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 Reengrossed 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.
Proposed law provides that if LDH issues any citation, notice, or order to an ICF/DD pursuant to a
licensing survey, inspection, or other evaluation and the citation, notice, or order has the effect of
prohibiting visitation at the facility and the facility disputes in writing any finding from the survey,
inspection, or evaluation, then LDH shall resolve the dispute within 14 days of receiving written
notice of the dispute from the facility. Provides further that if LDH and the facility do not resolve
the dispute within 14 days, then visitation of clients at the ICF/DD may resume without penalty to
the facility until such time as the dispute is resolved.
Effective upon signature of governor or lapse of time for gubernatorial action.
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Provide that if the La. Dept. of Health issues any citation, notice, or order to an ICF/DD
pursuant to a licensing survey, inspection, or other evaluation and the citation, notice, or
order has the effect of prohibiting visitation at the facility and the facility disputes in
writing any finding from the survey, inspection, or evaluation, then the department shall
resolve the dispute within 14 days of receiving written notice of the dispute from the
facility. Provide further that if the department and the facility do not resolve the dispute
within 14 days, then visitation of clients at the ICF/DD may resume without penalty to
the facility until such time as the dispute is resolved.
2. Make technical changes.