Louisiana 2013 2013 Regular Session

Louisiana House Bill HB720 Enrolled / Bill

                    ENROLLED
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Regular Session, 2013
HOUSE BILL NO. 720   (Substitute for House Bill No. 595 by Representative Abramson)
BY REPRESENTATIVES ABRAMSON, ARNOLD, BERTHELOT, BILLIOT, WESLEY
BISHOP, BROSSETT, CARMODY, DANAHAY, DIXON, DOVE, FRANKLIN,
GAINES, GAROFALO, GISCLAIR, HARRISON, LEGER, LEOPOLD, MILLER,
MORENO, PIERRE, SCHEXNAYDER, ST. GERMAIN, AND WILLMOTT AND
SENATORS ALLAIN, LONG, MORRELL, AND WARD
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact Sections 3, 4, and 5(A) of Act No. 867 of the 2012 Regular Session2
of the Legislature and to repeal Section 6 of Act No. 867 of the 2012 Regular3
Session of the Legislature, relative to the authorization to transfer certain state4
property in Orleans Parish; to authorize the transfer of state property in Orleans5
Parish; to repeal the requirement of certain conditions; to provide for reservation of6
mineral rights; to provide terms and conditions; to provide for an annual report; to7
provide an effective date; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. Sections 3, 4, and 5(A) of Act No. 867 of the 2012 Regular Session of the10
Legislature are hereby amended and reenacted to read as follows:11
Section 3. The commissioner of administration, notwithstanding any other12
provision of law to the contrary, is hereby authorized and empowered to convey,13
transfer, assign, lease, or deliver any interest, excluding mineral rights, the state may14
have to all of any portion of the parcel of property described in Section 1 of this Act15
to the Children's Hospital, New Orleans.16
Section 4. The commissioner of administration is hereby authorized to enter17
into such agreements, covenants, conditions, and stipulations and to execute such18
documents as necessary to properly effectuate any conveyance, transfer, assignment,19
lease, or delivery of title, excluding mineral rights, to the property described in20 ENROLLEDHB NO. 720
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Section 1 of this Act, and as more specifically described in any such agreements1
entered into and documents executed by and between the commissioner of2
administration and Children's Hospital, New Orleans, in exchange of consideration3
proportionate to at least the appraised value of the property.4
Section 5. A. The authority provided to the commissioner of administration5
in Section 3 and Section 6 of this Act shall be conditioned upon the agreement6
authorized by Section 4 and Section 6 of this Act containing the following7
provisions: (1) The that the property shall be administered, managed, and operated8
as a facility for health care, mental health care, or health care or mental health care9
education.10
(2)  The portion of the property described in Section 1 of this Act that11
formerly housed the New Orleans Adolescent Hospital shall be administered,12
managed, and operated so as to provide mental health care including in-patient and13
out-patient services consistent with those services provided by the New Orleans14
Adolescent Hospital prior to 2010.  Such services may be provided by a third party15
as more particularly provided for in the lease agreement.16
*          *          *17
Section 2. Section 6 of Act No. 867 of the 2012 Regular Session of the Legislature18
is hereby repealed in its entirety.19
Section 3.A. Children's Hospital, New Orleans, consistent with the current best20
practices of delivery models, shall provide the total dollars necessary for the development21
and infrastructure to open:22
(1) At a minimum, an additional sixteen pediatric or adolescent behavior health care23
beds. If ninety percent of those additional beds become reserved or occupied over a24
three-month period, Children's Hospital, New Orleans shall, in good faith, make reasonable25
efforts to consider and, if appropriate, add additional beds for pediatric or adolescent mental26
health care as consistent with the behavioral health needs of the region.27
(2)  Behavioral health care services for children under five years of age.28
(3)  Expansion of the Autism Center at Children's Hospital, New Orleans campus.29
(4)  Inpatient-to-and out-patient behavioral transition care program.30 ENROLLEDHB NO. 720
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B.(1) The capital outlay funding in Act No. 23 of the 2012 R.S. allocated to the New1
Orleans Adolescent Hospital and for the dedicated related other mental health facilities shall2
be consolidated and reallocated to purchase equipment for the University Medical Center3
and such capital outlay funds shall be used first to fund such equipment and at no additional4
charge to the University Medical Center Management Corporation, provided that University5
Medical Center Management Corporation or Louisiana Children's Medical Center6
demonstrate that additional behavioral health services will be provided at the hospital or in7
the New Orleans area at one of the Louisiana Children's Medical Center affiliates consistent8
with the provision of this Act. In consideration of this or comparable capital outlay funding,9
Children's Hospital, New Orleans shall, in good faith, make reasonable efforts to consider10
and provide the following additional services:11
(a)  Substance abuse and medical detoxification services.12
(b)  Longer term inpatient services with educational and therapeutic services.13
(c)  Services for children and youth in the juvenile justice system, as appropriate.14
(d)  Day treatment services.15
(2) Consideration of the additional services in Paragraph (1) of this Subsection shall16
be in consultation and collaboration with the appropriate stakeholders and shall take into17
account Medicaid and other funding. Children's Hospital, New Orleans and the Department18
of Health and Hospitals shall seek the most advantageous utilization of the increased bed19
capacity and the development of an inpatient-to-out-patient behavioral transition care20
program.21
C. Except as otherwise provided for in this Section, the services provided for in this22
Section may be located at any location in the city of New Orleans after holding a public23
hearing with an opportunity for public comment and Children's Hospital, New Orleans shall24
consider and make reasonable and practical efforts to accommodate legitimate concerns.25
D. Children's Hospital, New Orleans shall submit a report to the Speaker of the26
House of Representatives, the President of the Senate, the House Committee on Health and27
Welfare, and the Senate Committee on Health and Welfare on the behavioral mental health28
services as provided for in this Section. The report shall be submitted on or before the first29 ENROLLEDHB NO. 720
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day of February each year until February 1, 2018, or until the completion of Children's1
Hospital, New Orleans obligations under this Section, whichever occurs first.2
Section 4. This Act shall become effective upon signature by the governor or, if not3
signed by the governor, upon expiration of the time for bills to become law without signature4
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If5
vetoed by the governor and subsequently approved by the legislature, this Act shall become6
effective on the day following such approval.7
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: