§ 40:2002 University Medical Center
§ 40:2002.1 Lallie Kemp Regional Medical Center
§ 40:2002.2 Washington-St. Tammany Regional Medical Center
§ 40:2002.3 Huey P. Long Medical Center
§ 40:2002.4 Villa Feliciana Medical Complex
§ 40:2002.5 Charity Hospital and Medical Center of Louisiana at New Orleans
§ 40:2002.6 Earl K. Long Medical Center
§ 40:2002.7 E. A. Conway Medical Center
§ 40:2004.2 The Louisiana Department of Health is authorized to enter into a contract with the city of Pineville for sewerage services to be furnished by the city of Pineville to the Central Louisiana
§ 40:2005 Hospital visitation
§ 40:2005.1 A. The legislature declares that the purpose of this Section is to protect the religious liberty of each patient or resident and to protect inpatient health care facilities from cost
§ 40:2006 A.(1) Any person, partnership, corporation, unincorporated association, or other legal entity, currently operating or planning to operate any of the facilities listed in this Subsect
§ 40:2006.1 A. As used in this Section, the terms below shall mean the following:
§ 40:2006.2 A. The Louisiana Department of Health, referred to hereafter in this Section as the “department”, is hereby authorized to establish an expedited licensing process for healthcare faci
§ 40:2007 A. For purposes of this Section:
§ 40:2007.1 A.(1) The provisions of this Section shall apply to any person, partnership, corporation, unincorporated association, or other legal entity who, at the time of an executive order or
§ 40:2008 A. For purposes of this Section:
§ 40:2008.4 A. The state Department of Health shall be the sole agency in the state of Louisiana for carrying out the purposes of any federal law dealing with the treatment of alcoholism.
§ 40:2008.10 A.(1)(a) The provisions of this Section shall apply to the following persons:
§ 40:2009 A. Any facility participating in the Medicaid Residential Treatment Option, providing residential supports and services, shall be accredited by the Joint Commission on the Accreditation of
§ 40:2009.2 For the purposes of R.S. 40:2009.1 through 2009.19, unless the context otherwise requires:
§ 40:2009.3 Licensing of nursing homes; applications; fees; disposition of fees
§ 40:2009.4 A. The department shall prescribe and publish minimum standards in relation to:
§ 40:2009.4.1 A.(1) By January 1, 2008, all nursing homes shall be protected throughout by a supervised automatic fire sprinkler system. By December 31, 2006, completed sprinkler plans for these s
§ 40:2009.5 Investigation; issuance of license
§ 40:2009.6 A. An application for a license may be denied for any of the following reasons:
§ 40:2009.7 A. The secretary of the Louisiana Department of Health may deny an application for a license or refuse to renew a license, or may revoke an outstanding license, when he finds after investi
§ 40:2009.8 A. Every home conducted by a licensee hereunder, and any premises proposed to be conducted by an applicant for a license, shall be open at all reasonable times to inspection by the departm
§ 40:2009.9 Term of license; renewal fee; display; transfer
§ 40:2009.10 Department reports relating to recipients of public assistance
§ 40:2009.10.1 A. Except as otherwise provided in Subsection C of this Section, if the Louisiana Department of Health identifies an immediate jeopardy violation during the course and scope of a sur
§ 40:2009.11 A. The opening or operation of a nursing home as herein defined without a license therefor shall be a misdemeanor, punishable upon conviction by a fine of not less than one thousand
§ 40:2009.12 It shall be unlawful for anyone operating a nursing home, or any employee thereof, to administer any sleeping potion or sedative or any hypodermic injections without a doctor’s presc
§ 40:2009.13 Health care provider complaints; procedure; immunity
§ 40:2009.14 Procedure for investigation by the office; confidentiality of reports
§ 40:2009.15 A. The report of the investigation by the department shall state whether any state licensing law, or any minimum standard, rule, regulation, or plan of correction of the Louisiana Departme
§ 40:2009.16 Hearing
§ 40:2009.17 Retaliation by health care provider
§ 40:2009.18 The Louisiana Department of Health shall prepare and distribute to nursing homes in quantities appropriate to carry out the intent of this Section a booklet setting forth the complai
§ 40:2009.19 Notification of change
§ 40:2009.20 Duty to make complaints; penalty; immunity
§ 40:2009.21 A. Public Law 100-203 establishes mandatory preadmission screening and resident review requirements for nursing care (other than ICF-DD) provided under Title XIX of the Social Securi
