accrue leave and stating16
that he has full knowledge that he is never to earn or accrue any leave for time17
worked in a position in a pool.18
* * *19
§808. Eligibility in group programs20
* * *21
D.(1) Notwithstanding any provision of law to the contrary, no person22
employed in a position in an unclassified health care professional employee pool23
established pursuant to R.S. 17:1519.16 R.S. 40:2964 shall be considered an24
employee for purposes of this Section nor shall any such person be eligible to25
participate in any health, life, or other programs sponsored by the Office of Group26
Benefits.27
* * *28 HLS 13RS-512 ORIGINAL
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Section 9. R.S. 43:31(B)(3) is hereby amended and reenacted to read as follows:1
§31. Printed matter prohibitions; uniform standards; election material2
* * *3
B.4
* * *5
(3) The Department of Economic Development, the Department of Culture,6
Recreation and Tourism, and each public institution of postsecondary education, and7
each medical center and health care institution in the health care services division of8
the Louisiana State University Health Sciences Center shall submit a report to the9
Joint Legislative Committee on the Budget within forty-five days of the close of each10
fiscal year. Each report required by this Paragraph shall contain information11
regarding actual expenses associated with the printed matter provided for in12
Paragraph (2) of this Subsection for the fiscal year being reported and, if required by13
R.S. 43:31.1, shall include a copy of the needs assessment performed in the manner14
provided by R.S. 43:31.1 for each publication in the fiscal year being reported.15
* * *16
Section 10. R.S. 46:160.8(A)(3)(a), 1072(2)(b), 1083(C), 1093(C), 2605(B)(27), and17
2761(B) are hereby amended and reenacted to read as follows:18
§160.8. The Louisiana Access to Better Care Medicaid Insurance Demonstration19
Project Oversight Board20
A.21
* * *22
(3) The eleven remaining members of the board shall be appointed by the23
governor, to serve at his pleasure, upon the recommendation of each institution or24
organization represented:25
(a) A representative from the health care services division of Louisiana State26
University Health Sciences Center at New Orleans.27
* * *28 HLS 13RS-512 ORIGINAL
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§1072. Definitions1
As used in this Subpart, the following words and phrases shall have the2
following meanings ascribed for each unless the context clearly indicates otherwise:3
* * *4
(2) "Hospital service district" means:5
* * *6
(b) A hospital owned by a city, parish, or other political subdivision of the7
state of Louisiana or a hospital owned or operated by the Board of Supervisors of8
Louisiana State University and Agricultural and Mechanical College.9
* * *10
§1083. Commission; powers, duties, functions, and responsibilities11
* * *12
C. The district, acting through the board of commissioners, may construct13
a new general hospital facility and lease such facility to any state or local agency,14
department, or other entity, including the Louisiana State University Health Sciences15
Center, health care services division Region 6 Human Services District, which lease16
shall also provide for the general operation of such general hospital facility.17
* * *18
§1093. Commission; powers, duties, functions, and responsibilities19
* * *20
C. The district, acting through the board of commissioners, may construct21
a new general hospital facility and lease such facility to any state or local agency,22
department, or other entity, including the Louisiana State University Health Sciences23
Center - health care services division Capital Area Human Services District, which24
lease shall also provide for the general operation of such general hospital facility.25
* * *26
§2605. Children's Cabinet Advisory Board27
* * *28 HLS 13RS-512 ORIGINAL
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B. The advisory board shall be composed of the following members:1
* * *2
(27) The chief executive officer chancellor of the Louisiana State University3
Health Sciences Center, health care services division, at New Orleans or his4
designee.5
* * *6
§2761. Uncompensated Care Hospital Payments7
* * *8
B. The secretary of the Department of Health and Hospitals shall, subject to9
approval from the Centers for Medicare and Medicaid Services, amend the State10
Medicaid Plan to provide for Medicaid disproportionate share payments to hospitals11
operated by the LSU Health Sciences Center-New Orleans any hospital operated by12
a human services district or authority pursuant to the provisions of R.S. 40:2951 et13
seq. under the provision of federal law that permits the reimbursement of14
uncompensated cost up to one hundred and seventy-five percent of allowable cost.15
In state fiscal years 2003-2004 and 2004-2005, Medicaid disproportionate share16
payments retained by the hospitals shall not exceed a cap as agreed upon by the17
division and the Department of Health and Hospitals and as reflected in18
appropriations to the Medical Vendor Payments Program for each year.19
* * *20
Section 11.(A) Subparts C-1 and C-2 of Part II of Chapter 4 of Title 17 of the21
Louisiana Revised Statutes of 1950, comprised of R.S. 17:1516 through 1519.18, are hereby22
repealed in their entirety.23
(B) R.S. 28:4, Chapter 2 of Title 28 of the Louisiana Revised Statutes of 1950,24
comprised of R.S. 28:241 through 261, and R.S. 912(C) are hereby repealed in their entirety.25
(C) R.S. 43:31(B)(2)(d) is hereby repealed in its entirety.26
