RÉSUMÉ DIGEST
ACT 18 (HB 43) 2020 Second Extraordinary Session Bacala
Existing law provides for state licensure of nursing facilities and adult residential care
provider (assisted living) facilities. Requires the La. Department of Health (LDH) to
promulgate rules, regulations, and minimum standards for such facilities.
New law retains existing law and requires that LDH promulgate rules for such facilities
which allow for immediate family members and other designated persons to visit a facility
resident during a public health emergency whenever the resident requests such a visit, with
special consideration to be given to residents receiving end-of-life care. Provides that such
rules shall:
(1) Include, but not be limited to, definitions, minimum requirements, restrictions, and
provisions to protect the health, safety, and welfare of facility residents and staff.
(2) Allow 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.
(3) Be preempted by any federal statute, regulation, or guidance that requires a facility
to restrict resident visitation in a manner that is more restrictive than those rules.
Effective upon signature of governor (Oct. 28, 2020).
(Adds R.S. 40:2009.4(A)(7) and 2166.5(B)(12))


Statutes affected:
HB43 Original: 40:8(A)(2)
HB43 Engrossed: 40:8(A)(2)