HB 1214

ENROLLED
 2026 Regular Session
  ACT No. 715
 HOUSE BILL NO. 1214
 BY REPRESENTATIVE MILLER
1AN ACT
2 To amend and reenact R.S. 28:21, 25.1(B), 451.2 (introductory paragraph), (1), and
3(9)(introductory paragraph), 451.4, and 451.6(A),  R.S. 36:251(C)(1), 253,
4254(B)(1)(a)(i), 257(A) and (C), and 258(A), (D), and (F), and R.S. 40:16.1(Section
5Heading), to enact       R.S. 36:253.1, 258(N), and 258.1, and to repeal R.S.
628:22.8(A)(2) and (3) and 451.2(9)(a) and (b), relative to the Louisiana Department
7of Health; to create the office of state health care facilities within the Louisiana
8Department of Health; to provide for the purposes, duties, and functions of the office
9of state health care facilities; to provide for the administration of certain healthcare
10facilities; to provide for the authority and duties of the secretary of the Louisiana
11Department of Health; to provide for the authority and duties of the offices of the
12Louisiana Department of Health; to provide for the of the executive office of the
13secretary; to provide for an effective date; and to provide for related matters.
14 Be it enacted by the Legislature of Louisiana:
15Section 1. R.S. 28:21, 25.1(B), 451.2(1) and (9)(introductory paragraph), 451.4, and
16 451.6(A) are hereby amended and reenacted to read as follows:
17§21. State psychiatric hospitals
18A. For purposes of this Part, "state psychiatric hospital" refers to the hospital
19at Jackson, known as the Eastern Louisiana Mental Health System, and the hospital
20at Pineville, known as the Central Louisiana State Hospital, which are designated as
21the hospitals for persons who have a mental illness or a substance-related or
22addictive disorder until such time as separate or other hospitals are established. The
23assistant secretary of the office of behavioral health of office of state health care
24facilities within the department may reorganize and consolidate the administration
25of the hospitals or facilities.
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1B. The assistant secretary of the office of behavioral health office of state
2health care facilities of within the department may establish inpatient or residential
3settings as independent or satellite facilities to these hospitals from funds presently
4allocated or to be allocated to these hospitals by the legislature.
5C. Any site designated under in accordance with this Section shall comply
6with any applicable local and state building or zoning ordinances and laws.
7D. Any site selected by the assistant secretary must be approved by the local
8governing authority.
9*        *        *
10§25.1. Establishment of Feliciana Forensic Facility; authorization to establish
11forensic facilities in New Orleans, Baton Rouge, Shreveport, and Alexandria
12Alexandria, and surrounding areas
13*        *        *
14B. The department may establish additional forensic facilities for the
15treatment of forensic patients in New Orleans, Baton Rouge, Shreveport, and
16Alexandria Alexandria, and surrounding areas as funds are appropriated by the
17legislature.
18*        *        *
19§451.2. Definitions
20As used in this Chapter, the following words, terms, and phrases shall have
21the meaning ascribed to them in this Section, except when the context clearly
22indicates a different meaning:
23(1) "Administrative units unit" means developmental centers and any other
24a unit established under the administration and supervision of the office.
25*        *        *
26(9) "Developmental center" means an administrative unit of the office under
27its administration, supervision, and control through which the office provides and
28develops developmental disabilities services and system capacity building efforts a
29state developmental facility operated and administered by the department through
30its office of state health care facilities. The office of state health care facilities shall
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1coordinate, as necessary, with the office for citizens with developmental disabilities
2to provide and develop developmental disabilities services. Developmental centers
3are responsible for: for planning and providing living options and other
4developmental disabilities services.
5*        *        *
6§451.4. State developmental centers; office for citizens with developmental
7disabilities of state health care facilities
8A. The office of state health care facilities shall administer, supervise, and
9be responsible for the operation of state developmental centers providing
10developmental disabilities services.
11B. Pinecrest Supports and Services Center is continued as an administrative
12unit of this the office of state health care facilities.
13C. Central Louisiana Supports and Services Center shall be an administrative
14unit of this the office of state health care facilities.
15D.   The facility administrator of each center shall recommend to the
16executive director of the office of state health care facilities and the secretary of the
17Louisiana Department of Health policies and procedures necessary for the proper and
18orderly operation of the facility. Such policies and procedures shall be consistent
19with principles of this Chapter, office policies, and all applicable federal and state
20laws and regulations. Policies and procedures developed pursuant to this Subsection
21shall not be implemented until approved by the secretary.
22*        *        *
23§451.6. Assignment of property rights
24A. By receiving services from and living in a licensed, state-operated,
25twenty-four-hour residential facility provided by or through the office department,
26the person shall be deemed to have made an assignment to the department of his
27right, title, and interest in any property he owns, including interest in any trust or
28succession, up to the cost of the services actually provided. The portion of property
29and all assets which, pursuant to federal regulations or statute, the person may retain
30and still maintain eligibility for coverage under in accordance with Title XIX of the
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1Social Security Act programs or successor programs shall be exempt from such
2assignment.
3*        *        *
4Section 2. R.S. 36:251(C)(1), 253, 254(B)(1)(a)(i), 257(A) and (C), and 258(A), (D),
5 and (F) are hereby amended and reenacted and R.S. 36:253.1, 258(N), and 258.1 are hereby
6 enacted to read as follows:
7§251. Louisiana Department of Health; creation; domicile; composition; purpose
8and functions
9*        *        *
10C.(1) The Louisiana Department of Health shall be composed of the
11executive office of the secretary, the office of the surgeon general, the office of
12management and finance, the office of public health, the office of behavioral health,
13the office for citizens with developmental disabilities, the office of aging and adult
14services, the office on women's health and community health, the office of state
15health care facilities, and such other offices as shall be created by law.
16*        *        *
17§253. Secretary of health and hospitals the Louisiana Department of Health
18There shall be a secretary of health and hospitals the Louisiana Department
19of Health, who shall be appointed by the governor with consent of the Senate and
20who shall serve at the pleasure of the governor at a salary fixed by the governor,
21which salary shall not exceed the amount approved for such position by the
22legislature while in session. The secretary shall serve as the executive head and chief
23administrative officer of the Louisiana Department of Health and shall have the
24responsibility for the policies of the department, except as otherwise provided by this
25Title, and for the administration, control, and operation of the functions, programs,
26and affairs of the department; provided that the secretary shall perform his functions
27under the general control and supervision of the governor.
28§253.1. Executive office of the secretary; duties and functions
29A. The secretary shall directly supervise, direct, and control the executive
30office of the secretary and the office of state health care facilities.
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1B. The secretary shall determine the duties and functions of the executive
2office of the secretary and the office of state health care facilities and shall control
3and exercise all duties and functions.
4§254. Powers and duties of the secretary of the Louisiana Department of Health
5*       *  *
6B. The secretary shall have authority to:
7(1)(a) Except as otherwise specifically provided in R.S. 36:801 and 803:
8(i) Employ, appoint, remove, assign, and promote such personnel as is
9necessary for the efficient administration of the executive office of the secretary and
10the office of state health care facilities and the performance of its their powers,
11duties, functions, and responsibilities and such other personnel, who are not assigned
12to an office, as may be necessary for the efficient administration of the department
13and for the performance of the responsibilities, powers, duties, and functions of
14agencies transferred to it.
15*       *  *
16§257. Assistant secretaries
17A. Each office within the Louisiana Department of Health, except the
18executive office of the secretary, the office of management and finance, the office
19of state health care facilities, and the office of the surgeon general, shall be under the
20immediate supervision and direction of an assistant secretary, who shall be appointed
21by the governor with consent of the Senate. Each shall serve at the pleasure of the
22governor and shall be paid a salary which shall be fixed by the governor, which
23salary shall not exceed the amount approved for such position by the legislature
24while in session.
25*       *  *
26C. Except as otherwise provided in R.S. 36:801, each assistant secretary shall
27employ, appoint, remove, assign, and promote such personnel as is necessary for the
28efficient administration of his office and its programs and the performance of its
29powers, duties, functions, and responsibilities, in accordance with applicable civil
30service laws, rules, and regulations, and with policies and rules of the department,
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1all subject to budgetary control and applicable laws. In the event of an extended
2absence or vacancy in the position of an assistant secretary, the secretary may act on
3behalf or in lieu of the assistant secretary including as appointing authority for
4personnel actions.
5*       *  *
6§258. Offices; purposes and functions
7A. The purposes for which the offices, except for the executive office of the
8secretary and the office of management and finance, of the Louisiana Department of
9Health are created shall be set forth in this Section.
10*       *  *
11D. The office for citizens with developmental disabilities shall be responsible
12for the programs and functions of the state relating to the care, training, treatment,
13and education of persons with intellectual disabilities, persons with developmental
14disabilities, and persons with autism. It shall administer coordinate as needed with
15the office of state health care facilities regarding residential and day care facilities
16of the state for persons with intellectual disabilities and persons with developmental
17disabilities.
18*       *  *
19F. The office of aging and adult services shall be responsible for the
20programs and functions of the Louisiana Department of Health related to the
21long-term care of the elderly and the protection and long-term care of persons with
22adult onset disabilities. It shall administer the residential state-operated nursing
23homes, the Villa Feliciana Medical Complex, the protection services program of
24adults from ages eighteen to fifty-nine, the department's long-term support and
25services programs, the State Personal Assistance Services program, the Community
26and Family Support Program, the Traumatic Brain and Spinal Cord Injury Trust
27Fund, as well as other related programs within the department.
28*       *  *
29N. The office of state health care facilities shall be responsible for leading
30and coordinating efforts with the Louisiana Department of Health to administer the
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1operation of state health care facilities provided for in R.S. 36:258.1. The office of
2state health care facilities shall be responsible for compliance with state and federal
3regulations and requirements for state health care facilities under its administration.
4§258.1 Office of state health care facilities
5A. The Louisiana Department of Health, office of state health care facilities
6shall administer and coordinate all of the following facilities:
7(1) The state psychiatric hospital in Jackson, Louisiana, known as Eastern
8Louisiana Mental Health System, in accordance with R.S. 28:21.
9(2) The state psychiatric hospital in Pineville, Louisiana, known as Central
10Louisiana State Hospital, in accordance with R.S. 28:21.
11(3) The state forensic hospital in Jackson, Louisiana, known as Feliciana
12Forensic Facility, in accordance with R.S. 28:25.1.
13(4) The geriatric hospital, including its skilled nursing facility unit, at
14Jackson, Louisiana, known as Villa Feliciana Medical Complex, in accordance with
15R.S. 28:22.7.
16(5)     The state developmental center for persons with developmental
17disabilities, known as Pinecrest Supports and Services Center, accordance with R.S.
1828:22.8.
19(6)     The state developmental center for persons with developmental
20disabilities, known as Central Louisiana Supports and Services Center, in accordance
21with R.S. 28:22.8.
22(7) Any other licensed state health care facility upon appropriation by the
23legislature.
24B. The department shall employ an executive director of the office of state
25health care facilities who shall report directly to the secretary.
26C. Each administrator or chief executive officer of a facility provided for in
27Subsection A of this Section shall report directly to the executive director of the
28office of state health care facilities.
29D. The office of state health care facilities may obtain licensure and
30certification for and may operate such other state health care facilities as funds for
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1such are appropriated by the legislature. State health care facilities may include
2inpatient, residential, outpatient, and day programs.
3Section 3. R.S. 40:16.1 (Section Heading) is hereby amended and reenacted to read
4 as follows:
5§16.1.       Proceeds of any sale of the state facilities owned by the Louisiana
6Department of Health, office of behavioral health
7*       *  *
8Section 4. R.S. 28:22.8(A)(2) and (3) and 451.2(9)(a) and (b) are hereby repealed
9 in their entirety.
10Section 5. The Louisiana Department of Health is authorized to transfer funding and
11 positions within the department to establish and implement the office of state health care
12 facilities.
13Section 6. The provisions of R.S. 36:258(F) as amended and reenacted by Section
14 3 of this Act shall supersede the provisions for R.S. 36:258(F) as amended and reenacted by
15 Section 3 of Act No. 384 of the 2013 Regular Session of the Legislature when Section 1 of
16 Act No. 384 of the 2013 Regular Session of the Legislature becomes effective.
17Section 7. This Act shall become effective on October 1, 2026.
  SPEAKER OF THE HOUSE OF REPRESENTATIVES
  PRESIDENT OF THE SENATE
  GOVERNOR OF THE STATE OF LOUISIANA
 APPROVED:
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