(D) Chapter 10-D of Title 46 of the Louisiana Revised Statutes of 1950, comprised27
of R.S. 46:1191 through 1196, is hereby repealed in its entirety.28 HLS 13RS-512 ORIGINAL
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Section 12.(A) Transfer of medical centers. On the effective date of this Section,1
the authority of the Board of Supervisors of Louisiana State University and Agricultural and2
Mechanical College to control the operation of public medical centers shall be abolished and3
the medical centers shall be transferred to the human services districts and authorities as4
provided in this Act. Operation and management of the medical centers shall be the5
responsibility of the human services districts and authorities as provided in this Act. All6
unfinished business, references in laws and documents, employees, property, obligations,7
and books and records of the medical centers heretofore under the control of the Board of8
Supervisors of Louisiana State University and Agricultural and Mechanical College shall be9
transferred as provided in this Section.10
(B) Unfinished business. Upon the transfer of medical centers as provided in this11
Section, any pending or unfinished business of the medical centers shall be taken over and12
be completed by the human services districts and authorities as provided in this Act with the13
same power and authorization as that of the Board of Supervisors of Louisiana State14
University and Agricultural and Mechanical College. The human services districts and15
authorities shall be the successor in every way to the medical centers heretofore under the16
control of the Board of Supervisors of Louisiana State University and Agricultural and17
Mechanical College. Every act done by the board of a district in the exercise of the18
functions transferred to it shall be considered to have the same force and effect pursuant to19
any provisions of the constitution and laws in effect on the effective date of this Section as20
if done by the Board of Supervisors of Louisiana State University and Agricultural and21
Mechanical College.22
(C) References in laws and documents. Wherever the medical centers heretofore23
under the control of the Board of Supervisors of Louisiana State University and Agricultural24
and Mechanical College are referred to or designated by the constitution or by any law or25
contract or other document, after the effective date of the abolition of authority as provided26
in this Section such reference or designation shall be considered to apply to the respective27
human services district or authority.28 HLS 13RS-512 ORIGINAL
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(D) Legal proceedings and documents continued. Any legal proceeding to which1
the Board of Supervisors of Louisiana State University and Agricultural and Mechanical2
College is a party involving a medical center heretofore under its control, and which is filed,3
initiated, or pending before any court on the effective date of this Section, and all documents4
involved in or affected by such legal proceeding, shall retain their effectiveness and shall be5
continued in the name of the respective human services district or authority. All further6
legal proceedings and documents in the continuation, disposition, and enforcement of such7
legal proceedings shall be in the name of the board of the respective human services district8
or authority, and the board shall be substituted for the party to which it is the successor9
without the necessity for amendment of any document to substitute the name of the board10
or the name or title of any office, official, employee, or other agent or representative of the11
board or the district under its governance. Any legal proceeding and all documents involved12
in or affected by such legal proceeding, which has been continued in the name of the board13
shall retain their effectiveness, and those provisions of this Section requiring that the14
continuation, disposition, and enforcement of a legal proceeding and documents related15
thereto shall be in the name of the party to which the board is the successor shall not affect16
their validity. The definitions provided in R.S. 36:924 shall be applicable to this Section.17
(E) Protection of obligations; federal assistance. (1) This Act is not intended to and18
it shall not be construed so as to impair the contractual or other obligations of the Board of19
Supervisors of Louisiana State University and Agricultural and Mechanical College or of the20
state. All obligations of the Board of Supervisors of Louisiana State University and21
Agricultural and Mechanical College relating to medical centers heretofore under its control22
hereafter shall be considered to be the obligations of the human services districts and23
authorities through the boards of those districts and authorities, respectively, to the same24
extent as if originally made by the districts and authorities and the same are hereby ratified.25
In like manner, and in order to prevent any violation of the provisions, terms, or conditions26
of any gift, donation, deed, will, trust, or other instrument or disposition by which property27
vested in the board by this Act was previously vested in the Board of Supervisors of28
Louisiana State University and Agricultural and Mechanical College or diversion from the29 HLS 13RS-512 ORIGINAL
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purposes for which such property was so vested, it is hereby specifically provided that each1
such instrument or disposition hereafter shall be considered to have vested such property in2
