Senate Bill No. 38, introduced by Senator Fesi, amends existing laws regarding nursing facilities in Louisiana. The bill updates the introductory paragraph of R.S. 40:2009.2 and enacts new provisions under R.S. 40:2009.2(8) and 2009.6(C). It introduces a definition for "license," which refers to the permission granted by the Louisiana Department of Health to operate a nursing facility. Additionally, the bill outlines the process for revoking and reissuing a nursing facility license, particularly in cases where the revocation is due to failures during an evacuation related to an executive order or declaration of emergency or disaster.

The new provisions stipulate that if a nursing facility's license is revoked under these circumstances, the Department of Health must hold the license in abeyance and can reissue it to a qualified applicant to ensure the continuation of patient services. This reissuance process is exempt from certain review or moratorium requirements, and the provisions apply specifically to emergencies declared during or after 2021, as well as to facilities without alternative nursing options within a ten-mile radius. The bill will take effect upon the governor's signature or after the designated time for gubernatorial action.

Statutes affected:
SB38 Original: