HLS 22RS-1009 ENGROSSED
2022 Regular Session
HOUSE BILL NO. 611
BY REPRESENTATIVE SELDERS
HEALTH CARE/FACILITIES: Provides relative to the facility need review process for
healthcare facilities and providers
1 AN ACT
2To amend and reenact R.S. 40:2116(A), relative to regulation of healthcare facilities and
3 providers by the Louisiana Department of Health; to provide relative to the facility
4 need review process for healthcare facilities and providers; to prohibit the
5 department from conducting facility need review without authorization by either of
6 the legislative committees on health and welfare to do so; and to provide for related
7 matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 40:2116(A) is hereby amended and reenacted to read as follows:
10 ยง2116. Facility need review
11 A.(1) The Louisiana Department of Health, in accordance with the
12 Administrative Procedure Act, shall establish a facility need review process
13 consistent with the regulations for licensure and for Title XIX of the Social Security
14 Act shall implement a facility need review process in accordance with the provisions
15 of this Section.
16 (2)(a) Except for facilities that are subject to the provisions of Paragraph
17 (D)(2) of this Section, no healthcare facility or provider shall be subject to facility
18 need review pursuant to this Section unless the House Committee on Health and
19 Welfare or the Senate Committee on Health and Welfare has authorized the
20 department to conduct facility need review with respect to that facility or provider.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-1009 ENGROSSED
HB NO. 611
1 (b) Authorization by a legislative committee for conducting facility need
2 review as required by Paragraph (a) of this Subsection may be by favorable vote,
3 viva voce, of a simple majority of the committee's membership at a meeting of the
4 committee.
5 * * *
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 611 Engrossed 2022 Regular Session Selders
Abstract: Requires authorization by a legislative health and welfare committee in order for
the La. Department of Health to conduct facility need review with respect to
healthcare facilities and providers.
Present law requires the La. Department of Health (LDH) to establish a facility need review
process for healthcare facilities and providers, as a condition of consideration for licensure,
consistent with state licensing regulations and federal Medicaid laws.
Proposed law revises present law to provide that LDH shall implement a facility need review
process in accordance with the requirements of present law and proposed law.
Proposed law stipulates that, with the exception of nursing homes, which are subject to a
licensure moratorium provided in present law, no healthcare facility or provider shall be
subject to facility need review pursuant to present law unless either of the legislative
committees on health and welfare has authorized the department to conduct such review with
respect to that provider.
Proposed law provides that authorization by a legislative committee for conducting facility
need review as required by proposed law may be by favorable vote of a simple majority of
the committee's membership at a meeting of the committee.
(Amends R.S. 40:2116(A))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the original bill:
1. Exempt nursing homes from the provisions of proposed law.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.