Terms Used In Louisiana Revised Statutes > Title 40 > Chapter 5-D > Subchapter D - Healthcare Services

• Accumulated contributions: means the sum of all the amounts deducted from the compensation of a member and credited to his individual account. See Louisiana Revised Statutes 11:952.1
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affiliate: as used in this Chapter , means a specific person who is directly or indirectly, through one or more intermediaries, controlled by, or controls, or is under common control with the person specified. See Louisiana Revised Statutes 9:3516
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Aftercare: means any assistance provided by a caregiver to a patient pursuant to this Part after the patient's discharge from a hospital. See Louisiana Revised Statutes 40:1226.1
• Allocation: means the official determination of the class to which a position in the classified service belongs. See Louisiana Revised Statutes 33:2533
• 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.
• 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.
• 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
• Appointing authority: means any official, officer, board, commission, council or person having the power to make appointments to positions in the municipal, parish or fire protection district fire service. See Louisiana Revised Statutes 33:2533
• 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
• 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 33:2533
• 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
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Asynchronous store and forward transfer: means the transmission of a patient's medical information from an originating site to the provider at the distant site without the patient being present. See Louisiana Revised Statutes 40:1223.3
• average compensation: means his average earnable compensation for the five highest successive years of employment, or the highest five successive joined years where interruption of service occurred. See Louisiana Revised Statutes 11:701
• Average regular compensation: means the average annual rate of regular compensation of a member for any period of thirty-six successive months ending with full month's pay of service as an employee during which said earned compensation was the highest. See Louisiana Revised Statutes 11:952.1
• behavioral health services: means those services as defined in La. See Louisiana Revised Statutes 40:1223.3
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Beneficiary: means any person in receipt of a retirement allowance or other benefit provided for in this part. See Louisiana Revised Statutes 11:952.1
• Board: means the municipal fire and police civil service board. See Louisiana Revised Statutes 33:2473
• Board: means the municipal, parish, or fire protection district fire and police civil service board. See Louisiana Revised Statutes 33:2533
• Board: means the board of directors of the district or any successor thereto. See Louisiana Revised Statutes 33:3072
• Board: means the board of directors of the district or any successor thereto. See Louisiana Revised Statutes 33:3077
• Board of supervisors: means the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College. See Louisiana Revised Statutes 11:952.1
• Board of trustees: means the board provided for in Part V of this Chapter to administer the retirement system. See Louisiana Revised Statutes 11:701
• Buyer: means an individual who is solicited to purchase or who purchases the services of a credit repair services organization. See Louisiana Revised Statutes 9:3573.2
• Caregiver: means an individual who meets all of the following conditions:

              (a) Is eighteen years of age or older. See Louisiana Revised Statutes 40:1226.1

• Cholesterol screening: means determining the cholesterol level present in a person's blood by analyzing a drop of blood taken from him by means of a fingerstick sample. See Louisiana Revised Statutes 40:1213.2
• class of position: means a definitely recognized kind of employment in the classified service, designated to embrace positions that are so nearly alike in the essential character of their duties, responsibilities, and consequent qualification requirements, that they can fairly and equitably be treated alike under like conditions for all personnel purposes. 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
• Classification plan: means all the classes of positions established for the classified service. See Louisiana Revised Statutes 33:2533
• 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
• Classified service: means every appointive office and position of trust or employment in the municipal government, parish government, or fire protection district 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 33:2533
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
• Consumer: means a natural person who purchases goods, services, or movable or immovable property or rights therein, for a personal, family, or household purpose and includes a purchaser or buyer in a consumer credit sale or transaction made with the use of a seller credit card or otherwise, or a borrower or debtor in a consumer loan, revolving loan account, or a lender credit card. See Louisiana Revised Statutes 9:3516
• 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.
• Credit repair services organization: means a person who, with respect to a buyer, in return for the payment of money or other valuable consideration, directly or indirectly, provides or represents that he can or will, directly or indirectly, provide any of the following services:

  (a)  Improving a buyer's credit record, history, or rating. See Louisiana Revised Statutes 9:3573.2