the board of the respective human services district or authority in the same manner and to3
the same extent as if originally so done.4
(2) The boards of the human services districts and authorities shall be the successors5
in every way to the medical centers heretofore under the control of the Board of Supervisors6
of Louisiana State University and Agricultural and Mechanical College, including all of the7
obligations and debts of the parties to which the boards of the human services districts and8
authorities are the successors. All funds heretofore dedicated by or under authority of the9
constitution and laws of this state or any of its subdivisions to the payment of any bonds10
issued for construction or improvements for any institution or facility under the control of11
a party to which the board of a human services district or authority is the successor shall12
continue to be collected and dedicated to the payment of those bonds, unless and until other13
provision is made for the payment of such bonds. In like manner, all other dedications and14
allocations of revenues and sources of revenues heretofore made shall continue in the same15
manner, to the same extent, and for the same purposes as were provided prior to the16
enactment of this Act, unless and until other provision is made for the payment of such17
bonds.18
(3) This Act shall not be construed or applied in any way which will prevent full19
compliance by the state, or any department, office, or agency thereof, with the requirements20
of any act of the Congress of the United States or any regulation made thereunder by which21
federal aid or other federal assistance has been or hereafter is made available to this state,22
or any department, office, agency, or subdivision thereof, anything contained in this Act to23
the contrary notwithstanding, and such compliance hereafter shall be accomplished by the24
boards of the human services districts and authorities insofar as such compliance affects the25
medical centers transferred pursuant to the provisions of this Act.26
(F) Transfer of property. All books, papers, records, money, actions, and other27
property of every kind, movable and immovable, real and personal, heretofore possessed,28
controlled, or used by the medical centers heretofore under the control of the Board of29 HLS 13RS-512 ORIGINAL
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Supervisors of Louisiana State University and Agricultural and Mechanical College are1
hereby transferred to the boards of the respective human services districts and authorities.2
All funds controlled by the Board of Supervisors of Louisiana State University and3
Agricultural and Mechanical College which are dedicated to a medical center transferred to4
a human services district or authority pursuant to the provisions of this Act are hereby5
transferred to the board of the human services district or authority to which the medical6
center is transferred.7
(G) Transfer of employees. All employees heretofore engaged in the performance8
of duties of the medical centers heretofore under the control of the Board of Supervisors of9
Louisiana State University and Agricultural and Mechanical College are hereby transferred10
to the boards of the respective human services districts or authorities and shall continue to11
perform the duties heretofore performed, subject to applicable state civil service laws, rules,12
and regulations. Subject to such laws, positions in the unclassified service shall remain in13
the unclassified service. Upon the transfer of employees to a board, such employees shall14
immediately have the ability to payroll deduct or direct deposit their payroll earnings in15
favor of any credit union of which they were members prior to the transfer.16
Section 13. The Louisiana State Law Institute is hereby directed to make technical17
changes to statutory laws as necessary to reflect the transfer of medical centers to human18
services districts and authorities as provided in this Act.19
Section 14.(A) This Section shall become effective upon signature of this Act by the20
governor or, if not signed by the governor, upon expiration of the time for bills to become21
law without signature by the governor, as provided by Article III, Section 18 of the22
Constitution of Louisiana. If this Act is vetoed by the governor and subsequently approved23
by the legislature, this Section shall become effective on the day following such approval.24
(B)(1) Sections 1 through 13 of this Act shall become effective on July 1, 2014; if25
this Act is vetoed by the governor and subsequently approved by the legislature, Sections26
1 through 13 of this Act shall become effective on July 1, 2014, or on the day following such27
approval by the legislature, whichever is later. 28 HLS 13RS-512 ORIGINAL
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(2) The Board of Supervisors of Louisiana State University and Agricultural and1
Mechanical College, the Department of Health and Hospitals, the division of administration,2
and the human services districts and authorities of the state, and their officers and3
employees, and the Medical Education Commission shall take such actions prior to July 1,4
2014, as shall be necessary to implement the provisions of this Act on such date.5
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)]
Ortego HB No. 284
Abstract: Transfers governance and control of state hospitals from LSU to human services
districts and authorities and provides for delivery and financing of health services by
such districts and authorities.
Overview
Proposed law deletes present law which authorizes Louisiana State University (LSU),
through its Board of Supervisors, to govern and manage state hospitals.
Proposed law revises present law to provide that the LSU Health Sciences Center at New
Orleans and the LSU Health Sciences Center at Shreveport shall be comprised exclusively
of medical and related health schools and programs.
Proposed law provides that the human services districts and authorities of the state shall
assume governance and management of all state hospitals heretofore under the control of the
LSU Board of Supervisors.
Proposed law makes technical changes throughout present law to reflect the transfer of
governance and management of state hospitals to human services districts and authorities
as provided in proposed law.
Proposed law retains and relocates present law providing for the Medical Education
Commission.
Present law provides for powers and duties of the secretary of DHH. Proposed law retains
present law and adds the following as powers and duties of the secretary:
(1)Implement an equitable system of Medicaid funding for hospitals operated by human
services districts and authorities. Provides that revenues of a human services district
or authority generated through local taxation shall not be used to displace, replace,
or supplant appropriations to the district or authority from the Medicaid program.
Further provides that such system of Medicaid funding shall not take into account
revenues of a district or authority generated through local taxation.
(2)Take such actions as are necessary to designate revenues generated by human
services districts and authorities through local taxation, to the greatest extent
practicable, as certified public expenditures for the Medicaid program, and to utilize
such revenues as matching funds to draw additional federal financing. Provides that
subject to federal approval, the secretary shall commit funds gained through the HLS 13RS-512 ORIGINAL
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means provided in proposed law to the human services districts or authorities which
generated the corresponding matching funds.
(3)Compile and make publicly available on the DHH website all health care
accountability data reported by human services districts and authorities in
accordance with the provisions of proposed law.
Human services districts and authorities - general
Proposed law retains present law creating human services districts and authorities as special
districts within the meaning of present constitution.
Proposed law retains present law providing that purposes of the human services districts and
authorities are to operate and manage community-based programs and services related to
behavioral health, developmental disabilities, and selected public health services as
authorized by DHH and to operate and manage any other services contracted to the districts
and authorities by DHH.
Proposed law retains provisions of present law relative to statewide human services delivery.
Proposed law generally retains provisions of present law relative to governance, functions,
employees, and regulations of human services districts and authorities; except proposed law
makes the following changes thereto:
(1)Proposed law authorizes human services districts and authorities to direct the
operation and management of state hospitals.
(2)Proposed law adds hospital administration as a required qualification of certain
members of human services district and authority governing boards.
(3)Proposed law deletes provision of present law which stipulates that rights, powers,
and privileges enjoyed by human services districts and authorities as political
subdivisions shall not include the rights to incur long-term debt, issue bonds, or levy
taxes or special assessments.
(4)Proposed law changes the terms "mentally retarded" and "mental retardation" used
in certain provisions of present law to the terms "intellectually disabled" and
"intellectual disability", respectively.
(5)Proposed law changes the name of the human services district serving the parishes
of Allen, Beauregard, Calcasieu, Cameron, and Jefferson Davis from Region 5
Human Services District to Imperial Calcasieu Human Services Authority.
Human services districts and authorities - state hospital administration
Proposed law provides that the purposes of human services districts and authorities relative
to administration of state hospitals are:
(1)To provide access to high-quality medical care for patients, including the medically
indigent and uninsured.
(2)To assist institutions which operate medical schools and other health education
programs in developing a medical and clinical workforce for this state.
(3)To operate efficiently and cost-effectively.
(4)To work cooperatively with other health care providers and agencies to improve
health outcomes in La.'s population. HLS 13RS-512 ORIGINAL
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(5)To enter into such contracts, memoranda of understanding, and other agreements as
may be necessary to participate in federal and state coordinated care programs and
to maximize recipience of federal and state financial incentives for coordination of
care.
(6)To function as a patient-centered medical home which employs a culturally sensitive
approach to care management and the education of patients and families in the
ownership of their health.
(7)To facilitate an ongoing community-based health planning process through which
all citizens are afforded a meaningful level of direct input regarding design of the
district's system of health care service delivery.
Proposed law provides that each human services district and authority shall have the
following powers and duties relative to administration of state hospitals:
(1)To hold title to immovable and movable property, to acquire such property through
purchase, gift, lease, or otherwise, and to dispose of such property by sale or lease
in accordance with present law.
(2)To seek and accept charitable grants or other gifts to assist in the performance of its
functions and to coordinate fund development at the medical centers.
(3)To enter into contracts with any public or private entity in the furtherance of its
purposes, subject to limitations provided in proposed law.
(4)To retain all federal, self-generated funds and any funds collected for the provision
of services under the Medicaid program in excess of funds provided through contract
with DHH.
(5)To enjoy the same powers and exemptions granted to hospital service districts under
the provisions of present law, insofar as such powers and exemptions may be
applicable to a district or authority and not inconsistent with the power granted to
such districts and authorities in proposed law.
(6)To levy and collect annual ad valorem taxes at a rate not to exceed ten mills, subject
to certain limitations and voter approval requirements as provided in proposed law,
for purposes provided in proposed law; and to grant total or partial exemptions from
any tax which it imposes.
(7)To expend money from its operating funds for the acquisition of supplies, services,
equipment, and other items in performance of its responsibilities as set forth in
proposed law.
(8)To develop standards for quality assurance and credentialing of medical staff at
medical centers.
(9)To perform the actions necessary for medical centers to qualify for accreditation by
appropriate accrediting bodies, including the Joint Commission on Accreditation of
Healthcare Organizations.
(10)To operate or participate in managed care organizations or systems, including
without limitation, Medicare and Medicaid managed care plans; to operate or
participate in conformity with federal managed care regulations and standards; and
to enter into contracts or create new entities as necessary to do so. HLS 13RS-512 ORIGINAL
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(11)To promote scientific research and training related to the care of the sick and injured
insofar as such research and training can be conducted in connection with any
medical center of a district or authority.
(12)To participate so far as circumstances may warrant in any activity designed and
conducted to promote the general health of communities served by the districts and
authorities.
(13)To perform comprehensive community-based health planning along with other
public and private institutions and agencies engaged in providing hospital care and
other health services.
(14)To establish health care delivery policies in conformance with present law for the
admission of medical center patients and the determination of the indigent status of
patients.
(15)To identify local public sources of revenue or expenditure that may be used by DHH
as state match to draw down federal funds for the provision of health care services
to the low-income and uninsured population.
(16)To cooperate with other institutions and agencies engaged in providing hospital and
outpatient health services for the purpose of improving access to and coordination
of care.
(17)To take such actions as are necessary to apply on behalf of any facility for
Patient-Centered Medical Home accreditation from the National Committee for
Quality Assurance or its successor.
(18)To conduct public hearings and share public input on at least a biannual basis
concerning the priorities of communities comprising the districts' and authorities'
service areas for the provision of health care services.
Proposed law provides that for the purpose of ensuring accountability and quality of care,
each district shall:
(1)Operate an electronic health record for inpatient and outpatient services which meets
the current standards of the U.S. Dept. of Health and Human Services for electronic
health record interoperability.
(2)Participate in a health information exchange which facilitates sharing of clinical data
among districts.
(3)Measure and report on its costs associated with inpatient stays, inpatient days,
primary care clinic visits, specialty clinic visits, and any other metrics required
pursuant to DHH rule.
(4)Measure and report on service utilization metrics including duration of inpatient
stays, readmissions, emergency department utilization, clinic wait times, and any
other metrics required pursuant to DHH rule.
(5)Maintain a disease registry according to disease state of its patient population in
conformance with rules promulgated by the department.
(6)Measure and report in a standard format on process and outcome metrics for patient
care, including measures of care for persons with chronic disease as well as primary
prevention activities for the entire patient population. HLS 13RS-512 ORIGINAL
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(7)Measure and report in a standard format on patient satisfaction metrics as reported
through patient experience survey tools developed and implemented in accordance
with rules promulgated by the department.
Proposed law requires that on or before Dec. 1, 2014, and annually thereafter, each district
shall submit a report encompassing the most recent calendar year of its operation to DHH
which addresses the above-listed accountability measures provided for in proposed law.
Proposed law provides that each human services district and authority shall:
(1)Have the authority to incur debt and issue bonds as authorized by present law and as
specifically provided in proposed law.
(2)Apply to the Interim Emergency Board for emergency funding for any emergency
as defined in present law prior to closing any facility or eliminating any major
service at any facility it operates. Provides that each district and authority shall be
required to receive legislative approval prior to closing, selling, or leasing any
facility or eliminating a major service at any facility.
(3)Establish annual operating budgets for each medical center in its system which
encompass incentives for efficiency, including but not limited to any payments from
the accountable care organization program of the Centers for Medicare and Medicaid
Services, and any other state or federal coordinated care program in which it
participates.
(4)Submit annual budget requests for state funds to the governor through the division
of administration, in accordance with the provisions of present law, for an annual or
supplemental appropriation from the legislature sufficient to ensure the continued
provision of indigent health care, medical education, and human services, with such
funds specifically designated as patient care revenues.
(5)Enter into an annual agreement with DHH, subject to the provisions of present law
and approval of or revision by the legislative committees on health and welfare and
the Joint Legislative Committee on the Budget, to provide indigent health care
services to the citizens of La.
(6)Promulgate any such rules as may be necessary to carry out its duties, including rules
relative to the establishment of a billing and payment system for services rendered
to persons who are determined not to be medically indigent.
(7)Based upon the allocation of medical education resources pursuant to the provisions
of present law, enter into annual agreements with academic health centers or other
institutions that have historically provided medical education services at hospitals
of the districts and authorities.
(8)Take all such actions as are necessary to apply for participation in the Accountable
Care Organization (ACO) shared savings program administered by the Centers for
Medicare and Medicaid Services pursuant to 42 U.S.C. 1395jjj.
(9)Submit a report and annual operational plan on or before Dec. 31 annually to the
legislative committees on health and welfare which includes the following items:
(a)Analysis and commentary on public health challenges observed in the service
area.
(b)Summary data exclusive of patient identifying information on health services
delivered and patient health outcomes in the period covered by the report. HLS 13RS-512 ORIGINAL
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(c)Impacts on health outcomes and health care costs in the service area during
the period covered by the report which resulted from participation in any
federal or state coordinated care programs.
(d)Analysis and commentary on any anticipated barriers to improvement of
health care services delivered by the district or authority.
Proposed law provides that a human services district or authority may provide for the private
operation or management of all or part of any of its facilities subject to legislative approval
in conformance with proposed law.
Human services districts and authorities - bonds
Proposed law authorizes each human services district and authority to issue and sell bonds,
notes, or other evidences of indebtedness in one or more series to fund the cost of equipping,
renovating, replacing, improving, and constructing medical centers and related
improvements and facilities.
Proposed law provides that the total scheduled annual principal, interest, and other
requirements for bonds issued to fund the costs of equipment and of renovating, replacing,
improving, and constructing medical centers may not exceed amounts as determined and set
forth by the State Bond Commission within a single fiscal year.
Proposed law provides that each human services district and authority shall comply with bid
procedures developed by the State Bond Commission prior to contracting with bond counsel,
bond underwriting firms, or any other entity which may assist in the issuance or sale of
bonds.
