Sections
Part I Organization and Powers 40:2002 – 40:2024.7
Part II Licensing of Hospitals 40:2100 – 40:2115.33
Part II-A Facility Need Review and Nursing Facility Moratorium 40:2116 – 40:2116.2
Part II-B Home Health Care Providers 40:2116.31 – 40:2116.40
Part II-C End Stage Renal Disease Facilities 40:2117.1 – 40:2118
Part II-D Licensing of Home- and Community-Based Service Providers 40:2120.1 – 40:2120.7
Part II-E Licensing of Nurse Staffing Agencies 40:2120.11 – 40:2120.24
Part II-G Adult Brain Injury Facilities 40:2120.31 – 40:2120.40
Part II-H Licensing of Adult Day Health Care Providers 40:2120.41 – 40:2120.47
Part II-I State Registration of Certified Nurse Aides in Nursing Facilities and Skilled Nursing Facility Units 40:2120.51 – 40:2120.57
Part III Exceptional Children 40:2121 – 40:2127
Part IV Licensing of Ambulatory Surgical Centers 40:2131 – 40:2145
Part IV-A Licensing of Behavioral Health Services Providers 40:2151 – 40:2162
Part V Community-Based Care Facilities 40:2162.1 – 40:2162.8
Part V-A Licensing of Adult Residential Care Providers 40:2166.1 – 40:2166.10
Part VI Trauma Centers 40:2171 – 40:2173
Part VI-A Licensing of Outpatient Abortion Facilities 40:2175.1 – 40:2175.10
Part VI-D Direct Service Worker Registry 40:2179 – 40:2179.2
Part VI-E Licensing of Intermediate Care Facilities for Persons With Developmental Disabilities (Icf/Dd) 40:2180 – 40:2180.5
Part VI-F Licensing of Crisis Receiving Centers 40:2180.11 – 40:2180.16
Part VI-G Licensing of Free-Standing Birth Centers 40:2180.21 – 40:2180.28
Part VII Hospices 40:2181 – 40:2192
Part VIII Licensing of Pediatric Day Health Care Facilities 40:2193 – 40:2193.6
Part X Community-Based and Rural Health Care Program 40:2195 – 40:2195.4
Part XI-A Rural Health Clinics, Licensure 40:2197
Part XII-A Pain Management Clinics 40:2198.11 – 40:2198.13
Part XIII Provisions Common to Healthcare Facilities and Services 40:2199 – 40:2199.19
Part XIV Alzheimer’s Disease and Dementia Training 40:2200.1 – 40:2200.7.2
Part XV Surgical Safety Procedures 40:2200.11

Terms Used In Louisiana Revised Statutes > Title 40 > Chapter 11 - State Department of Health

  • Accumulated contributions: means the sum of all the amounts deducted from the compensation of a member and credited to his individual account in the annuity savings fund, together with regular interest thereon. See Louisiana Revised Statutes 11:1002
  • Acquired brain injury: means an injury to the brain that has occurred after birth and is not hereditary, congenital, or degenerative. See Louisiana Revised Statutes 40:2120.33
  • Activity: means a distinct subset of functions or services within a program. See Louisiana Revised Statutes 39:2
  • Actuarial equivalent: means a benefit of equivalent value to the accumulated contributions, annuity, or benefits, as the case may be, computed upon the basis of such interest and mortality assumptions as are adopted in accordance with the provisions of La. See Louisiana Revised Statutes 11:1002
  • Adult: means an individual eighteen years of age or older. See Louisiana Revised Statutes 40:2120.33
  • Adult day health care: means a medical model adult day health care program designed to provide services for medical, nursing, social, care management, and personal care needs to adults who are functionally impaired. See Louisiana Revised Statutes 40:2120.42
  • Adult residential care home: means a publicly or privately operated residence that provides personal assistance, lodging, and meals for compensation to two or more adults who are unrelated to the residence licensee, operator, or administrator. See Louisiana Revised Statutes 40:2166.3
  • Adult residential care provider: means a facility, agency, institution, society, corporation, partnership, company, entity, residence, person or persons, or any other group which provides adult residential care for compensation to two or more adults who are unrelated to the licensee or operator. See Louisiana Revised Statutes 40:2166.3
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agency: means a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. See Louisiana Revised Statutes 42:1102
  • Agency: means any state office, department, board, commission, institution, division, officer or other person, or functional group, heretofore existing or hereafter created, that is authorized to exercise, or that does exercise, any functions of the government of the state in the executive branch, but not any governing body or officer of any local government or subdivision of the state, or any parochial officer who exercises functions coterminous with the municipality in which he performs those functions. See Louisiana Revised Statutes 39:2
  • Agency: means any governing body employing persons in the public school system. See Louisiana Revised Statutes 11:1002
  • Agency head: means the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency. See Louisiana Revised Statutes 42:1102
  • Aggrieved person: includes any person who:

