GREEN SHEET REDIGEST
HB 95 2020 Second Extraordinary Session 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)
DIGEST
Present law, R.S. 40:2180 et seq., provides for licensure and regulation by the La.
Department of Health (LDH) of intermediate care facilities for people with developmental
disabilities (ICF/DD). Proposed law retains present law.
Proposed law requires LDH to promulgate provisions to allow any close family member of
a resident of an ICF/DD to visit the resident during any state of public health emergency or
to address the infectious respiratory disease known as COVID. Further provides for the
minimum content of the rules including provisions for off-site visitation and determinations
of dispute resolutions regarding deficiencies related to visitation.
Proposed law provides the rules shall be preempted by any federal statute or regulation or
guidance from a federal government agency that requires an ICF/DD to restrict resident
visitation in a manner that is more restrictive than the rules adopted by LDH.
Proposed law defines "close family member".
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 40:2180.2(11))
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.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to the
reengrossed bill
1. Deletes provisions establishing a right to visitation of ICF/DD residents.
2. Requires rulemaking by LDH to provide for visitation by close family members
during a public health emergency or to address COVID-19.
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Prepared by Brandi Cannon.