Hospital service districts may lease and operate licensed nursing homes, but they must give 60 days’ written notice in certain cases and face limits in specified parishes unless they are the local service district hospital or have approval.
§1069.1. Hospital service districts; leasing and operating a licensed nursing home A. Except as provided in Subsection C of this Section, nothing in this Chapter shall be construed to prevent or prohibit a hospital service district created pursuant to this Chapter from leasing and operating a licensed nursing home, as defined in R.S. 40:2009.2, that is located within the boundaries of that hospital service district or outside the boundaries of that hospital service district but within the state of Louisiana. B.(1) If a hospital service district determines to lease and operate a licensed nursing home within thirty-five miles of a hospital service district hospital in an adjoining hospital service district, then the hospital service district shall provide sixty days written prior notice to the governing authority of the parish in which the licensed nursing home is located. (2) If the governing authority of the parish does not provide written notice of objection to the hospital service district within the required sixty days, then the hospital service district may lease and operate the licensed nursing home. (3) If the governing authority of the parish in which the licensed nursing home is located objects in writing within the required sixty days, and after a good-faith effort is made to reach an agreement between the governing authority of the parish and the licensed nursing home, and an agreement is not reached, then the hospital service district may lease and operate the licensed nursing home. C.(1) A hospital service district shall not operate a licensed nursing home in any parish having a population of not less than four hundred thirty thousand and not more than four hundred thirty-five thousand according to the latest federal decennial census or in any parish having a population of not less than one hundred ten thousand and not more than one hundred fifteen thousand according to the latest federal decennial census without either being the service district hospital where the licensed nursing home is located or receiving the approval of the hospital service district where the licensed nursing home is located. (2) If a hospital service district does not grant approval to another hospital service district for operation of a licensed nursing home as provided in Paragraph (1) of this Subsection, then the hospital service district refusing to grant approval shall be prohibited from operating a licensed nursing home outside of its district boundaries. (3) If a hospital service district specified in Paragraph (1) of this Subsection is unable to lease or operate a licensed nursing home, then nothing in this Chapter shall limit a hospital service district within the state of Louisiana from operating a licensed nursing home in that parish in accordance with the provisions of Subsection A of this Section. (4) If a hospital service district located in a parish identified in this Subsection has not operated a licensed nursing home by August 1, 2020, then the provisions of this Subsection shall not apply to that hospital service district and the provisions of Subsection A of this Section shall apply. Acts 2015, No. 446, §1, eff. July 1, 2015.