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)]
HB 431 Engrossed 2019 Regular Session Jackson
Abstract: Provides relative to the rules, regulations, and standards for licensing of hospice care
facilities and implements regulations regarding the issuance of permits to nonlicensed
persons.
Proposed law provides that the administration of proposed law is vested in the La. Dept. of Health
and the Louisiana-Mississippi Hospice and Palliative Care Organization and that the department
shall promulgate rules and regulations to carry out the provisions of proposed law in accordance with
the Administrative Procedure Act.
Proposed law defines "otherwise-qualified nonlicensed person" to mean an ex-offender with a
certificate of completion from a community-based hospice licensed by the department, who has been
convicted of an offense or offenses, except for a sex offense as defined by R.S. 15:541.
Proposed law provides that Louisiana-Mississippi Hospice and Palliative Care Organization shall
issue permits to otherwise-qualified nonlicensed persons who provide, for compensation,
health-related services directly related to patient care to residents in, or patients of, a hospice agency,
and to any person who provides such services to individuals in their own homes as an employee or
contract provider of a hospice.
Proposed law provides that an otherwise-qualified nonlicensed person may apply to the Louisiana-
Mississippi Hospice and Palliative Care Organization for a permit to provide health-related services
to a hospice agency or hospice. Louisiana-Mississippi Hospice and Palliative Care Organization
shall issue the permit for which the applicant applied and is otherwise qualified to receive.
Proposed law provides for the training required for an otherwise-qualified nonlicensed person.
Proposed law requires the Louisiana-Mississippi Hospice and Palliative Care Organization to
approve a program curriculum for an otherwise-qualified nonlicensed person.
(Adds R.S. 40:2184(3) and 2192)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill: 1. Remove the requirement for an otherwise-qualified nonlicensed person to obtain
laboratory training.
2. Remove the authority to provide a permit to provide nursing care to an otherwise-
qualified nonlicensed person.
3. Amend proposed law by divesting any authority vested to the La. Department of Health
and vesting the power to adopt and promulgate rules and develop and issue permits to
the Louisiana-Mississippi Hospice and Palliative Care Organization.
4. Require the promulgation of a rule that will require a hospice agency or hospice to
disclose the employment of an otherwise-qualified nonlicensed person to its patients and
their immediate family.
5. Make technical changes.