§ 40:2009.4 — Standards prescribed

Louisiana § 40:2009.4

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§2009.4. Standards prescribed
A. The department shall prescribe and publish minimum standards in relation to:
(1) Location and construction of the home.
(2) Number and qualifications of personnel.
(3) Sanitary conditions.
(4) Diet related to the needs of each resident.
(5) Equipment essential to the health and wellbeing of the residents.
(6)(a) The establishment of new or replacement facilities or reestablishment of
facilities that have sustained substantial structural damage from a hurricane or substantial
structural damage from flooding which are located in areas subject to hurricanes, tidal surges,
or flooding. An architect or civil engineer registered in the state shall determine whether a
facility has sustained substantial structural damage from a hurricane or substantial structural
damage from flooding in accordance with the Louisiana State Uniform Construction Code.
The regulations adopted by the department shall include but not be limited to:
(i) Requirements of building and construction codes and guidelines.
(ii) Restrictions of locations of newly approved facilities that are subject to the
provisions of the facility need review process.
(iii) Provisions for the fair allocation of the Medicaid share of facility specific costs
directly incurred by a facility as a result of compliance.
(iv) Provisions for reasonable time periods for compliance, not to exceed three years,
except when extensions are granted by the department for good cause.
(b) Nothing herein shall be construed to affect or apply to existing operational
facilities or to facilities that are under construction and whose construction plans were
approved prior to the promulgation of regulations referred to in Subparagraph (a) of this
Paragraph.
(7)(a) The requirement for licensed nursing facilities to allow immediate family
members and other designated persons to visit residents during a public health emergency
whenever a resident requests such a visit with special consideration to be given to residents
receiving end-of-life care.
(b) The rules shall include but not be limited to definitions, minimum requirements
including the right to consensual nonsexual physical contact such as hand-holding or
hugging, restrictions, and provisions to protect the health, safety, and welfare of the residents
and the staff of the licensed nursing facility. However, the rules may not require visitors to
submit proof of any vaccination or immunization.
(c) The rules shall allow licensed nursing facilities to adopt reasonable time, place,
and manner restrictions on resident visitation that are implemented for the purpose of
mitigating the possibility of transmission of any infectious agent or disease or to address the
medical condition or clinical considerations of an individual resident.
(d) The rules promulgated pursuant to this Paragraph shall be preempted by any
federal statute, federal regulation, or guidance from a federal government agency that
requires a licensed nursing facility to restrict resident visitation in a manner that is more
restrictive than the rules adopted by the department pursuant to this Paragraph.
(e) For purposes of this Paragraph, the following definitions shall apply:
(i) "Public health emergency" means a state of public health emergency that is
declared pursuant to the Louisiana Health Emergency Powers Act, R.S. 29:760 et seq.
(ii) "Resident" means the resident of the licensed nursing facility or the legal or
designated representative of the resident.
B. In addition to the authority to prescribe minimum standards, the department may
adopt new rules and regulations relating to the operation and conduct of nursing homes and
the care, treatment and maintenance of the residents thereof when adequate state funds are
made available. The secretary may waive any standard, rule, or regulation adopted pursuant
to the authority granted herein in emergency situations for limited periods of time, when the
health and welfare of the residents are not adversely affected.
C. The Louisiana Department of Health shall develop and implement policies and
procedures to require nursing facilities to notify new residents and their families and
guardians of sex offenders living in their facilities upon admission. The notification shall
continue for as long as the information is considered a public record. During the annual
licensing process, health standards surveyors shall verify the providers' compliance with the
policy.

Legislative History

Added by Acts 1958, No. 188, §1. Amended by Acts 1977, No. 680, §8; Acts 2005, 1st Ex. Sess., No. 41, §1, eff. Dec. 6, 2005; Acts 2008, No. 409, §1, eff. June 21, 2008; Acts 2020, 2 nd Ex. Sess., No. 18, §1, eff. Oct. 28, 2020; Acts 2022, No. 531, §1; Acts 2023, No. 367, §1.