§ 40:2009.22 A. Beginning July 1, 2004, at the time of licensure renewal for nursing homes enrolled in the Medicaid program, those nursing homes enrolled in the Medicaid program shall also be cer
§ 40:2009.23 A. The Louisiana Department of Health is hereby authorized to and shall adopt rules in accordance with the Administrative Procedure Act, to provide remedies mandated by federal law which m
§ 40:2009.24 A. Nursing facilities shall have a generator or other Louisiana Department of Health approved alternate electrical power source in the event of the loss of primary electrical power i
§ 40:2009.25 A. As used in this Section, the following terms have the meaning ascribed to them in this Subsection:
§ 40:2009.42 Disclosure of ownership of nursing homes; penalties
§ 40:2009.43 Culinary therapy authorized
§ 40:2009.44 Notwithstanding any other provision of law to the contrary, the Louisiana Department of Health shall promulgate rules and regulations which allow payment for up to seven leave-of-absence d
§ 40:2010 Not later than ten business days after the date of discharge, each hospital in the state which is licensed by the Louisiana Department of Health shall have available an itemized statement
§ 40:2010.1 For the purpose of R.S. 40:2010.1 through R.S. 40:2010.5 unless the context otherwise requires:
§ 40:2010.2 The office of the state long-term care ombudsman is established in the office of elderly affairs for the purpose of assisting residents of facilities within this state. The office shall by
§ 40:2010.3 A. The ombudsman shall have the following functions and responsibilities:
§ 40:2010.4 Ombudsman; powers; prohibition of interference; penalties
§ 40:2010.5 Confidentiality of records; liability
§ 40:2010.6 Legislative intent
§ 40:2010.7 For the purpose of R.S. 40:2010.6 through R.S. 40:2010.9, unless the context otherwise requires:
§ 40:2010.8 A. All nursing homes shall adopt and make public a statement of the rights and responsibilities of the residents residing therein and shall treat such residents in accordance with th
§ 40:2010.9 A. Any resident who alleges that his rights, as specified in R.S. 40:2010.8, have been deprived or infringed upon may assert a cause of action for injunctive relief against any nursing hom
§ 40:2010.10 A. All nursing homes shall during the admission process provide notification to the applicant that the applicant may receive a copy of the annual licensing survey as well as the tele
§ 40:2011 A. No later than September first of each year and in accordance with the latest recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control
§ 40:2012.1 Any indigent person suffering with tuberculosis who has resided in Louisiana for a period of one year may be admitted to any tuberculosis hospital operated by the Louisiana Department of H
§ 40:2012.2 Patients suffering with tuberculosis who are able to pay for hospitalization in a hospital operated by the department shall reimburse the hospital for expenses of their hospitalizati
§ 40:2012.3 A. Upon being shown the certificate of the superintendent of the hospital entitling an indigent tuberculosis patient to admission to a state-owned tuberculosis hospital, the parish s
§ 40:2013 The Louisiana Department of Health in addition to other powers and duties conferred upon it by this Chapter, is hereby designated as the sole agency:
§ 40:2013.1 Mental health clinics; authority of physicians to render certain opinions
§ 40:2013.2 A. The Louisiana Department of Health may provide for the services on a contractual basis of a Catholic priest and a minister of the other non-Catholic predominating religious denomi
§ 40:2013.3 Superintendents of all hospitals for persons with mental illness administered by the Louisiana Department of Health are required upon written request of the coroner of the parish fro
§ 40:2013.54 The Louisiana Department of Health being designated by law as the sole agency in Louisiana for carrying out the purposes of the National Mental Health Act, Public Law 79-487 1 ;
§ 40:2014.1 The superintendents of all general hospitals administered by the Louisiana Department of Health are hereby authorized and directed to furnish, upon written request of the doctor who refers
§ 40:2017 A. The department may, in addition to the powers conferred on it by this Chapter and in accordance with the provisions of this Chapter, exercise the following functions:
§ 40:2017.3 The Louisiana Department of Health shall by regulations prescribe minimum standards of maintenance and operation of hospitals which have received or may receive federal aid for constructio
§ 40:2017.4 Additional hospitals; surveys and approval
§ 40:2017.5 Promotion of nurse education program
§ 40:2017.6 Acceptance of federal funds; notice of public hearing
§ 40:2017.7 Enforcement of rules and regulations
§ 40:2017.8 Administration of oaths and taking of testimony
§ 40:2017.9 All files, records, reports, or other papers, or any information obtained at any time by the Louisiana Department of Health in the course of discharging its duties under any agreemen
§ 40:2017.10 A. The Louisiana Department of Health shall establish, maintain, and operate an effective program which will provide adequate emergency medical services for persons injured on the ro
§ 40:2017.11 Fees for review of plans
§ 40:2017.12 A. Any hospital licensed by the state of Louisiana shall be allowed to participate in prepayment of anticipated or owed Medicaid settlements, payable to the secretary of the Louisian
§ 40:2018 A. There shall be established within the Louisiana Department of Health, a commission which shall be designated the “Commission on Perinatal Care and Prevention of Infant Mortality”, compo
§ 40:2018.1 A. The legislature hereby establishes within the office of public health of the Louisiana Department of Health a commission which shall be designated the “Louisiana Commission on HIV
§ 40:2018.2 A. The Louisiana Department of Health shall have the power, and its duty shall be, to make grants available to parishes, municipalities, and nonprofit organizations for community-based pre
§ 40:2018.5 A. The legislature hereby finds and declares that research indicates maternal mortality, severe maternal morbidity, and unexpected outcomes of pregnancy and birth resulting in signif
§ 40:2018.7 A. The legislature finds and declares that research indicates palliative care is appropriate for a patient of any age and at any stage of a life-threatening illness and can reduce me
§ 40:2019 A. Findings and purpose.
§ 40:2020 A. The legislature finds that:
§ 40:2021 A. The legislature hereby finds that the nonemergent utilization rate of emergency departments in the state of Louisiana is at an all-time high. The legislature further finds that on
§ 40:2022 A. The legislature hereby finds that it is in the best interest of the children born in this state that certain health care information be provided to parents of newborns concerning
§ 40:2023 Availability of immunizations recommended by the Centers for Disease Control and Prevention
§ 40:2024.1 NOTE: §2024.1 as enacted by Acts 2021, No. 320, eff. upon availability of sufficient funding by nongovernmental sources or by specific legislative appropriation.
§ 40:2024.2 For the purposes of this Part, the following terms have the following meanings ascribed to them, unless the context clearly indicates otherwise:
§ 40:2024.3 A. The legislature hereby establishes within the Louisiana Department of Health a review panel which shall be designated as the “Louisiana Domestic Abuse Fatality Review Panel”, here
§ 40:2024.4 A. The functions of the review panel shall include:
§ 40:2024.5 A. Notwithstanding any other provision of law to the contrary, the review panel, or any local or regional panel or agent of a local or regional panel, shall be authorized to access m
§ 40:2024.6 The review panel shall issue an annual report of its findings and recommendations to the governor, the speaker of the House of Representatives, and the president of the Senate. The r
§ 40:2024.7 The Louisiana Department of Health may, at its discretion, secure financial and human resources from, or create formal partnerships with, external entities, in order to meet its obli

Terms Used In Louisiana Revised Statutes > Title 40 > Chapter 11 > Part I - Organization and Powers

  • Allegation: something that someone says happened.
  • 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.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • 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.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Dependent: A person dependent for support upon another.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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
  • 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.
  • 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.
  • Fraud: Intentional deception resulting in injury to another.
  • 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
  • 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.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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.
  • 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.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • 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.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.