This section requires the department to set nursing home standards and gives rules for licensed nursing facility visitation during a public health emergency, including limits on vaccination proof requirements.
§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. 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, 2nd Ex. Sess., No. 18, §1, eff. Oct. 28, 2020; Acts 2022, No. 531, §1; Acts 2023, No. 367, §1.