RDCSB36 2709 3066
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)]
SB 36 Reengrossed 2019 Regular Session Mills
Proposed law provides legislative intent regarding the need to regulate emergency
departments, to protect the public health and welfare, and to preserve rural hospitals.
Proposed law provides definitions.
Proposed law requires that emergency departments be licensed by the La. Department of
Health (LDH) as part of the main campuses of hospitals or as separate off-site campuses of
existing licensed hospitals.
Proposed law prohibits licensing of freestanding emergency departments in this state.
Proposed law prohibits licensing of hospital off-site campus emergency departments within
the primary service areas of rural hospitals or rural referral centers as defined by present law.
Provides, however, that the prohibition shall not apply to a nonprofit hospital licensed by
LDH which obtained a building or construction permit for a new off-site campus prior to
April 1, 2019.
Effective August 1, 2019.
(Adds R.S. 40:2115.31 through 2115.33)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to
the original bill
1. Removes legislative intent declaring that the public health and welfare is not
promoted by freestanding emergency departments which are not part of a
licensed hospital and do not have inpatient hospital services.
2. Makes technical corrections.
Senate Floor Amendments to engrossed bill
1. Specifies that such prohibition shall not apply to a nonprofit hospital licensed
by the Department of Health and that has obtained a building or construction
permit for a new off-site campus prior to April 1, 2019.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the reengrossed bill:
1. Define "rural referral center" to mean an entity classified as a rural referral center
pursuant to the provisions of federal law, 42 U.S.C. 1395ww(d)(5)(C).
2. Prohibit the La. Department of Health from issuing a license to any off-site
campus emergency department within the primary service area of a rural referral
center.
3. Make technical changes.
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