HLS 23RS-576 ENGROSSED
2023 Regular Session
HOUSE BILL NO. 123
BY REPRESENTATIVE STAGNI
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
NURSING HOMES: Provides relative to nursing home requirements and standards for
emergency preparedness plans
1 AN ACT
2To amend and reenact R.S. 40:2009.25(C)(9), (D)(9), and (E)(10), relative to nursing homes
3 licensed by the Louisiana Department of Health; to provide requirements and
4 standards for nursing home emergency preparedness plans; to authorize the
5 Louisiana Department of Health to take certain actions relative to nursing homes;
6 and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 40:2009.25(C)(9), (D)(9), and (E)(10) are hereby amended and
9reenacted to read as follows:
10 ยง2009.25. Emergency preparedness plans for nursing homes; requirements; Nursing
11 Home Emergency Preparedness Review Committee; rules and regulations
12 * * *
13 C.
14 * * *
15 (9) Upon receipt of a nursing home's updated and revised emergency
16 preparedness plan, the department shall confirm that all required changes,
17 amendments, or revisions have been incorporated into the updated and revised
18 emergency preparedness plan, and shall approve the emergency preparedness plan
19 and issue an approval letter to the nursing home. If the required changes,
20 amendments, or revisions have not been incorporated, the department shall reject the
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-576 ENGROSSED
HB NO. 123
1 emergency preparedness plan and issue a letter of rejection to the nursing home. The
2 department shall not issue a license to or renew may revoke or deny renewal of a
3 license of to a nursing home that has received a letter of rejection of its emergency
4 preparedness plan.
5 * * *
6 D.
7 * * *
8 (9) Upon receipt of a nursing home's updated and revised emergency
9 preparedness plan, the department shall confirm that all required changes,
10 amendments, or revisions have been incorporated into the updated and revised
11 emergency preparedness plan, and shall approve the emergency preparedness plan
12 and issue an approval letter to the nursing home. If the required changes,
13 amendments, or revisions have not been incorporated, the department shall reject the
14 emergency preparedness plan and issue a letter of rejection to the nursing home. The
15 department shall not issue a license to or renew may revoke or deny renewal of a
16 license of to a nursing home that has received a letter of rejection of its emergency
17 preparedness plan.
18 * * *
19 E.
20 * * *
21 (10) Upon receipt of a nursing home's updated and revised emergency
22 preparedness plan, the department shall confirm that all required changes,
23 amendments, or revisions have been incorporated into the updated and revised
24 emergency preparedness plan, and shall approve the emergency preparedness plan
25 and issue an approval letter to the nursing home. If the required changes,
26 amendments, or revisions have not been incorporated, the department shall reject the
27 emergency preparedness plan and issue a letter of rejection to the nursing home. The
28 department shall issue the approval letter or rejection letter required by this
29 Paragraph on or before May fifteenth. The department shall not issue a license to or
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-576 ENGROSSED
HB NO. 123
1 renew a license of a nursing home that has received a letter of rejection of its
2 emergency preparedness plan. The department shall not issue a license to or renew
3 may revoke or deny renewal of a license of to a nursing home that has received a
4 letter of rejection of its emergency preparedness plan.
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 123 Engrossed 2023 Regular Session Stagni
Abstract: Permits the Louisiana Department of Health (LDH) to revoke or deny renewal
of a license to a nursing home that has failed to correct a rejected emergency
preparedness plan.
Present law requires nursing homes to submit an emergency preparedness plan to LDH for
approval. If LDH rejects the plan, it sends a rejection letter and provides an opportunity for
the nursing home to amend the plan. LDH must not issue or renew a license of a nursing
home that has received a letter of rejection.
Proposed law changes present law by allowing LDH to exercise discretion to revoke or deny
renewal of a license to a nursing home if the nursing home fails to incorporate required
changes into an emergency preparedness plan that was previously rejected by LDH.
(Amends R.S. 40:2009.25(C)(9), (D)(9), and (E)(10))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the original bill:
1. Make technical corrections.
2. Repeal present law that provides that LDH shall not issue a license to or renew
a license of a nursing home that has received a letter of rejection of its
emergency preparedness plan.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.