EXECUTIVE ORDER
BJ 08-81

Licensed Bed Capacity for Nursing Homes


WHEREAS, the state of Louisiana desires to promote and protect the health, safety, and well-being of all Louisiana residents, and specifically those residents in nursing facilities;

WHEREAS, the state of Louisiana desires to ensure the protection of such residents in nursing facilities in times of declared emergencies;

WHEREAS, R.S. 40:2116(D)(2) prohibits the Department of Health and Hospitals from approving additional beds in nursing facilities;

WHEREAS, the state of Louisiana desires that residents in nursing facilities be able to temporarily evacuate to safe sheltering locations during an emergency; and

WHEREAS, the state of Louisiana, recognizing the potential significance of Hurricane Gustav, desires to minimize the impact of the hurricane on the residents of nursing facilities;

NOW THEREFORE, I, BOBBY JINDAL, Governor of the state of Louisiana, by virtue of the authority vested by the Constitution and the laws of the state of Louisiana, do hereby order and direct as follows:

SECTION 1: The secretary of the Department of Health and Hospitals may, at his discretion, establish such protocols, policies, and procedures as to allow a licensed nursing facility which accepts or receives evacuated residents to temporarily exceed its licensed bed capacity in the event of a declared emergency.

SECTION 2: The secretary of the Department of Health and Hospitals may establish such protocols, policies, and procedures without strict compliance with the requirements and provisions of the Administrative Procedure Act.

SECTION 3: This Order is effective upon signature and shall remain in effect until amended, modified, terminated, or rescinded by the governor, or terminated by operation of law.

IN WITNESS WHEREOF , I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the city of Baton Rouge, on this 30th day of August, 2008.

Bobby Jindal
Governor

ATTEST BY
THE GOVERNOR
Jay Dardenne
Secretary of State