ENROLLED
ACT No. 27
2020 Second Extraordinary Session
HOUSE BILL NO. 95
BY REPRESENTATIVES BUTLER, ADAMS, AMEDEE, BACALA, BAGLEY,
BEAULLIEU, BISHOP, BOURRIAQUE, BRASS, BROWN, BRYANT,
CARPENTER, GARY CARTER, ROBBY CARTER, CORMIER, COUSSAN,
COX, CREWS, DAVIS, DESHOTEL, DEVILLIER, DUBUISSON, DUPLESSIS,
DWIGHT, ECHOLS, EDMONDS, EDMONSTON, EMERSON, FARNUM,
FIRMENT, FREEMAN, FREIBERG, FRIEMAN, GADBERRY, GAROFALO,
GOUDEAU, GREEN, HARRIS, HILFERTY, HODGES, HORTON, HUGHES,
HUVAL, ILLG, IVEY, JAMES, JEFFERSON, JENKINS, MIKE JOHNSON,
TRAVIS JOHNSON, JONES, JORDAN, KERNER, LACOMBE, LYONS, MACK,
MAGEE, MCCORMICK, MCFARLAND, MCKNIGHT, MCMAHEN, MIGUEZ,
DUSTIN MILLER, MINCEY, MOORE, MUSCARELLO, ORGERON, CHARLES
OWEN, ROBERT OWEN, PRESSLY, RISER, ROMERO, SCHEXNAYDER,
SEABAUGH, SELDERS, ST. BLANC, STEFANSKI, TARVER, THOMAS,
THOMPSON, TURNER, VILLIO, WHEAT, WHITE, WILLARD, AND
ZERINGUE AND SENATORS ABRAHAM, ALLAIN, BARROW, BERNARD,
BOUDREAUX, BOUIE, CARTER, CATHEY, CLOUD, CONNICK, CORTEZ,
FESI, FIELDS, HARRIS, HENSGENS, HEWITT, JACKSON, JOHNS, LUNEAU,
MCMATH, FRED MILLS, ROBERT MILLS, MIZELL, PEACOCK, POPE,
PRICE, REESE, SMITH, TALBOT, WARD, WHITE, AND WOMACK
1 AN ACT
2 To enact R.S. 40:2180.2(11), relative to the promulgation of rules by the Louisiana
3 Department of Health to allow visitation of residents of intermediate care facilities
4 by certain family members of those residents; to provide for rulemaking; to provide
5 for an effective date; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 40:2180.2(11) is hereby enacted to read as follows:
8 ยง2180.2. Promulgation of rules
9 The department shall promulgate, in accordance with the Administrative
10 Procedure Act, licensing standards, rules, and regulations, regarding, but not limited
11 to the following:
12 * * *
13 (11)(a) Provisions to allow any close family member of a resident of an
14 ICF/DD to visit the resident during any state of public health emergency declared in
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are additions. HB NO. 95 ENROLLED
1 accordance with R.S. 29:766 or to address the infectious respiratory disease known
2 as COVID-19. The rules shall include but not be limited to the following:
3 (i) Authorization of visitation for close family members.
4 (ii) Minimum requirements for visitation, including length of visit and
5 location of the visit.
6 (iii) Requirements for visitors, including health screenings, testing, and
7 personal protective equipment.
8 (iv) Limitations on visitation due to health, safety, and welfare issues,
9 including limitations of visitation provided in an executive order of the governor of
10 the state or an order of the state health officer due to the public health emergency.
11 (v) Prohibition of visitation by any close family member who is infected
12 with COVID-19.
13 (vi) Provisions for off-site visitation, allowing a close family member to visit
14 an ICF/DD resident away from the facility campus, including requirements for
15 allowing the resident to return to the facility upon certain conditions including
16 testing and isolation.
17 (vii) Provisions for determinations of dispute resolutions regarding
18 deficiencies related to visitation during a declared health emergency or related to
19 COVID-19, including provisions, subject to federal requirements, for determinations
20 to be issued by the department within thirty-five days after receipt of the request by
21 a facility for an informal dispute resolution of the deficiencies.
22 (b) The rules promulgated pursuant to this Paragraph shall be preempted by
23 any federal statute, federal regulation or guidance from a federal government agency
24 that requires an ICF/DD to restrict resident visitation in a manner that is more
25 restrictive than the rules adopted by the department pursuant to this Paragraph.
26 (c) For purposes of this Paragraph, "close family member" shall mean a
27 parent, step-parent, sibling, step-sibling, aunt, uncle, child, step-child, spouse,
28 mother-in-law, father-in-law, grandparent, grandchild, or legal representative of the
29 ICF/DD resident.
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1 Section 2. This Act shall become effective upon signature by the governor or, if not
2 signed by the governor, upon expiration of the time for bills to become law without signature
3 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
4 vetoed by the governor and subsequently approved by the legislature, this Act shall become
5 effective on the day following such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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