2018 Louisiana Laws
Revised Statutes
TITLE 40 - Public Health and Safety
RS 40:2009.4 - Standards prescribed
§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.
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.
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.