                (a) Claims to have been injured by a discriminatory housing practice; or

                (b) Believes that he will be injured by a discriminatory housing practice that is about to occur. See Louisiana Revised Statutes 51:2603

  • Allegation: something that someone says happened.
  • Amortization: Paying off a loan by regular installments.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: means an entity applying for a community-based care facility license from the Louisiana Department of Health. See Louisiana Revised Statutes 40:2162.3
  • Applicant: means a person or place of business that makes a formal application for a license, permit, certification, registration, or certificate issued pursuant to this Title. See Louisiana Revised Statutes 3:1
  • Appraisal: A determination of property value.
  • Appropriation: means an authorization by the legislature to a budget unit for a program to expend from public funds a sum of money, for purposes designated, under the procedure prescribed in this Chapter. See Louisiana Revised Statutes 39:2
  • Authorized user: means with respect to a computer, a person who owns or is authorized by the owner or lessee to use the computer. See Louisiana Revised Statutes 51:2007
  • Autonomous: refers to a separate and distinct operational entity which functions under its own administration and bylaws, either within or independently of a parent organization. See Louisiana Revised Statutes 40:2182
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Behavioral services: means services that identify maladaptive behaviors which interfere with the persons safe integration into the community and the formulation of an inclusive behavior management program to decrease identified maladaptive behaviors. See Louisiana Revised Statutes 40:2120.33
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Beneficiary: means any person in receipt of a pension, an annuity, a retirement allowance or other benefit provided by this Chapter. See Louisiana Revised Statutes 11:1002
  • Benefit rate: means the following percentages:

                (a) For new direct jobs created that pay at least eighteen dollars per hour, the benefit rate shall be four percent. See Louisiana Revised Statutes 51:2453

  • Bequest: Property gifted by will.
  • Board: means the Board of Ethics. See Louisiana Revised Statutes 42:1102
  • Board: means the Louisiana State Board of Medical Examiners. See Louisiana Revised Statutes 40:2198.11
  • Board: shall mean the Louisiana Strawberry Marketing Board. See Louisiana Revised Statutes 3:730.2
  • Board of Trustees: means the board provided to administer the retirement system. See Louisiana Revised Statutes 11:1002
  • Brain injury: means an acquired or traumatic injury to the brain. See Louisiana Revised Statutes 40:2120.33
  • Brand: means an identification mark hot or cold branded into or onto the hide of a live animal. See Louisiana Revised Statutes 3:731
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Cause computer software to be copied: means to distribute, transfer, or procure the copying of computer software or any component thereof. See Louisiana Revised Statutes 51:2007
  • Certified nurse aide: means a certified nursing assistant or certified nurse aide employed by a nursing facility or contracted by a nursing facility. See Louisiana Revised Statutes 40:2120.51
  • Certified nurse aide: means an individual who has completed a Nurse Aide Training and Competency Evaluation Program approved by the state as meeting the requirements of 42 C. See Louisiana Revised Statutes 40:2120.13
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Client: means any person who has been accepted for treatment or services, including rehabilitation services, furnished by a facility licensed pursuant to this Part. See Louisiana Revised Statutes 40:2162.3
  • Client: means an individual receiving care from an adult brain injury facility and shall include only individuals who are medically stable and do not require an IV, feeding tube, or other artificial or mechanical supports for life sustaining processes. See Louisiana Revised Statutes 40:2120.33
  • Cognitive rehabilitation: means a systematic, functionally oriented service of therapeutic cognitive activities based on an assessment and an understanding of the behavior of a client. See Louisiana Revised Statutes 40:2120.33
  • Commission: means the Livestock Brand Commission. See Louisiana Revised Statutes 3:731
  • Commissioner: shall mean the commissioner of agriculture and forestry. See Louisiana Revised Statutes 3:730.2
  • Commissioner: means the commissioner of agriculture. See Louisiana Revised Statutes 3:731
  • Communications provider: means an entity providing communications networks or services that enable consumers to access the Internet or destinations on the public switched telephone network via a computer modem. See Louisiana Revised Statutes 51:2007
  • Community integration: means the participation in the mainstream of community life and maintaining social relationships with family members, peers, and others in the community who do not have brain injuries. See Louisiana Revised Statutes 40:2120.33
  • Community-based care facility: means a facility where five or more adults with a primary diagnosis of mental illness who are not related to the operator or administrator and who do not require care above intermediate-level nursing care reside and receive care, treatment, or services that are above the level of room and board and include no more than three hours of nursing care per week per resident. See Louisiana Revised Statutes 40:2162.3
  • Community-based care services: means services provided in a community-based care facility licensed pursuant to the provisions of this Part. See Louisiana Revised Statutes 40:2162.3
  • Compensation: means any thing of economic value which is paid, loaned, granted, given, donated, or transferred or to be paid, loaned, granted, given, donated, or transferred for or in consideration of personal services to any person. See Louisiana Revised Statutes 42:1102
  • Computer software: means a sequence of instructions written in any programming language that is executed on a computer. See Louisiana Revised Statutes 51:2007
  • Computer virus: means a computer program or other set of instructions that is designed to degrade the performance of or disable a computer or computer network and is designed to have the ability to replicate itself on other computers or computer networks without the authorization of the owners of those computers or computer networks. See Louisiana Revised Statutes 51:2007
  • Conciliation: means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent, and the attorney general or his designee. See Louisiana Revised Statutes 51:2603
  • Consumer: means :

