SSHB95 2709 726
HOUSE SUMMARY OF SENATE AMENDMENTS
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)
Synopsis of Senate Amendments
1.Deletes proposed law prohibiting the La. Department of Health (LDH) from
restricting visitation of residents of intermediate care facilities for people with
developmental disabilities (ICF/DD) 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.
2.Deletes proposed law authorizing 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.
3.Deletes proposed law authorizing LDH to require that during any visit with an
ICF/DD resident at the facility by a close family member, the 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.
4.Deletes proposed law providing that if LDH issues any citation, notice, or order
to an ICF/DD which has the effect of prohibiting visitation at the facility and the
facility disputes in writing any finding on which the citation, notice, or order
was based, then the department shall resolve the dispute within 14 days of
receiving written notice of the dispute from the facility.
5.Deletes proposed law providing that if LDH and an ICF/DD do not resolve a
disputed finding against the facility within 14 days, then visitation of clients at
the ICF/DD may resume without penalty to the facility until such time as LDH
and the facility resolve the dispute.
6.Requires LDH to promulgate administrative rules to allow any close family
member of an ICF/DD resident to visit the resident during a state-declared
public health emergency. Specifies that such rules shall include:
(a)Minimum requirements for visitation, including length of visit and
location of the visit.
(b)Requirements for visitors, including health screenings, testing, and
personal protective equipment.
(c)Limitations on visitation due to health, safety, and welfare issues,
including limitations provided in an executive order of the governor or
an order of the state health officer.
(d)Prohibition of visitation by any close family member who is infected
with COVID-19.
(e)Provisions for off-site visitation, including requirements and conditions
for allowing the resident to return to the facility.
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(f)Provisions for dispute resolution regarding deficiencies related to
visitation.
7.Stipulates that the rules required by proposed law shall be preempted by any
federal statute, regulation, or guidance requiring an ICF/DD to restrict resident
visitation in a manner that is more restrictive than those rules.
8.Codifies proposed law within present law on licensure and regulation of
ICF/DD (R.S. 40:2180 et seq.).
Digest of Bill as Finally Passed by Senate
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 rules to allow any close family member of an
ICF/DD resident to visit the resident during a state-declared public health emergency.
Provides for the minimum content of the rules including provisions for off-site visitation and
resolution of disputes regarding deficiencies related to visitation.
Proposed law stipulates that the rules adopted pursuant thereto shall be preempted by any
federal statute, regulation, or guidance that requires an ICF/DD to restrict resident visitation
in a manner that is more restrictive than those rules.
Proposed law defines "close family member" as 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.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 40:2180.2(11))
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