• Creditable service: means "Prior Service" plus "Membership Service" for which credit is allowable as provided in Part III of this Chapter. See Louisiana Revised Statutes 11:701
• Credited service: means service for which credit is allowable as provided in La. See Louisiana Revised Statutes 11:952.1
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• 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
• 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 involves less responsibility and provides less pay. See Louisiana Revised Statutes 33:2533
• Department: means the Department of Public Safety and Corrections. See Louisiana Revised Statutes 40:1372
• Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:1213.2
• Department: means the state Department of Culture, Recreation and Tourism. See Louisiana Revised Statutes 49:1132
• 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
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Discharge: means a patient's release from hospital care to the patient's residence following an inpatient admission. See Louisiana Revised Statutes 40:1226.1
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Distant site: means the site at which the healthcare provider delivering the service is located at the time the service is provided via a telecommunications system. See Louisiana Revised Statutes 40:1223.3
• District: means the Central Transition District or any successor thereto. See Louisiana Revised Statutes 33:3072
• District: means the St. See Louisiana Revised Statutes 33:3077
• Division: means the division of state police in the Department of Public Safety and Corrections. See Louisiana Revised Statutes 40:1372
• Eligible: means a person whose name is on a list. See Louisiana Revised Statutes 33:2473
• Eligible: means a person whose name is on a list. See Louisiana Revised Statutes 33:2533
• emergency services dispatcher: shall include individuals with and without the ability to provide medical advice as provided by La. See Louisiana Revised Statutes 40:1372
• Employee: means any employee of the division of state police in the Department of Public Safety and Corrections. See Louisiana Revised Statutes 40:1372
• Employee: means a person legally occupying a position. See Louisiana Revised Statutes 33:2473
• Employee: means a person legally occupying a position. See Louisiana Revised Statutes 33:2533
• Employee: means a person employed in any classification of University employees other than a student, and the word "student" includes a graduate assistant, medical intern, and medical resident. See Louisiana Revised Statutes 11:952.1
• Employer: means the state of Louisiana, any city, parish, or other local school board, the State Board of Elementary and Secondary Education, any board created by La. See Louisiana Revised Statutes 11:701
• 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.
• Ex officio: Literally, by virtue of one's office.
• Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
• Federal poverty guidelines: means the most recent poverty guidelines as published in the Federal Register by the United States Department of Health and Human Services. See Louisiana Revised Statutes 40:1219.2
• Fingerstick sample: means a quantity of blood taken from a person by sticking his finger with a needle or lancet. See Louisiana Revised Statutes 40:1213.2
• 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.
• funded system: means the funded Louisiana State University and Agricultural and Mechanical College Retirement System as defined in La. See Louisiana Revised Statutes 11:952.1
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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.
• Healthcare provider: means a person, partnership, limited liability partnership, limited liability company, corporation, facility, or institution licensed or certified by this state to provide healthcare or professional services as a physician assistant; hospital; nursing home; dentist; registered nurse; advanced practice registered nurse; licensed dietitian or nutritionist; licensed practical nurse; certified nurse assistant; offshore health service provider; ambulance service; licensed midwife; pharmacist; speech-language pathologist; audiologist; optometrist; podiatrist; chiropractor; physical therapist; occupational therapist; certified or licensed athletic trainer; psychologist; medical psychologist; social worker; licensed professional counselor; licensed perfusionist; licensed respiratory therapist; licensed radiologic technologist; licensed hearing aid dealer; licensed, certified, or registered addiction counselor; licensed, certified, or registered prevention professional; certified compulsive gambling counselor; behavioral health provider who works for a licensed agency or credentialed provider which provides community psychiatric support and treatment services or psychosocial rehabilitation services as defined in La. See Louisiana Revised Statutes 40:1223.3
• Hospital: means a facility licensed under the provisions of Part II of Chapter 11 of this Title. See Louisiana Revised Statutes 40:1226.1
• Income: means income from whatever source derived. See Louisiana Revised Statutes 40:1219.2
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• 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.
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• 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}
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Lien: A claim against real or personal property in satisfaction of a debt.
• list: means a reinstatement employment list, a promotional employment list, a competitive employment list, and a reemployment list. See Louisiana Revised Statutes 33:2473
• lists: means a reinstatement employment list, a promotional employment list, a competitive employment list and a re-employment list. See Louisiana Revised Statutes 33:2533
• Litter: means all waste material except as provided and defined in La. See Louisiana Revised Statutes 49:1132
• Local government: means the governing authority of a parish or the governing authority of the municipality. See Louisiana Revised Statutes 49:1132
• Mayor-president: means the mayor-president of the city of Baton Rouge and parish of East Baton Rouge. See Louisiana Revised Statutes 33:3072
• Mayor-president: means the mayor-president of the city of Baton Rouge and parish of East Baton Rouge. See Louisiana Revised Statutes 33:3077
• Member: means any employee included in the membership of the funded system as provided in La. See Louisiana Revised Statutes 11:952.1
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Municipal tax: means the two percent sales and use tax levied by the city of Central as provided in La. See Louisiana Revised Statutes 33:3072
• Municipal tax: means the two percent sales and use tax levied by the city of St. See Louisiana Revised Statutes 33:3077
• Municipality: means the city of Central in East Baton Rouge Parish. See Louisiana Revised Statutes 33:3072
• Municipality: means the city of St. See Louisiana Revised Statutes 33:3077
• Oath: A promise to tell the truth.
• 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.
• Organization: means corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association. See Louisiana Revised Statutes 9:3516
• 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
• Oversight: Committee review of the activities of a Federal agency or program.
• Parish: means East Baton Rouge Parish. See Louisiana Revised Statutes 33:3072
• Parish: means East Baton Rouge Parish. See Louisiana Revised Statutes 33:3077
• Parish tax: means the two percent sales and use tax levied in the unincorporated areas of the parish. See Louisiana Revised Statutes 33:3072
• Parish tax: means the two percent sales and use tax levied in the unincorporated areas of the parish. See Louisiana Revised Statutes 33:3077
• 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.
• Patient: means an individual who has been admitted to a hospital for inpatient care and who is eighteen years of age or older. See Louisiana Revised Statutes 40:1226.1
• permanent employee: means an employee who has been appointed to a position in the classified service in accordance with this Part after completing his working test period. See Louisiana Revised Statutes 33:2473
• permanent employee: means an employee who has been appointed to a position in the classified service in accordance with this Part after completing his working test period. See Louisiana Revised Statutes 33:2533
• Person: means an individual, corporation, partnership, trust, association, joint venture pool, syndicate, sole proprietorship, unincorporated organization, or any other form of entity not specifically listed herein. See Louisiana Revised Statutes 9:3573.2
• person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
• Personal property: All property that is not real property.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Police employee: means any employee who is assigned to police work as a peace officer pursuant to La. See Louisiana Revised Statutes 40:1372
• 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
• Position: means any office or employment in the municipal, parish or fire protection district, fire or police service, the duties of which call for services to be rendered by one person. See Louisiana Revised Statutes 33:2533
• Principal: means the amount financed or amount deferred under a consumer credit transaction. See Louisiana Revised Statutes 9:3516
• Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• 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
• 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 involves increased responsibilities and provides increased pay. See Louisiana Revised Statutes 33:2533
• promotion list: means an employment list, containing the names of eligible persons established from the results of promotion tests given for a particular class of positions; which is not specifically required by this Part to be established from the results of a competitive test. See Louisiana Revised Statutes 33:2533
• 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
• 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 33:2533
• Quorum: The number of legislators that must be present to do business.
• Re-employment list: means an employment list for the entrance or lowest ranking class in the classified service, or any group of classes that may be grouped in the classification plan, containing names of regular employees who have been laid off under the "lay off" provisions of this Part. See Louisiana Revised Statutes 33:2533
• Regular compensation: means the total cash compensation for personal services paid to an employee by the university, except compensation of an unusual or noncontinuing nature excluded by the board of supervisors as provided in La. See Louisiana Revised Statutes 11:952.1
• reinstatement list: means an employment list containing names of persons eligible for reinstatement in positions of a class from which they have been demoted for reasons other than disciplinary action. See Louisiana Revised Statutes 33:2473
• reinstatement list: means an employment list containing names of persons eligible for reinstatement in positions of a class from which they have been demoted for reasons other than disciplinary action. See Louisiana Revised Statutes 33:2533
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Residence: means a dwelling that the patient considers to be his home. See Louisiana Revised Statutes 40:1226.1
• Retirement: means withdrawal from active service with a retirement allowance granted under the provisions of this part. See Louisiana Revised Statutes 11:952.1
• Retirement allowance: means annual payments for life under the funded system payable in equal monthly installments beginning as of the date fixed by the board of supervisors. See Louisiana Revised Statutes 11:952.1
• Retirement system: means the Teachers' Retirement System of Louisiana as defined in La. See Louisiana Revised Statutes 11:701
• Right of offset: Banks' legal right to seize funds that a guarantor or debtor may have on deposit to cover a loan in default. It is also known as the right of set-off. ^{Source: OCC}
• Secretary: means the secretary of the Louisiana Department of Health. See Louisiana Revised Statutes 40:1213.2
• Secretary: means the office of the secretary of the Department of Culture, Recreation and Tourism. See Louisiana Revised Statutes 49:1132
• 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

• 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 33:2533

• Service: means service as a teacher within the meaning of Paragraph (33) of this Section. See Louisiana Revised Statutes 11:701
• Service of process: The service of writs or summonses to the appropriate party.
• 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.
• Social Security breakpoint: means the maximum level at which compensation may be included in the determination of the primary insurance amount under Title II of the Federal Social Security Act, provided that for purposes of the funded system seven thousand eight hundred dollars shall be deemed to have been the Social Security breakpoint for all years prior to 1968. See Louisiana Revised Statutes 11:952.1
• Spouse: shall mean a person who is legally married to a member of this system and shall not include a person who is legally separated from a member of this system by a judgment of separation, unless such person has voluntarily reconciled with the member and which reconciliation is established by a court of competent jurisdiction. See Louisiana Revised Statutes 11:701
• State: means the state of Louisiana. See Louisiana Revised Statutes 11:952.1
• Subpoena: A command to a witness to appear and give testimony.
• Synchronous interaction: means communication through interactive technology that enables a healthcare provider and a patient at two locations separated by distance to interact via two-way video and audio transmissions simultaneously. 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
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• unit: means the insurance fraud investigation unit within the Department of Public Safety and Corrections, office of state police. See Louisiana Revised Statutes 40:1421
• University: means all campuses and divisions of the Louisiana State University and Agricultural and Mechanical College. See Louisiana Revised Statutes 11:952.1
• University Retirement Plan: means the nonfunded University Retirement Plan established pursuant to regulations of the board of supervisors as in effect on the effective date of this funded system. See Louisiana Revised Statutes 11:952.1
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Venue: The geographical location in which a case is tried.
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.