                (a) The purchaser, other than for purposes of resale, of a new motor vehicle normally used for personal, family, or household purposes and subject to a manufacturer's express warranty. See Louisiana Revised Statutes 51:1941

  • Creditable service: means "prior service" plus "in service" plus "membership service" for which credit is allowable as provided in Part III of this Chapter. See Louisiana Revised Statutes 11:1002
  • Crisis receiving centers: means an agency, business, institution, society, corporation, person or persons, or any other group, licensed by the Louisiana Department of Health to provide crisis identification, intervention, and stabilization services for people in behavioral crisis. See Louisiana Revised Statutes 40:2180.12
  • Cyber incident: means the compromise of the security, confidentiality, or integrity of computerized data due to the exfiltration, modification, or deletion that results in the unauthorized acquisition of and access to information maintained by a public body. See Louisiana Revised Statutes 51:2112
  • Cyber ransom or ransomware: means a type of malware that encrypts or locks valuable digital files and demands a ransom to release the files. See Louisiana Revised Statutes 51:2112
  • Damage: means any material impairment to the integrity, functionality, or availability of data, software, a computer, a system, or information. See Louisiana Revised Statutes 51:2007
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealer: means a person authorized by the manufacturer and actively engaged in the business of buying, selling, or exchanging new automobiles, new personal watercraft, or new all-terrain vehicles at retail and who has an established place of business. See Louisiana Revised Statutes 51:1941
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:2120.42
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:2120.51
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:2162.3
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:2166.3
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:2171
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:2180
  • Department: means the Louisiana Louisiana Department of Health. See Louisiana Revised Statutes 40:2180.12
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:2182
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:2198.11
  • Department: shall mean the Department of Agriculture and Forestry. See Louisiana Revised Statutes 3:730.2
  • Department: means the Louisiana Department of Health and any healthcare professional licensing board transferred to and placed within the department pursuant to La. See Louisiana Revised Statutes 40:2199.12
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:2102
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:2117.1
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:2120.2
  • Department: means the Department of Agriculture and Forestry. See Louisiana Revised Statutes 3:1
  • Department: means the Louisiana Department of Health or any office or agency thereof designated by the secretary of the department to administer the provisions of this Part. See Louisiana Revised Statutes 40:2120.13
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:2120.33
  • Dependent: A person dependent for support upon another.
  • Dialysis: means a process by which dissolved substances are removed from an individual's body by diffusion, osmosis, and convection (ultrafiltration) from one fluid compartment to another across a semipermeable membrane. See Louisiana Revised Statutes 40:2117.1
  • Director: means the director of the commission. See Louisiana Revised Statutes 3:731
  • Disability: means , with respect to a person:

                (i) A physical or mental impairment which substantially limits one or more of such person's major life activities. See Louisiana Revised Statutes 51:2603

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Discriminatory housing practice: means an act that is unlawful pursuant to La. See Louisiana Revised Statutes 51:2603
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • district: means an economic development district established by a local governmental subdivision pursuant to La. See Louisiana Revised Statutes 33:9038.31
  • District: means the Jefferson Parish Communication District as created by  Act No. See Louisiana Revised Statutes 33:9125
  • Docket: A log containing brief entries of court proceedings.
  • Donor: The person who makes a gift.
  • Dwelling: means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon at any such building, structure, or portion thereof. See Louisiana Revised Statutes 51:2603
  • Educational institution: means a public or private educational institution or a separate school or department of a public or private educational institution and includes but is not limited to the following:

    (a)  A university, college, or junior college. See Louisiana Revised Statutes 51:1952

