Act. 367 ( House Bill 291)

Act 367 of the 2023 Regular Session enacts reforms that provide for visitation policies at certain healthcare facilities and requires that such policies allow for in-person visitation. Effective August 31, 2023, the new requirements are as follows:

Hospital, Nursing Home, or Other Healthcare Facility

In accordance with R.S. 40:2005, any person eighteen years or older may designate those individuals who will not be denied access to visit him in-person during any stay in any hospital, nursing home, or other healthcare facility within the state of Louisiana.

Public Health Emergency

In accordance with R.S. 40:2005.1, hospitals, nursing homes, and adult residential care homes may allow members of the clergy to visit patients or residents during a public health emergency whenever a patient or resident or the legal or designated representative of the patient or resident requests the visit. Special consideration shall be given to patients or residents receiving end-of-life care.  In accordance with R.S. 40:2009.4, licensed nursing facilities may allow immediate family members and other designated persons to visit residents during a public health emergency whenever a resident or the legal or designated representative of the resident requests the visit. Special consideration shall be given to residents receiving end-of-life care.  In accordance with R.S. 40:2166.5, licensed adult residential care providers may allow immediate family members and other designated persons to visit residents during a public health emergency whenever a resident or the legal or designated representative of the resident requests the visit. Special consideration shall be given to residents receiving end-of-life care. In accordance with R.S. 40:2180.2, licensed intermediate care facilities for people with developmental disabilities may allow any close family member or legal representative of a resident of an intermediate care facilities for people with developmental disabilities to visit the resident during any state of public health emergency. 

Provision of Policies

A facility shall submit a written copy of its visitation policies and procedures to the Health Standards Section of the Louisiana Department of Health at the initial licensure survey. After licensure, the facility shall make its visitation policies and procedures available for review by the Louisiana Department of Health at any time, upon request. Within twenty-four hours after establishing the policies and procedures required by law, the facility shall make its policies and procedures easily accessible from the homepage of its website.

For more information on how to file a complaint against a non-compliant facility licensed by the Department, click here.

• Act 367 Legislation effective August 31, 2023