SLS 15RS-444 REENGROSSED 2015 Regular Session SENATE BILL NO. 61 BY SENATOR BUFFINGTON Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. HEALTH SERVICES. Provides relative to hospital service districts. (gov sig) 1 AN ACT 2 To enact R.S. 46:1069.1, relative to hospital service districts; to provide for leasing and 3 operating a licensed nursing home; to provide for an effective date; and to provide 4 for related matters. 5 Be it enacted by the Legislature of Louisiana: 6 Section 1. R.S. 46:1069.1 is hereby enacted to read as follows: 7 ยง1069.1. Hospital service districts; leasing and operating a licensed nursing 8 home 9 A. Except as provided in Subsection D of this Section, nothing in this 10 Chapter shall be construed to prevent or prohibit a hospital service district 11 created pursuant to this Chapter from leasing and operating a licensed nursing 12 home, as defined in R.S. 40:2009.2, that is located within the boundaries of that 13 hospital service district or outside the boundaries of that hospital service district 14 but within the state of Louisiana. 15 B.(1) If a hospital service district determines to lease and operate a 16 licensed nursing home within thirty-five miles of a hospital service district 17 hospital in an adjoining hospital service district, then the hospital service Page 1 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 61 SLS 15RS-444 REENGROSSED 1 district shall provide sixty days written prior notice to the governing authority 2 of the parish in which the nursing home is located. 3 (2) If the governing authority of the parish does not provide written 4 notice of objection to the hospital service district within the required sixty days, 5 then the hospital service district may lease and operate the licensed nursing 6 home. 7 (3) If the governing authority of the parish in which the licensed nursing 8 home is located objects in writing within the required sixty days, and after a 9 good-faith effort is made to reach an agreement between the governing 10 authority of the parish and the licensed nursing home, and an agreement is not 11 reached, then the hospital service district may lease and operate the licensed 12 nursing home. 13 C. A hospital service district shall not operate a licensed nursing home 14 in any parish having a population of not less than four hundred thirty thousand 15 and not more than four hundred thirty-five thousand according to the latest 16 federal decennial census, in any parish having a population of not less than one 17 hundred ten thousand and not more than one hundred fifteen thousand 18 according to the latest federal decennial census, or in any parish having a 19 population of not less than two hundred nineteen thousand and not more than 20 two hundred twenty-eight thousand according to the latest federal decennial 21 census without either being the service district hospital where the licensed 22 nursing home is located or receiving the approval of the hospital service district 23 where the nursing home is located. 24 Section 2. This Act shall become effective upon signature by the governor or, if not 25 signed by the governor, upon expiration of the time for bills to become law without signature 26 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If 27 vetoed by the governor and subsequently approved by the legislature, this Act shall become 28 effective on the day following such approval. Page 2 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 61 SLS 15RS-444 REENGROSSED The original instrument was prepared by Christopher D. Adams. The following digest, which does not constitute a part of the legislative instrument, was prepared by Cathy R. Wells. DIGEST SB 61 Reengrossed 2015 Regular Session Buffington Proposed law provides a hospital service district created pursuant to present law may lease and operate a licensed nursing home as defined in present law that is located within the boundaries of that hospital service district or outside the boundaries of that hospital service district but within the boundaries of the state. Proposed law provides if a hospital service district determines to lease and operate a licensed nursing home within 35 miles of a hospital service district hospital in an adjoining hospital service district, then the hospital service district shall provide a 60-day written prior notice to the governing authority of the parish in which the licensed nursing home is located. Proposed law provides if the governing authority of the parish in which the licensed nursing home is located does not provide written notice of objection to the hospital service district within the required 60 days, then the hospital service district may lease and operate the licensed nursing home. Proposed law provides if the governing authority in which the licensed nursing home is located objects in writing within the 60 days of providing notice as described in proposed law, and after a good-faith effort is made to reach an agreement between the governing authority of the parish and the licensed nursing home, and an agreement is not reached, then the hospital service district may lease and operate a licensed nursing home located outside of the boundaries of its hospital service district. Proposed law provides a hospital service district shall not operate a licensed nursing home in any parish having a population of not less than 430,000 and not more than 435,000 according to the latest federal decennial census, in any parish having a population of not less than 219,000 and not more than 228,000 according to the latest federal decennial census , or in any parish having a population of not less than 110,000 and not more than 115,000 according to the latest federal decennial census without either being the service district hospital where the licensed nursing home is located or receiving the approval of the hospital service district where the licensed nursing home is located. Effective upon signature of the governor or lapse of time for gubernatorial action. (Adds R.S. 46:1069.1) Summary of Amendments Adopted by Senate Committee Amendments Proposed by Senate Committee on Health and Welfare to the original bill 1. Provides for the process for hospital service district to lease and operate a nursing home. 2. Provides for an exception for two different population categories. Page 3 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 61 SLS 15RS-444 REENGROSSED Senate Floor Amendments to engrossed bill 1. Provides that a hospital service district may lease and operate a licensed nursing home that is located within the boundaries of that hospital service district or outside the boundaries of that hospital service district but within the boundaries of the state. 2. Requires that nursing homes must be licensed. 3. Provides for an additional exception for parishes having a population of not less than 219,000 and not more than 228,000 according to the latest federal decennial census. Page 4 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.