Louisiana Revised Statutes 40:1223.5 – Venue in any suit filed involving care rendered via telehealth pursuant to the provisions of this Part or telemedicine pursuant to the provisions of R.S. 37:1271(B) shall be proper a
Terms Used In Louisiana Revised Statutes 40:1223.5
- 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.
- Originating site: means the location of the patient at the time the service is furnished via a telecommunications system or when the asynchronous store and forward transfer occurs. See Louisiana Revised Statutes 40:1223.3
- Telehealth: means healthcare services, including behavioral health services, provided by a healthcare provider, as defined in this Section, to a person through the use of electronic communications, information technology, asynchronous store-and-forward transfer technology, or synchronous interaction between a provider at a distant site and a patient at an originating site, including but not limited to assessment of, diagnosis of, consultation with, treatment of, and remote monitoring of a patient, and transfer of medical data. See Louisiana Revised Statutes 40:1223.3
- Venue: The geographical location in which a case is tried.
§1223.5. Venue; telehealth and telemedicine
Venue in any suit filed involving care rendered via telehealth pursuant to the provisions of this Part or telemedicine pursuant to the provisions of La. Rev. Stat. 37:1271(B) shall be proper and instituted before the district court of the judicial district in which the patient resides or in the district court having jurisdiction in the parish where the patient was physically located during the provision of the telehealth or telemedicine service. The patient is considered physically located at the originating site as defined in La. Rev. Stat. 40:1223.3.
NOTE: §1223.5 as amended by Acts 2023, No. 322, eff. Jan. 1, 2024.
§1223.5. Venue; telehealth
Venue in any suit filed involving care rendered via telehealth pursuant to the provisions of this Part shall be proper and instituted before the district court of the judicial district in which the patient resides or in the district court having jurisdiction in the parish where the patient was physically located during the provision of the telehealth service. The patient is considered physically located at the originating site as defined in La. Rev. Stat. 40:1223.3.
Acts 2016, No. 630, §2, eff. June 17, 2016; Acts 2023, No. 322, §4, eff. Jan. 1, 2024.