Louisiana Revised Statutes 40:2115.33 – Emergency department; licensure; prohibitions
Terms Used In Louisiana Revised Statutes 40:2115.33
- Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:2102
- Hospital: means any institution, place, building, or agency, public or private, whether for profit or not, with facilities for the diagnosis, treatment, or care of persons who are suffering from illness, injury, infirmity, or deformity or other physical condition for which obstetrical, medical, or surgical services would be available and appropriate and which operates or is affiliated with facilities for the overnight care, observation, or recovery of those persons. See Louisiana Revised Statutes 40:2102
A. Each emergency department operating in Louisiana shall be licensed by the department as a part of a hospital under the Hospital Licensing Law, La. Rev. Stat. 40:2100 et seq., either as a part of the hospital’s main campus or as a separate off-site campus of an existing licensed hospital.
B. Freestanding emergency departments shall be prohibited in Louisiana.
C. The department shall not issue a license to any off-site campus emergency department within the primary service area of a rural hospital. For purposes of this Section, “primary service area” for a rural hospital created or ratified pursuant to laws providing for hospital service districts, La. Rev. Stat. 46:1051 et seq., shall be coterminous with the boundaries of its hospital service district. For all other rural hospitals, the primary service area shall have the same meaning as set forth in La. Rev. Stat. 37:1307(6). However, the prohibition in this Subsection shall not apply to a nonprofit licensed hospital that complies with the provisions of Subsection A of this Section and that has obtained a building or construction permit for a new off-site campus or hospital prior to April 1, 2019.
Acts 2019, No. 438, §1.