Louisiana Revised Statutes 29:771 – Miscellaneous
Terms Used In Louisiana Revised Statutes 29:771
- Contagious disease: means an infectious disease that can be transmitted from person to person. See Louisiana Revised Statutes 29:762
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Health care provider: means a clinic, person, corporation, facility, or institution which provides health care or professional services by a physician, dentist, registered or licensed practical nurse, pharmacist, optometrist, podiatrist, chiropractor, physical therapist, psychologist, or psychiatrist, and any officer, employee, or agent thereof acting in the course and scope of his service or employment. See Louisiana Revised Statutes 29:762
- Infectious disease: means a disease caused by a living organism or other pathogen, including a fungus, bacteria, parasite, protozoan, or virus. See Louisiana Revised Statutes 29:762
- Public health authority: means the secretary of the Louisiana Department of Health, or his designee, and the state health officer. See Louisiana Revised Statutes 29:762
- public health emergency: means an occurrence or imminent threat of an illness or health condition that:
(a) Is believed to be caused by any of the following:
(i) Bioterrorism. See Louisiana Revised Statutes 29:762
A. Financing of the public health emergency shall be accomplished pursuant to La. Rev. Stat. 29:731.
B. Liability.
(1) State immunity. State immunity shall be determined in accordance with La. Rev. Stat. 29:735, which shall be applicable to this Chapter.
(2) Private liability.
(a) During a state of public health emergency, any person owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege, or otherwise permits the designation or use of the whole or any part or parts of such real estate or premises for the purpose of sheltering persons, together with that person’s successors in interest, if any, shall not be civilly liable for negligently causing the death of, or injury to, any person on or about such real estate or premises under such license, privilege, or other permission, or for negligently causing loss of, or damage to, the property of such person.
(b) During a state of public health emergency, any private person, firm or corporation and employees and agents of such person, firm or corporation in the performance of a contract with, and under the direction of the state or its political subdivisions under the provisions of this Chapter shall not be civilly liable for causing the death of, or injury to, any person or damage to any property except in the event of gross negligence or willful misconduct.
(c)(i) During a state of public health emergency, no health care provider shall be civilly liable for causing the death of, or injury to, any person or damage to any property except in the event of gross negligence or willful misconduct.
(ii) During a state of public health emergency, which is declared to combat COVID-19 or any other contagious disease or infectious disease, no inpatient health care facility shall be liable to a member of the clergy for any civil damages for injury or death resulting from or related to actual or alleged exposure during the course of, or through the performance of, allowing access to a member of the clergy in compliance with La. Rev. Stat. 40:2005.1 unless the inpatient health care facility failed to substantially comply with the applicable procedures established by the Louisiana Department of Health that govern the inpatient health care facility operations and the injury or death was caused by the inpatient health care facility’s gross negligence or wanton or reckless misconduct.
(d) During a state of public health emergency, any private person, firm or corporation and employees and agents of such person, firm or corporation, who renders assistance or advice at the request of the state or its political subdivisions under the provisions of this Chapter shall not be civilly liable for causing the death of, or injury to, any person or damage to any property except in the event of gross negligence or willful misconduct.
(e) The immunities provided in this Subsection shall not apply to any private person, firm, or corporation or employees and agents of such person, firm, or corporation whose act or omission caused in whole or in part the public health emergency and who would otherwise be liable therefor.
C. Compensation
(1) Taking. Compensation for property shall be made only if private property is lawfully taken or appropriated by a public health authority for its temporary or permanent use during a state of public health emergency declared by the governor pursuant to this Chapter.
(2) Actions. Any action against the state with regard to the payment of compensation shall be brought in the courts of this state in accordance with existing court laws and rules, or any such rules that may be developed by the courts for use during a state of public health emergency.
(3) Amount. The amount of compensation shall be calculated in the same manner as compensation due for taking of property pursuant to non-emergency expropriation procedures, as provided in La. Rev. Stat. 48:441 through 460, except that the amount of compensation calculated for items obtained under La. Rev. Stat. 29:769, shall be limited to the costs incurred to produce the item.
Acts 2003, No. 1206, §1; Acts 2020, 2nd Ex. Sess., No. 30, §1, eff. Oct. 28, 2020.