  • Elected official: means any person holding an office in a governmental entity which is filled by the vote of the appropriate electorate. See Louisiana Revised Statutes 42:1102
  • Electronic communications device: means any device that uses electronic signals to create, transmit, and receive information, including a computer, telephone, personal digital assistant, or other similar device. See Louisiana Revised Statutes 51:1952
  • Electronic mail: means a message, file, or other information that is transmitted through a local, regional, or global computer network, regardless of whether the message, file, or other information is viewed, stored for retrieval at a later time, printed, or filtered by a computer program that is designed or intended to filter or screen those items. See Louisiana Revised Statutes 51:2021
  • Employee: means any person legally occupying a position as a school bus driver who actually renders a service by driving a school bus during the full time of his employment, a school janitor, a school custodian, a school maintenance employee, school bus aide, monitor or attendant, or other regular school employee who actually works on a school bus helping with the transportation of school children, and who is a legal employee of a parish or city school board of the state of Louisiana, and shall include the employees of this system. See Louisiana Revised Statutes 11:1002
  • Employer: shall mean a legal person who executes a contract with the department pursuant to the provisions of this Chapter and who offers, or will offer within ninety days of the effective date of qualifying for the incentive rebates pursuant to the provisions of this Chapter, a basic health benefits plan to the individuals it employs in new direct jobs in this state which shall be determined by the Department of Economic Development to be in compliance with federally mandated healthcare requirements or, if no federally mandated healthcare requirements exist, shall be determined to have a value of at least one dollar and twenty-five cents per hour. See Louisiana Revised Statutes 51:2453
  • Employer: means the state of Louisiana or any parish or city school board from which any employee receives his compensation. See Louisiana Revised Statutes 11:1002
  • Employer: means a person, including a unit of state or local government, engaged in a business, industry, profession, trade, or other enterprise in this state and includes an agent, representative, or designee of the employer. See Louisiana Revised Statutes 51:1952
  • En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
  • End stage renal disease: means that stage of renal impairment that appears irreversible and permanent and that requires a regular course of dialysis or kidney transplantation to maintain life. See Louisiana Revised Statutes 40:2117.1
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • ESRD facility: means a facility that provides dialysis treatment or dialysis training to individuals diagnosed with end stage renal disease. See Louisiana Revised Statutes 40:2117.1
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Exchange access facilities: means all lines, or their equivalent wireless service, provided for by the service supplier for the provision of local exchange service. See Louisiana Revised Statutes 33:9125
  • Executor: A male person named in a will to carry out the decedent
  • Expenses: means amounts represented by cash paid out or by obligations to pay cash or partly by each for maintaining and operating government services. See Louisiana Revised Statutes 39:2
  • Familial status: means one or more individuals, who have not attained the age of eighteen years, being domiciled with:

                (i) A parent or another person having legal custody of such individual or individuals; or

                (ii) The designee of such parent or other person having such custody, with the written permission of such parent or other person. See Louisiana Revised Statutes 51:2603

  • Fiduciary: A trustee, executor, or administrator.
  • Financial viability: means the ability of the licensee to maintain capital, lines of credit, insurance, and other financial resources at levels deemed sufficient by the Louisiana Department of Health for operation of a community-based care facility. See Louisiana Revised Statutes 40:2162.3
  • Financial viability: means the provider or facility seeking licensure is able to provide at least one of the following:

                (a) Verification of sufficient assets equal to one hundred thousand dollars or the cost of three months of operation, whichever is less. See Louisiana Revised Statutes 40:2166.3

  • Financial viability: means that the provider seeking a home- and community-based service provider license is able to provide verification and maintenance of:

                (a) A line of credit issued from a federally insured, licensed lending institution in the amount of at least fifty thousand dollars. See Louisiana Revised Statutes 40:2120.2

  • First trimester: means the time period up to fourteen weeks after the first day of the last menstrual period. See Louisiana Revised Statutes 40:2175.3
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • Functional limitations: means actual behaviors or mental or physical disabilities exhibited by adults with brain injuries or conditions presented by their environments, or both, that shall be modified or minimized in order for clients to fulfill their potential or maximize their functioning. See Louisiana Revised Statutes 40:2120.33
  • Functionally impaired adults: means persons seventeen years of age or older who are physically or mentally impaired to a degree that they are in need of supervision. See Louisiana Revised Statutes 40:2120.42
  • functionally impaired adults: shall mean individuals aged seventeen years of age and older who are physically, mentally, or socially impaired to a degree that supervision is necessary. See Louisiana Revised Statutes 40:2120.2
  • Fund: means an independent fiscal and accounting entity with a self-balancing set of accounts recording cash or other resources together with all related liabilities, obligations, reserves, and equities which are segregated for the purpose of carrying on specific activities or attaining certain objectives in accordance with regulations, restrictions, and limitations. See Louisiana Revised Statutes 39:2
  • Fund the district: means pay the expenses necessary to carry out all purposes of the district, including but not limited to identification of all streets, roads, highways, and dwelling places in the district and to provide for other communication enhancements for public safety agencies to decrease response time and improve effectiveness. See Louisiana Revised Statutes 33:9125
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governmental entity: means the state or any political subdivision which employs the public employee or employed the former public employee or to which the elected official is elected, as the case may be. See Louisiana Revised Statutes 42:1102
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Gross payroll: means wages for the new direct jobs as defined herein upon which the particular benefit rate is calculated. See Louisiana Revised Statutes 51:2453
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Healthcare facility: means any person, partnership, corporation, unincorporated association, or other legal entity licensed pursuant to La. See Louisiana Revised Statutes 40:2120.13
  • his agency: when used in reference to the agency of a public servant shall mean:

