Louisiana Revised Statutes 40:2189 – If any hospice operates without a valid license issued by the department or if any organization or entity uses the term “hospice” in its name or represents itself as a “hospice” with
Terms Used In Louisiana Revised Statutes 40:2189
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:2182
- 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
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
If any hospice operates without a valid license issued by the department or if any organization or entity uses the term “hospice” in its name or represents itself as a “hospice” without being licensed as provided herein, the department may cause a civil suit for injunctive relief to be instituted in a district court in the parish in which the facility is located, including a temporary restraining order, to restrain the institution, agency, corporation, person or persons, or any other group operating the facility from continuing the violation. Nothing in this Section shall be construed to prohibit the use of the term “hospice” by nonprofit organizations qualifying under the provisions of 26 C.F.R. § 1.501(c)(3)-1, for the express purpose of providing support to licensed hospices in Louisiana.
Acts 1988, No. 941, §2; Acts 2018, No. 206, §4.