SLS 202ES-205 ORIGINAL
2020 Second Extraordinary Session
SENATE BILL NO. 58
BY SENATOR JOHNS
NURSING HOMES. Provides relative to the licensing of health care providers after an
emergency or disaster. (gov sig) (Item #32)
1 AN ACT
2 To amend and reenact R.S. 40:2007.1(A)(2)(a) and (c) and the introductory paragraph of (D)
3 and to repeal R.S. 40:2007.1(A)(3), relative to licensing of health care providers after
4 an emergency or disaster; to provide for an exception for the continuation of
5 licensure for certain licensed facilities operating in an area affected by an executive
6 order or proclamation of emergency or disaster; to extend the deadline to provide
7 notice of an interruption; to extend the deadline to resume provision of services; to
8 repeal outdated provisions; to provide for an effective date; and to provide for related
9 matters.
10 Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 40:2007.1(A)(2)(a) and (c) and the introductory paragraph of (D) are
12 hereby amended and reenacted to read as follows:
13 ยง2007.1. Interruption of provision of health care services; executive order or
14 proclamation of emergency or disaster; licensing
15 A. * * *
16 * * *
17 (2) All licensed health care providers operating in an area or areas which
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 58
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1 have been affected by an executive order or proclamation of emergency or disaster
2 who seek the protection of the provisions of this Section, shall meet the following
3 criteria:
4 (a) The health care provider shall notify in writing the health standards
5 section of the Louisiana Department of Health that the provider has experienced an
6 interruption in the provision of services as a result of events that are the subject of
7 such executive order or proclamation of emergency or disaster issued in accordance
8 with R.S. 29:724. Such notice shall be received no later than December 31, 2005
9 December 31, 2020.
10 * * *
11 (c) The provider shall resume operating as a health care facility no later than
12 January 1, 2008 January 1, 2024. Extensions may be granted by the Louisiana
13 Department of Health for good cause, including, but not limited to delays in
14 construction beyond the provider's control.
15 * * *
16 D.(1) The Louisiana Department of Health shall license, as of the date
17 services commence, any outpatient off-campus facility of a licensed hospital, if the
18 need for the off-campus facility was occasioned by an event which is the subject of
19 an executive order or proclamation of emergency or disaster, issued in accordance
20 with R.S. 29:724. In order to qualify for licensure of such an off-campus facility, the
21 licensed hospital shall, no later than December 31, 2005 December 31, 2020,
22 comply with the following:
23 * * *
24 Section 2. R.S. 40:2007.1(A)(3) is hereby repealed.
25 Section 3. This Act shall become effective upon signature by the governor or, if not
26 signed by the governor, upon expiration of the time for bills to become law without signature
27 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
28 vetoed by the governor and subsequently approved by the legislature, this Act shall become
29 effective on the day following such approval.
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Brandi Cannon.
DIGEST
SB 58 Original 2020 Second Extraordinary Session Johns
Present law provides for the licensing of health care facilities by the La. Department of
Health (LDH).
Present law provides an exception for the continuation of licensure for certain licensed
facilities operating in an area affected by an executive order or proclamation of emergency
or disaster, if a facility does all of the following:
(1) Notify health standards section of LDH, in writing, no later than Dec. 31, 2005, of
an interruption of service due to the events which are the subject of the declaration.
(2) Notify LDH, in writing, of an intention to resume the provision of services.
(3) Resume provision of services by Jan. 1, 2008. Extensions may be granted for good
cause by LDH.
Proposed law retains present law but extends the deadline to notify LDH of an interruption
of services to Dec. 31, 2020. Further extends the deadline to resume provision of services
to Jan. 1, 2024.
Present law provides that LDH shall license outpatient off-campus facilities established by
licensed hospitals located in areas affected by the event which is the subject of a
proclamation of emergency or disaster, provided the licensed hospital complies with the
following no later than Dec 31, 2005:
(1) Notifies LDH of commencement of the provision of services at such off-campus
facility.
(2) Submits an attestation that to the best of the hospital's knowledge, the off-campus
facility is in compliance with regulations, including life and safety rules and public
health requirements.
Proposed law retains present law but extends the deadline to comply to Dec. 31, 2020.
Present law provides for nursing homes in parishes with a population between 65,000 and
70,000 whose facilities were destroyed during hurricanes Katrina or Rita to obtain
reinstatement of their pre-storm licenses and reinstatement of their pre-storm facility need
review approval, both for the sole purpose of rebuilding or replacing the facilities, if all of
the following conditions are met:
(1)The reinstatement request must be submitted to LDH by Dec. 31, 2008, and must
state an intent to rebuild the nursing home and resume providing nursing home
services in that parish.
(2)Operations must be resumed no later than January 1, 2010. In the case of a license
reinstatement, LDH may grant a reinstatement for good cause.
(3)All fees, costs, and cost reports due must be submitted.
Proposed law repeals present law.
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Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 40:2007.1(A)(2)(a) and (c) and (D) (intro para); repeals R.S. 40:2007.1(A)(3))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.