HLS 202ES-435 ORIGINAL
2020 Second Extraordinary Session
HOUSE BILL NO. 95
BY REPRESENTATIVE BUTLER
EXCEP PERSON/DEV DISABLE: Requires the La. Department of Health to allow
visitation of residents at intermediate care facilities by residents' family members
during a public health emergency (Item #28)
1 AN ACT
2To require the Louisiana Department of Health to allow visitation of residents of
3 intermediate care facilities by certain family members of those residents; to provide
4 conditions for such visitation; to provide for the application of certain law and
5 effectiveness of that law; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. The provisions of this Act shall apply exclusively during any state of
8public health emergency declared in accordance with R.S. 29:766 to address the infectious
9respiratory disease known as COVID-19.
10 Section 2.(A) Notwithstanding any law to the contrary, the Louisiana Department
11of Health, referred to hereafter in this Section as the "department", shall allow any close
12family member of a resident of an ICF/DD to visit the resident in accordance with the
13provisions of this Section.
14 (B)(1) The department shall not restrict visitation of ICF/DD residents by close
15family members based upon the occurrence of an outbreak of COVID-19 infections among
16facility residents that is known to have resulted from transmission of COVID-19 to a resident
17from a staff member of the facility.
18 (2) The department shall prohibit any close family member who is infected with
19COVID-19 from visiting an ICF/DD resident.
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HB NO. 95
1 (C)(1) The department may require any close family member who seeks to visit an
2ICF/DD resident at the facility to be tested for COVID-19 and shall allow the close family
3member to visit the resident if the test result is negative.
4 (2) The department may require that during any visit with an ICF/DD resident at the
5facility by a close family member, the close family member shall wear personal protective
6equipment of the same type and in the same amount that direct care staff are required to wear
7when physically interacting with facility residents.
8 (3) The department shall allow a close family member to visit an ICF/DD resident
9away from the facility campus and shall allow the resident to return to the facility only when
10the resident is tested for COVID-19 and the test result is negative.
11 (D) Neither the department nor the ICF/DD shall limit an on-campus visit with an
12ICF/DD resident by a close family member to a duration of less than two hours.
13 (E) For purposes of this Section, the following terms shall have the meaning
14ascribed in this Subsection:
15 (1) "Close family member" means a parent, step-parent, sibling, step-sibling, aunt,
16uncle, child, step-child, spouse, mother-in-law, father-in-law, grandparent, grandchild, or
17legal representative of the ICF/DD resident.
18 (2) "Department" means the Louisiana Department of Health.
19 (3) "ICF/DD" means an intermediate care facility for people with developmental
20disabilities licensed in accordance with the provisions of Part VI-E of Chapter 11 of Title
2140 of the Louisiana Revised Statutes of 1950.
22 Section 3. The department shall take all administrative actions necessary to
23effectuate the purpose and provisions of this Act.
24 Section 4. This Act shall become effective upon signature by the governor or, if not
25signed by the governor, upon expiration of the time for bills to become law without signature
26by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
27vetoed by the governor and subsequently approved by the legislature, this Act shall become
28effective on the day following such approval.
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HB NO. 95
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 95 Original 2020 Second Extraordinary Session Butler
Abstract: Requires the La. Department of Health to allow visitation of residents at
intermediate care facilities for people with developmental disabilities by persons
designated as close family members.
Present law, R.S. 40:2180 et seq., provides for licensure and regulation by the Louisiana
Department of Health (LDH) of intermediate care facilities for people with developmental
disabilities (ICF/DD). Proposed law retains present law.
Proposed law provides that it shall apply exclusively during any state of public health
emergency declared in accordance with present law, R.S. 29:766, to address the infectious
respiratory disease known as COVID-19.
Proposed law provides that "close family member", for purposes of proposed law, means a
parent, step-parent, sibling, step-sibling, aunt, uncle, child, step-child, spouse,
mother-in-law, father-in-law, grandparent, grandchild, or legal representative of the ICF/DD
resident.
Proposed law requires LDH to allow any close family member of a resident of an ICF/DD
to visit the resident in accordance with the provisions of proposed law.
Proposed law prohibits LDH from restricting visitation of ICF/DD residents by close family
members based upon the occurrence of an outbreak of COVID-19 infections among facility
residents that is known to have resulted from transmission of COVID-19 to a resident from
a staff member of the facility. Requires, however, that LDH prohibit any close family
member who is infected with COVID-19 from visiting an ICF/DD resident.
Proposed law authorizes LDH to require any close family member who seeks to visit an
ICF/DD resident at the facility to be tested for COVID-19, and to allow the close family
member to visit the resident if the test result is negative.
Proposed law authorizes LDH to require that during any visit with an ICF/DD resident at the
facility by a close family member, the close family member shall wear personal protective
equipment of the same type and in the same amount that direct care staff are required to wear
when physically interacting with facility residents.
Proposed law requires LDH to allow a close family member to visit an ICF/DD resident
away from the facility campus and to allow the resident to return to the facility only after the
resident is tested for COVID-19 and the test result is negative.
Proposed law stipulates that neither LDH nor the ICF/DD shall limit an on-campus visit with
an ICF/DD resident by a close family member to a duration of less than two hours.
Effective upon signature of governor or lapse of time for gubernatorial action.
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