§2180.2. Promulgation of rules

            The department shall promulgate, in accordance with the Administrative Procedure Act, licensing standards, rules, and regulations regarding but not limited to the following:

            (1) Licensure application procedures and requirements.

            (2) Operational and personnel requirements.

            (3) Practice standards to assure quality of supports and services.

            (4) Survey and complaint investigations.

            (5) Initial and annual renewal of license investigations.

            (6) Issuance of a provisional license.

            (7) Denial, revocation, and non-renewal of licenses and the appeals thereof.

            (8) Planning, construction and design to ensure the health, safety, and comfort of persons receiving services.

            (9) Such other regulations of standards as will ensure proper care and treatment as may be deemed necessary for an effective administration of this Part.

            (10) The establishment of new or replacement facilities or reestablishment of facilities that have sustained substantial structural damage from a hurricane or substantial structural damage from flooding which are located in areas subject to hurricanes, tidal surges, or flooding. An architect or civil engineer registered in the state shall determine whether a facility has sustained substantial structural damage from a hurricane or substantial structural damage from flooding in accordance with the Louisiana State Uniform Construction Code. The regulations adopted by the department shall include but not be limited to:

            (a) Requirements of building and construction codes and guidelines.

            (b) Restrictions of locations of newly approved facilities that are subject to the provisions of the facility need review process.

            (c) Provisions for the fair allocation of the Medicaid share of facility specific costs directly incurred by a facility as a result of compliance.

            (d) Provisions for reasonable time periods for compliance, not to exceed three years, except when extensions are granted by the department for good cause.

            (11)(a) Provisions to allow any close family member of a resident of an ICF/DD to visit the resident during any state of public health emergency declared in accordance with R.S. 29:766 or to address the infectious respiratory disease known as COVID-19. The rules shall include but not be limited to the following:

            (i) Authorization of visitation for close family members.

            (ii) Minimum requirements for visitation, including length of visit, location of the visit, and the right to consensual nonsexual physical contact such as hand-holding or hugging.

            (iii) Requirements for visitors, including health screenings, testing, and personal protective equipment. However, the rules may not require visitors to submit proof of any vaccination or immunization.

            (iv) Limitations on visitation due to health, safety, and welfare issues, including limitations of visitation provided in an executive order of the governor of the state or an order of the state health officer due to the public health emergency.

            (v) Prohibition of visitation by any close family member who is infected with COVID-19.

            (vi) Provisions for off-site visitation, allowing a close family member to visit an ICF/DD resident away from the facility campus, including requirements for allowing the resident to return to the facility upon certain conditions including testing and isolation.

            (vii) Provisions for determinations of dispute resolutions regarding deficiencies related to visitation during a declared health emergency or related to COVID-19, including provisions, subject to federal requirements, for determinations to be issued by the department within thirty-five days after receipt of the request by a facility for an informal dispute resolution of the deficiencies.

            (b) The rules promulgated pursuant to this Paragraph shall be preempted by any federal statute, federal regulation or guidance from a federal government agency that requires an ICF/DD to restrict resident visitation in a manner that is more restrictive than the rules adopted by the department pursuant to this Paragraph.

            (c) For purposes of this Paragraph, "close family member" shall mean a parent, step-parent, sibling, step-sibling, aunt, uncle, child, step-child, spouse, mother-in-law, father-in-law, grandparent, grandchild, or legal representative of the ICF/DD resident.

            (12) The Louisiana Department of Health shall develop and implement policies and procedures to require ICF/DD providers to notify new residents and their families and guardians of sex offenders living in their facilities upon admission. The notification shall continue for as long as the information is considered a public record. During the annual licensing process, health standards surveyors shall verify the providers' compliance with the policy.

            Acts 2005, No. 128, §1, eff. June 22, 2005; Acts 2005, 1st Ex. Sess., No. 41, §1, eff. Dec. 6, 2005; Acts 2008, No. 409, §1, eff. June 21, 2008; Acts 2020, 2^nd Ex. Sess., No. 27, §1, eff. Oct. 28, 2020; Acts 2022, No. 531, §1; Acts 2023, No. 367, §1.