                (i) For public servants in the twenty principal departments of the executive branch of state government, the office in which such public servant carries out his primary responsibilities; except that in the case of the secretary, deputy secretary, or undersecretary of any such department and officials carrying out the responsibilities of such department officers it shall mean the department in which he serves; and except that in the case of public servants who are members or employees of a board or commission or who provide staff assistance to a board or commission, it shall mean the board or commission. See Louisiana Revised Statutes 42:1102

  • Home- and community-based service provider: means an agency, institution, society, corporation, person or persons, or any other individual or group that provides one or more home- and community-based services as defined in this Section. See Louisiana Revised Statutes 40:2120.2
  • Home- and community-based services: means one or more of the following services:

                (a) Personal care attendant services, which are defined as services required by a person with a disability in order to become physically independent or to remain in or return to the community. See Louisiana Revised Statutes 40:2120.2

  • Hospice: means an autonomous, centrally administered, medically directed program providing a continuum of home, outpatient, and homelike inpatient care for the terminally ill patient and his family. See Louisiana Revised Statutes 40:2182
  • Hospital: means any institution, place, building, or agency, public or private, whether for profit or not, with facilities for the diagnosis, treatment, or care of persons who are suffering from illness, injury, infirmity, or deformity or other physical condition for which obstetrical, medical, or surgical services would be available and appropriate and which operates or is affiliated with facilities for the overnight care, observation, or recovery of those persons. See Louisiana Revised Statutes 40:2102
  • Identifying information: means information that alone or in conjunction with other information identifies an individual, including an individual's:

    (a)  Name, social security number, date of birth, and government-issued identification number. See Louisiana Revised Statutes 51:2021

  • Impairment: means any loss or abnormality of psychological, cognitive, physiological, or anatomical structure or functioning. See Louisiana Revised Statutes 40:2120.33
  • In service: means service rendered after June 30, 1947, for which retirement credit has not been received and for which credit is allowable under Part III of this Chapter. See Louisiana Revised Statutes 11:1002
  • Infirm elderly: means an individual sixty years of age or older who requires continuous care and supervision due to the infirmities of old age. See Louisiana Revised Statutes 40:2120.2
  • Interdisciplinary team: includes representatives from all of the core services as evidenced by documentation, planning, and team meetings. See Louisiana Revised Statutes 40:2182
  • Internet: means the global information system that is logically linked together by a globally unique address space based on the Internet Protocol (IP), or its subsequent extensions, and that is able to support communications using the Transmission Control Protocol/Internet Protocol (TCP/IP) suite, or its subsequent extensions, or other IP-compatible protocols, and that provides, uses, or makes accessible, either publicly or privately, high-level services layered on the communications and related infrastructure described in this Chapter. See Louisiana Revised Statutes 51:2007
  • Internet domain name: refers to a globally unique, hierarchical reference to an Internet host or service, assigned through a centralized Internet-naming authority and composed of a series of character strings separated by periods with the right-most string specifying the top of the hierarchy. See Louisiana Revised Statutes 51:2021
  • Issuer: means the local governmental subdivision, economic development district, industrial development board of the municipality or parish authorized and created pursuant to Chapter 7 of Title 51 of the Louisiana Revised Statutes of 1950, a public trust with the municipality or parish as the beneficiary thereof as provided in Chapter 2-A of Code Title II of Code Book III of Title 9 of the Louisiana Revised Statutes of 1950, as authorized in this Part, the Walnut Street Special District, any Tax Increment Development Corporation activated in a municipality with a population of not less than three thousand three hundred and not more than three thousand three hundred ninety-five persons according to the most recent federal decennial census for the purposes provided for in La. See Louisiana Revised Statutes 33:9038.31
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Liability: means a debt arising out of a transaction where goods or services have been received or rendered which must be liquidated, renewed, or refunded at some future date. See Louisiana Revised Statutes 39:2
  • License: means a license issued by the Louisiana Department of Health to a community-based care facility. See Louisiana Revised Statutes 40:2162.3
  • License: means a license issued by the department to an adult residential care provider. See Louisiana Revised Statutes 40:2166.3
  • Licensee: means the person, partnership, corporation, association, organization, or professional entity on whom rests the ultimate responsibility and authority for the conduct of the outpatient abortion facility. See Louisiana Revised Statutes 40:2175.3
  • Licensee: means any nursing agency properly licensed in accordance with this Part. See Louisiana Revised Statutes 40:2120.13
  • Licensing agency: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:2175.3
  • Licensing board: means any board or commission that has the duty to license a regulated entity as defined in this Section. See Louisiana Revised Statutes 40:2199.12
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local governmental subdivision: means any municipality or parish or any municipality, parish, local industrial board, a local public trust authorized pursuant to La. See Louisiana Revised Statutes 33:9038.31
  • Louisiana Fusion Center: means the Department of Public Safety and Corrections, office of state police, Louisiana State Analytical and Fusion Exchange. See Louisiana Revised Statutes 51:2112
  • Managed security service: means a network and system security service that has been outsourced to a third-party service provider pursuant to a written agreement specifying the service and in which the service provider has assumed operational control of the monitoring and management of the public body's cybersecurity. See Louisiana Revised Statutes 51:2112
  • Managed security service provider: means an individual, partnership, corporation, incorporated or unincorporated association, joint stock company, reciprocal, syndicated, or any similar entity or combination of entities that provides a managed security service for a public body. See Louisiana Revised Statutes 51:2112
  • Managed service provider: means an individual, partnership, corporation, incorporated or unincorporated association, joint stock company, reciprocal, syndicated, or any similar entity or combination of entities that manages a public body's information technology infrastructure or end-user systems. See Louisiana Revised Statutes 51:2112
  • Mandatory reporter to law enforcement: means any abortion facility staff member or any abortion facility professional. See Louisiana Revised Statutes 40:2175.3
  • Manufacturer: means any person, firm, association, corporation, or trust, resident or nonresident, who manufactures or assembles new and unused motor vehicles. See Louisiana Revised Statutes 51:1941
  • Mark: means a distinct marking or device placed on or in a live animal sufficient to distinguish the animal readily if it becomes intermixed with other animals, including a tattoo or an electronic device. See Louisiana Revised Statutes 3:731
  • Medical board: shall mean the State Medical Disability Board. See Louisiana Revised Statutes 11:1002
  • Medical staffing agency: means any agency, institution, society, corporation, person or persons, or any other group that provides, for profit, the services of certified nurse aides to a nursing facility. See Louisiana Revised Statutes 40:2120.51
  • Medication management program: means a systematic, functionally oriented program formulated in consultation with the client's primary provider, and implemented by staff trained by a nursing director. See Louisiana Revised Statutes 40:2120.33
  • Member: means any school employee, as defined in Paragraph (13) of this Section, as provided in Part II of this Chapter. See Louisiana Revised Statutes 11:1002
  • Membership service: means service as an employee rendered while a member of the retirement system. See Louisiana Revised Statutes 11:1002
  • Motor vehicle: means a passenger motor vehicle or a passenger and commercial motor vehicle as defined in La. See Louisiana Revised Statutes 51:1941
  • New direct job: means employment in this state of an employee working at least the average hours per week provided for in La. See Louisiana Revised Statutes 51:2453
  • Nonconformity: means any specific or generic defect or malfunction, or any defect or condition which substantially impairs the use, market value or both of a motor vehicle. See Louisiana Revised Statutes 51:1941
  • Nonrecurring revenue: means revenue received by the state from a source identified by the Revenue Estimating Conference as being of a nonrecurring nature. See Louisiana Revised Statutes 39:2
  • Nurse: means a registered nurse as defined in La. See Louisiana Revised Statutes 40:2120.13
  • Nurse staffing agency: means any person, partnership, corporation, unincorporated association, or other legal entity that employs, assigns, or refers nurses or certified nurse aides to render healthcare services in a healthcare facility for a fee. See Louisiana Revised Statutes 40:2120.13
  • Nursing director: means a person who meets the legal requirement of a registered nurse in Louisiana. See Louisiana Revised Statutes 40:2120.33
  • Nursing facility: means a nursing home licensed by the Louisiana Department of Health pursuant to La. See Louisiana Revised Statutes 40:2120.51
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Official forecast: means the most recently adopted estimate of money available for appropriation by the Revenue Estimating Conference as provided in La. See Louisiana Revised Statutes 39:2
  • Official journal of the district: means the official journal of the local governmental subdivision creating the economic development district. See Louisiana Revised Statutes 33:9038.31
  • Outpatient abortion facility: means any outpatient facility, other than a hospital as defined in La. See Louisiana Revised Statutes 40:2175.3
  • Pain management clinic: means a publicly or privately owned facility which primarily engages in the treatment of pain by prescribing narcotic medications. See Louisiana Revised Statutes 40:2198.11
  • Participate: means to take part in or to have or share responsibility for action of a governmental entity or a proceeding, personally, as a public servant of the governmental entity, through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or the failure to act or perform a duty. See Louisiana Revised Statutes 42:1102
  • Person: means an individual or legal entity other than a governmental entity, or an agency thereof. See Louisiana Revised Statutes 42:1102
  • Person: includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, and fiduciaries. See Louisiana Revised Statutes 51:2603
  • Person: means an individual, partnership, firm, company, association, corporation, limited liability company, and any other legal entity or group of persons. See Louisiana Revised Statutes 3:730.2
  • Person: means an individual, firm, partnership, corporation, or other association. See Louisiana Revised Statutes 3:731
  • Person: means the state, and any political subdivision or municipal corporation thereof, an individual, firm, partnership, corporation, company, association or joint stock association, or the legal successor thereof. See Louisiana Revised Statutes 40:2102
  • Person: means an individual or any legal or commercial entity, including a corporation, business trust, partnership, limited liability company, association, or joint venture. See Louisiana Revised Statutes 3:1
  • person with a disability: shall mean a person with a physical, mental, or medical condition or an adult who requires assistance with activities of daily living. See Louisiana Revised Statutes 40:2120.2
  • Personal care: means services and supports including but not limited to:

