§ 40:1193.1 This Part shall be known and may be cited as the “Nursing Home Virtual Visitation Act”.
§ 40:1193.2 As used in this Part, the following terms have the meaning ascribed in this Section:
§ 40:1193.3 A. A resident who has the capacity to consent as determined by emergency rules promulgated by the department pursuant to this Part or his legal representative may authorize the insta
§ 40:1193.4 A.(1) At the time of a person’s admission to a nursing home, the nursing home shall notify the person of his right to have a monitoring device installed in his room, and shall offer
§ 40:1193.5 A. Consent to the authorization for installation and use of a monitoring device may be given only by the resident or his legal representative.
§ 40:1193.6 The form for the authorization of installation and use of a monitoring device shall provide for all of the following:
§ 40:1193.7 A. In any civil action against a nursing home, material obtained through the use of a monitoring device shall not be used if the device was installed or used without the knowledge of
§ 40:1193.8 A.(1) No nursing home shall deny a person or resident admission to or discharge from a nursing home, or otherwise discriminate or retaliate against a person or resident, because the
§ 40:1193.9 A. If a resident of a nursing facility conducts electronic monitoring, a sign shall be clearly and conspicuously posted at the main entrance of the nursing facility building to alert
§ 40:1193.10 Any person who views an incident which a reasonable man would consider abuse or neglect after viewing a recording made in a nursing facility shall report the incident to the facility
§ 40:1193.11 The department shall adopt all rules in accordance with the Administrative Procedure Act as are necessary for implementation of the provisions of this Part.

Terms Used In Louisiana Revised Statutes > Title 40 > Chapter 5-D > Subchapter B > Part VII - Monitoring of Nursing Home Care

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appointing authority: means any official, officer, board, commission, council, or person having the power to make appointments to positions in the municipal fire and police services. See Louisiana Revised Statutes 33:2473
  • Appointment: means the designation of a person, by due authority, to become an employee in a position, and his induction into employment in the position. See Louisiana Revised Statutes 33:2473
  • Board: means the municipal fire and police civil service board. See Louisiana Revised Statutes 33:2473
  • Classification plan: means all the classes of positions established for the classified service. See Louisiana Revised Statutes 33:2473
  • Classified service: means every appointive office and position of trust or employment in the municipal government which has as its primary duty one of the functions specifically set forth to be included in the classified service by the provisions of this Part; and excludes all elective and appointive offices and positions of trust or employment which have a primary duty specifically set forth to be included in the unclassified service by the provisions of this Part. See Louisiana Revised Statutes 33:2473
  • Demotion: means a change of an employee in the classified service from a position of one class to a position of a lower class which generally affords less responsibility and pay. See Louisiana Revised Statutes 33:2473
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:1193.2
  • Departmental service: means employment in the public services offered and performed separately by the fire and by the police departments of the municipality. See Louisiana Revised Statutes 33:2473
  • Eligible: means a person whose name is on a list. See Louisiana Revised Statutes 33:2473
  • Employee: means a person legally occupying a position. See Louisiana Revised Statutes 33:2473
  • Federal agency: means the United States government or any of its boards, departments, commissions, corporations, or agencies or any official or authorized representatives thereof. See Louisiana Revised Statutes 49:662
  • 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.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Legal representative: means a legal guardian or a legally appointed substitute decision-maker who is authorized to act on behalf of a nursing home resident. See Louisiana Revised Statutes 40:1193.2
  • list: means a reinstatement employment list, a promotional employment list, a competitive employment list, and a reemployment list. See Louisiana Revised Statutes 33:2473
  • Monitoring device: means a surveillance instrument that transmits and records activity and is not connected to the facility's computer network. See Louisiana Revised Statutes 40:1193.2
  • Nursing home: means a nursing facility or nursing home as defined in La. See Louisiana Revised Statutes 40:1193.2
  • Oath: A promise to tell the truth.
  • Ombudsman: means the administrator of the office of the state long-term care ombudsman established within the office of elderly affairs by the provisions of La. See Louisiana Revised Statutes 40:1193.2
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Political subdivision: means any parish, municipality, or any other unit of local government, including a school board and a special district, authorized by law to perform governmental functions. See Louisiana Revised Statutes 49:662
  • Position: means any office and employment in the municipal fire and police services, the duties of which call for services to be rendered by one person. See Louisiana Revised Statutes 33:2473
  • Promotion: means a change of an employee in the classified service from a position of one class to a position of a higher class which generally affords increased responsibilities and pay. See Louisiana Revised Statutes 33:2473
  • Promotional seniority: means the total cumulative employment in a class of positions of the next lower class from which a promotion is to be made. See Louisiana Revised Statutes 33:2473
  • Resident: means a person who is a resident of a nursing home. See Louisiana Revised Statutes 40:1193.2
  • Seniority: means the following:

                (a) "Departmental seniority" means the total employment computed for an employee beginning with the last date on which he was regularly and permanently appointed and has worked continuously to and including the date of computation. See Louisiana Revised Statutes 33:2473

  • State agency: means any board, commission, department, agency, or institution, including colleges and universities, in the executive, legislative, or judicial branch of the State, or any official or authorized representative of said agency. See Louisiana Revised Statutes 49:662