Legal Blog

Legislative Update: 2016 Regular Session

Included in this legislative update

House Bill No.’s 195; 480; 537; 570
Senate Bill 107

House of Representative Legislative Update

House Bill 195 amends La. R.S. 40:1231.8(A) (1)(c) and (5) and 1237.2(A)(1)(c) and (5). The commencement of the period within which to pay fees due for the filing of a medical-review-panel request is changed from 45 days from the date the Division of Administration or Patient’s Compensation Fund mails the confirmation of receipt of the request to 45 days from the date of receipt of the confirmation by the claimant.

House Bill 480 amends La. R.S. 37:1271(B) (2) and (3) and enacts La. R.S. 37:1271.1. Physicians who possess an unrestricted license and who practice telemedicine in licensed health-care facilities are allowed to prescribe controlled substances “without the necessity of conducting an appropriate in-person patient history or physical examination of the patient as would otherwise be required by R.S. 37:127(B)(2).”

House Bill 537 amends La. R.S. 40:1165.1(A)(2)(b)(i) and (ii). Copies of the entirety of medical records may be obtained in the form “in which they exist.” If the records exist in both digital and paper form, “the maximum limit of one hundred dollars shall apply only to the portion of records stored in digital form.”

House Bill 570 amends La. R.S. 37:1271(B) (2)(b) and (4) and La. R.S. 40:1223.3(5) and 1223.4(A), and enacts La. R.S. 37:1271(B)(6) and La. R.S. 40:1223.5. The requirement that a “telemedicine physician” maintain an office in Louisiana is repealed. Telemedicine physicians may now “utilize interactive audio without the requirement of video” if, after reviewing the patient’s medical records, “the physician determines that he is able to meet the same standard of care” as if the medical care were provided in person. Venue for lawsuits that involve care rendered via telehealth is proper in the district court:

in which the patient resides or in the district court having jurisdiction in the parish where the patient was physically located during the provision of the telehealth or telemedicine service. The patient is considered located at the originating site as defined in R.S. 40:1223.3.

Senate Legislative Update

Senate Bill 107 amends La. R.S. 36:251(A), (B) and (C)(1), enacts La. R.S. 49:191(9) (b), and repeals La. R.S. 49:191(6)(d). The name of the Department of Health and Hospitals has been changed to Louisiana Department of Health.

The author may be contacted at:

Kristin M. Lausten
New Orleans, Louisiana
Telephone: 504.377.6585
E-mail: kristin@kristinlausten.com
Web: www.kristinlausten.com

This article is provided as an educational service for general informational purposes only. The material does not constitute legal advice or rendering of professional services.