                (a) Bathing, hair care, skin care, shaving, nail care, oral hygiene, overall hygiene, and activities of daily living. See Louisiana Revised Statutes 40:2120.33

  • Personal online account: means an online account that the employee, applicant for employment, student, or prospective student uses exclusively for personal communications unrelated to any business purpose of the employer or educational institution. See Louisiana Revised Statutes 51:1952
  • Personally identifiable information: means any of the following:

    (a)  First name or first initial in combination with last name. See Louisiana Revised Statutes 51:2007

  • Physician: means an individual who possesses a current, unrestricted license to practice medicine in Louisiana, who during the course of his practice has not been denied the privilege of prescribing, dispensing, administering, supplying, or selling any controlled dangerous substance and who has not during the course of his practice had board action taken against his medical license as a result of dependancy on drugs or alcohol. See Louisiana Revised Statutes 40:2198.11
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Political subdivision: means any unit of local government, including a special district, authorized by law to perform governmental functions. See Louisiana Revised Statutes 42:1102
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Primary provider: means a provider board certified in his specialty who currently holds a valid license in Louisiana. See Louisiana Revised Statutes 40:2120.33
  • Prior service: means service rendered prior to July 1, 1947, for which credit is allowable under Part III of this Chapter. See Louisiana Revised Statutes 11:1002
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Procure the copying: means to pay or provide other consideration to or induce another person to cause software to be copied onto a computer. See Louisiana Revised Statutes 51:2007
  • Program: means a grouping of activities directed toward the accomplishment of a clearly defined objective or set of objectives. See Louisiana Revised Statutes 39:2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Provider: means a managed service provider or managed security service provider that requires remote management or operational control of a public body's network or end user systems. See Louisiana Revised Statutes 51:2112
  • provider: means any place owned or operated for profit or nonprofit by a person, society, agency, corporation, institution, or any other group wherein two or more functionally impaired adults who are not related to the owner or operator of such agency are provided with adult day health care services, as defined in this Section. See Louisiana Revised Statutes 40:2120.42
  • Public body: means any branch, department, office, agency, board, commission, district, governing authority, political subdivision, or any other instrumentality of the state, parish, or municipal government, including a public or quasi-public nonprofit corporation designated as an entity to perform a governmental or proprietary function. See Louisiana Revised Statutes 51:2112
  • Public employee: means anyone, whether compensated or not, who is:

                (i) An administrative officer or official of a governmental entity who is not filling an elective office. See Louisiana Revised Statutes 42:1102

  • Public safety agency: means law enforcement, fire, emergency medical services, and emergency preparedness services as designated by the parish of Jefferson. See Louisiana Revised Statutes 33:9125
  • Public servant: means a public employee or an elected official. See Louisiana Revised Statutes 42:1102
  • Quality: means degree or grade of excellence. See Louisiana Revised Statutes 39:2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Regulated entity: means any licensed healthcare facility listed in La. See Louisiana Revised Statutes 40:2199.12
  • Rehabilitation: means the process of providing those comprehensive services deemed appropriate to the needs of a client in a coordinated manner in a program designed to achieve functional objectives of improved health, welfare, maximum physical, cognitive, social, psychological, and community functioning. See Louisiana Revised Statutes 40:2120.33
  • Rehabilitative treatment environment: means a rehabilitation setting that provides for all of the following:

