§ 40:1189.1 This Part may be cited as the “Rural Hospital Preservation Act”.
§ 40:1189.2 A. The legislature finds that:
§ 40:1189.3 As used in this Part:
§ 40:1189.4 A. The department shall adopt rules and regulations in accordance with the Administrative Procedure Act that provide the following:
§ 40:1189.5 Managed care organizations, including but not limited to health maintenance organizations, other entities authorized by law to bear risk for the payment of health care services, and
§ 40:1189.7 A. Notwithstanding any law to the contrary, a public rural hospital may employ a health care provider on a part-time basis. As used in this Subsection, “part-time basis” means twenty

Terms Used In Louisiana Revised Statutes > Title 40 > Chapter 5-D > Subchapter B > Part V - Rural Hospital Preservation Act

  • 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.
  • 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
  • Contract: A legal written agreement that becomes binding when signed.
  • 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 or its successor in the role of designated state agency under Title XIX of the Social Security Act or any successor Act including but not limited to block grants or other funding for medical care of the poor. See Louisiana Revised Statutes 40:1189.3
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • 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
  • Ex officio: Literally, by virtue of one's office.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • 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.
  • Health care provider: means an individual, person, corporation, facility, or institution licensed by the state to provide health care or professional services as a physician, nurse, or allied health professional. See Louisiana Revised Statutes 40:1189.3
  • 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
  • list: means a reinstatement employment list, a promotional employment list, a competitive employment list, and a reemployment list. See Louisiana Revised Statutes 33:2473
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Oath: A promise to tell the truth.
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • 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
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public rural hospital: means a rural hospital owned or operated by a political subdivision of the state, including but not limited to a hospital service district, parish, or municipality. See Louisiana Revised Statutes 40:1189.3
  • Quorum: The number of legislators that must be present to do business.
  • Reasonable cost: means the cost of hospital outpatient services, including without limitation provider-based rural health clinics, utilizing Medicare cost reimbursement principles applicable to the respective rural hospital, including hospital-based rural health clinics licensed as hospital departments. See Louisiana Revised Statutes 40:1189.3
  • Rural hospital: means a hospital licensed by the department which meets one of the following criteria:

                (i) Has no more than sixty hospital beds as of July 1, 1994; and

                (aa) Is located in a parish with a population of less than fifty thousand; or

                (bb) Is located in a municipality with a population of less than twenty thousand. See Louisiana Revised Statutes 40:1189.3

  • 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.
  • State plan for medical assistance: means the plan promulgated by the department in accordance with its role as designated state agency under Title XIX of the Social Security Act, or its successor plan, including but not limited to any plan adopted pursuant to any federal law creating block grants or other funding for medical care of the poor. See Louisiana Revised Statutes 40:1189.3
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.