Louisiana Revised Statutes 40:1193.8 – A.(1) No nursing home shall deny a person or resident admission to or discharge from a nursing home, or otherwise discriminate or retaliate against a person or resident, because the
Terms Used In Louisiana Revised Statutes 40:1193.8
- Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:1193.2
- Legal representative: means a legal guardian or a legally appointed substitute decision-maker who is authorized to act on behalf of a nursing home resident. See Louisiana Revised Statutes 40:1193.2
- Monitoring device: means a surveillance instrument that transmits and records activity and is not connected to the facility's computer network. See Louisiana Revised Statutes 40:1193.2
- Nursing home: means a nursing facility or nursing home as defined in La. See Louisiana Revised Statutes 40:1193.2
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Resident: means a person who is a resident of a nursing home. See Louisiana Revised Statutes 40:1193.2
A.(1) No nursing home shall deny a person or resident admission to or discharge from a nursing home, or otherwise discriminate or retaliate against a person or resident, because the person or resident chooses to authorize installation and use of a monitoring device.
(2) Any person who knowingly or willfully violates the provisions of Paragraph (1) of this Subsection shall be subject to appropriate action by the department as set forth in rules promulgated pursuant to this Part.
B.(1) Except as provided in Paragraph (2) of this Subsection, no person shall intentionally hamper, obstruct, tamper with, or destroy a monitoring device or a recording made by a monitoring device installed in a nursing home pursuant to this Part.
(2) The prohibition and penalties provided in this Subsection shall not apply to the resident who owns the monitoring device or recording, or to his legal representative.
Acts 2018, No. 596, §1.