                (a) A provision of a range of choices, with personal preference, self-determination, and dignity of risk receiving full respect and consideration. See Louisiana Revised Statutes 40:2120.33

  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Respondent: means the person or other entity accused in a complaint of a discriminatory housing practice, or, any other person or entity identified in the course of an investigation and notified that they are a respondent who shall be joined in the complaint. See Louisiana Revised Statutes 51:2603
  • Retirement: means withdrawal from active service with a retirement allowance granted under the provisions of this Chapter. See Louisiana Revised Statutes 11:1002
  • Retirement allowance: means the sum of annuity and the pensions or any optional benefit payable in lieu thereof. See Louisiana Revised Statutes 11:1002
  • Retirement system: means the Louisiana School Employees Retirement System established and described in La. See Louisiana Revised Statutes 11:1002
  • Second trimester: means the time period from fourteen to twenty-three weeks after the first day of the last menstrual period. See Louisiana Revised Statutes 40:2175.3
  • Secretary: means the secretary of the Louisiana Department of Health or his designee. See Louisiana Revised Statutes 40:2120.51
  • Secretary: means the secretary of the Louisiana Department of Health. See Louisiana Revised Statutes 40:2175.3
  • Secretary: means the secretary of the Louisiana Department of Health. See Louisiana Revised Statutes 40:2102
  • Secretary: means the secretary of the Louisiana Department of Health or his designee. See Louisiana Revised Statutes 40:2120.13
  • Service: means the performance of work, duties, or responsibilities, or the leasing, rental, or sale of movable or immovable property. See Louisiana Revised Statutes 42:1102
  • Service of process: The service of writs or summonses to the appropriate party.
  • Service supplier: means any person providing any of the following:

    (a)  A landline exchange telephone service. See Louisiana Revised Statutes 33:9125

  • Spouse: means a person who is legally married to a member of this system and shall not include a person who is legally separated from a member of this system by a judgment of separation. See Louisiana Revised Statutes 11:1002
  • Statute: A law passed by a legislature.
  • Strawberries: means all strawberries of the grades as recommended by the United States Department of Agriculture and the State Market Commission. See Louisiana Revised Statutes 3:730.2
  • Summons: Another word for subpoena used by the criminal justice system.
  • Support: means activities, materials, equipment, or other services designed and implemented to assist the client with a brain injury. See Louisiana Revised Statutes 40:2120.33
  • Surplus: means the excess for any fiscal year of the actual monies received and any monies or balances carried forward over the actual expenditures paid by warrant or transfer for any fund at the close of the fiscal year as such are reported by the office of statewide reporting within the division of administration. See Louisiana Revised Statutes 39:2
  • Tariff rate: means the rate or rates billed by a service supplier as stated in the landline exchange telephone service supplier's tariffs and approved by the Public Service Commission, which represent the service supplier's recurring charges for landline exchange access facilities, exclusive of all taxes, fees, licenses, or similar charges whatsoever. See Louisiana Revised Statutes 33:9125
  • Terminally ill: refers to a medical prognosis of limited expected survival, of approximately six months or less at the time of referral to a hospice, of an individual who is experiencing an illness for which therapeutic strategies directed toward cure and control of the disease alone are no longer appropriate. See Louisiana Revised Statutes 40:2182
  • Therapeutic recreational services: means services that identify leisure activities and assistance in modifying and adapting identified leisure activities to allow safe participation by the client as a means to improve quality of life and aid in integration into the community. See Louisiana Revised Statutes 40:2120.33
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transplantation services: means a process by which a kidney is excised from a live or cadaveric donor and is implanted in an end stage renal disease patient, and supportive care is furnished to the living donor and to the recipient following implantation. See Louisiana Revised Statutes 40:2117.1
  • Trauma center: means a health care facility which is capable of treating one or more types of potentially seriously injured persons and which has been certified as a trauma center by the Louisiana Department of Health. See Louisiana Revised Statutes 40:2171
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Vocational services: means services provided directly or through cooperating agencies to a client in accordance with his individualized plan and designed to improve or enhance skills and behaviors necessary for successful placement in a volunteer or work setting. See Louisiana Revised Statutes 40:2120.33
  • Wages: means all remuneration for services from whatever source, including commissions and bonuses and the cash value of all remuneration in any medium other than cash, and dismissal payments which the employer is required by law or contract to make. See Louisiana Revised Statutes 51:2453
  • Web page: means a location that has a single uniform resource locator (URL) with respect to the World Wide Web or another location that can be accessed on the Internet. See Louisiana Revised Statutes 51:2021
  • Workplace violence: means violent acts, including battery or the intentional placing of another person in reasonable apprehension of sustaining battery, directed toward persons at work or on duty with their employment. See Louisiana Revised Statutes 40:2199.12