Proposed law provides that the bonds may be payable from fees, rates, rentals, charges, or
grants received by a human services district or authority, or any other receipts, income, or
revenue sources, including but not limited to Medicare and Medicaid payments.
Proposed law provides that such bonds shall not carry the pledge of the full faith and credit
of the state and the issuance of the bonds shall not constitute the incurring of state debt under
the provisions of present constitution.
Proposed law provides that such bonds shall be issued in the name of the respective district
or authority pursuant to a resolution of the district or authority fixing details and provisions
of the bonds, including their date, form, terms, repayment schedule, registration, and
redemption features, the rights and remedies of the bondholders, and provisions for security
and payment of the bonds.
Proposed law provides that as security for the payment of any bonds issued in accordance
with proposed law, each human services district and authority is authorized to pledge or
mortgage all or any part of its revenues or properties as provided in the resolution or trust
indenture authorizing the bonds.
Proposed law provides that such bonds are negotiable instruments, are authorized
investments for financial institutions, may be used for deposit with the state or a political
subdivision of the state in any case where deposit or security is required, and that the income
from such bonds shall be exempt from taxation by the state or any of political subdivision
of the state.
Proposed law provides that bonds issued by a human services district and authority pursuant
to proposed law shall be deemed as securities of public entities and subject to defeasance,
and may be refunded in accordance with present law. HLS 13RS-512 ORIGINAL
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Human services districts and authorities - transfer of hospital facilities and employees
Proposed law provides that all hospitals heretofore operated by LSU are transferred to and
designated as medical centers to be operated by the human services districts and authorities
as follows:
(1)Charity Hospital and Medical Center of Louisiana at New Orleans is transferred to
and designated as a medical center to be operated by the Metropolitan Human
Services District.
(2)Earl K. Long Medical Center in Baton Rouge is transferred to and designated as a
medical center to be operated by the Capital Area Human Services District.
(3)Leonard J. Chabert Medical Center in Houma is transferred to and designated as a
medical center to be operated by the South Central Louisiana Human Services
Authority.
(4)University Medical Center in Lafayette is transferred to and designated as a medical
center to be operated by the Acadiana Area Human Services District.
(5)W.O. Moss Regional Medical Center in Lake Charles is transferred to and designated
as a medical center to be operated by the Imperial Calcasieu Human Services
Authority.
(6)Huey P. Long Medical Center in Pineville is transferred to and designated as a
medical center to be operated by the Region 6 Human Services District.
(7)University Hospital Shreveport is transferred to and designated as a medical center
to be operated by the Region 7 Human Services District.
(8)E.A. Conway Medical Center in Monroe is transferred to and designated as a
medical center to be operated by the Northeast Delta Human Services Authority.
(9)Lallie Kemp Regional Medical Center in Independence is transferred to and
designated as a medical center to be operated by the Florida Parishes Human
Services Authority.
(10)Bogalusa Medical Center is transferred to and designated as a medical center to be
operated by the Florida Parishes Human Services Authority.
Proposed law provides that no hospital nor any emergency room of a human services district
or authority may be closed without legislative approval.
Proposed law provides that all employees engaged in the performance of duties relating to
the functions of a facility transferred from LSU to a human services district or authority shall
be transferred to the respective district or authority to carry out the functions of the district
or authority and its facilities.
Proposed law provides that all legal proceedings and documents relating to facilities and
functions transferred to a human services district or authority pursuant to proposed law shall
be in the name of the district or authority, and on the date such facilities and functions are
transferred, the district or authority shall be substituted for the original party facility, office,
department, or division without the necessity for amendment of any document to substitute
the name of the district or authority or the name or title of any office, official, employee, or
other agent or representative of the district or authority.
Proposed law provides that nothing in proposed law shall impair the contractual or other
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bargaining agreement, the provisions for which may be affected by proposed law. Provides
that all obligations and liabilities of any such facility, office, department, or division shall
be deemed to be the obligations and liabilities of the respective human services districts and
authorities to the same extent as if originally incurred by the district or authority. Further
provides that any gift, donation, deed, will, trust, or other instrument or disposition by which
property of any kind has been vested in any such facility, office, department, or division
shall be deemed to have been vested in the respective district or authority, in the same
manner, and to the same extent as if originally vested in the district or authority. Further
provides that each district and authority and their respective boards shall be the successor
in every way to each such facility, office, department, or division, including all of the
obligations and debts of each such facility, office, department, or division.
Proposed law provides that all books, papers, records, money, accounts receivable, actions,
and other property of every kind, movable and immovable, real and personal, heretofore
possessed, controlled, or used, by each facility, office, department, or division, the
provisions for which are affected by proposed law, are transferred to the respective district
or authority, provided that for accounting purposes all liabilities, expenses, obligations,
accounts receivable, revenues, etc., shall be deemed to have been transferred to the district
or authority to the same extent as if originally made.
Proposed law provides that any bona fide resident and taxpayer of the state shall be eligible
to be admitted for any form of treatment by a medical center of a human services district or
authority. Provides that those persons who are determined not to be medically indigent or
medically needy shall be admitted only on a space available basis and shall be reasonably
charged for any treatment or service received. Stipulates that in no event shall emergency
treatment be denied to anyone.
Proposed law provides that if a human services district or authority is terminated or ceases
to exist for any reason, the hospitals and all facilities transferred to or acquired by that
district or authority shall be transferred to the state, through DHH or its successor, and all
employees, property, obligations, and books and records of the district or authority shall also
be so transferred.
Proposed law provides that each medical center of a human services district or authority may
facilitate the employment of health care professionals for the medical center by establishing
an unclassified health care professional employee pool. Retains and relocates provisions of
present law relative to such unclassified health care employee pools.
Human services districts and authorities - miscellaneous provisions
Proposed law retains and relocates present law providing that each licensed physician
serving on the staff of a medical center of a human services district or employee and his
full-time supervisory medical staff member, by joint signature, are required, when requested
by a social security claimant who is, or who has been, a patient of the physician at the
medical center and who has a treating relationship with the patient in the appropriate field
and sufficient knowledge to render an opinion, to provide descriptive statements and
opinions for the patient with respect to the patient's medical condition, employability, and
ability to function, upon which disability determinations may be based.
Proposed law retains and relocates present law providing for the coordinated school health
and wellness centers pilot program authorized as a cooperative endeavor of the Lafayette
Parish School System and University Medical Center in Lafayette, the state hospital to be
administered by the Acadiana Area Human Services District in accordance with proposed
law. HLS 13RS-512 ORIGINAL
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Effective date
Upon signature of governor or lapse of time for gubernatorial action, proposed law becomes
effective July 1, 2014.
(Amends R.S. 11:162(E)(1), R.S. 15:713(A)(2), 824(B)(1)(c)(ii), and 831(B)(2), R.S.
17:3215(6) and (7), R.S. 28:831(A)(intro. para.) and (2), (C)(1)(a), (b)(i)-(iii), (E), and
(F)(1), (4), and (5), 852(A), 853(B), 854(A)(2) and (5) and (D), 856, 862(A), 863(B),
864(A)(2) and (5) and (D), 866, 872(A), 873(B), 874(A) and (D), 876, 892, 893(B), 894(A),
(B)(intro. para.) and (5), and (D), 896, 902(A), 903(B)(1), 904(A)(6) and (D), 906,
912(A)(1) and (B), 913(A)(2) and (3), 915(C) and (F)(5), 917(A) and (D), and 920, R.S.
36:254(A)(14) and (F)(1) and 259(FF), R.S. 39:98.3(B)(3), 98.4(B)(3), 1533(A), 1536(A)(2),
1543(D), and 1593.1(A), R.S. 40:1300.83(3) and 2018.1(B)(13), R.S. 42:398 and 808(D)(1),
R.S. 43:31(B)(3), and R.S. 46:160.8(A)(3)(a), 1072(2)(b), 1083(C), 1093(C), 2605(B)(27),
and 2761(B); Adds R.S. 28:854(A)(6), 864(A)(6), 904(A)(7), and 915(G), R.S.
36:254(A)(15) and (16), R.S. 40:2003, and 2861-2972; Repeals R.S. 17:1516-1519.18, R.S.
28:4, 241-261, and 912(C), R.S. 43:31(B)(2)(d), and R.S. 46:1191-1196)