MENTAL HEALTH: Requires certain behavioral health services for patients receiving treatment pursuant to an emergency certificate

ENROLLED
2026 Regular Session
HOUSE BILL NO. 1139
BY REPRESENTATIVE FISHER
1 AN ACT
2 To amend and reenact R.S. 28:53.1, relative to behavioral healthcare services; to require
3 certain procedures upon admission and discharge; to provide for patients admitted
4 to treatment pursuant to an emergency certificate; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 28:53.1 is hereby amended and reenacted to read as follows:
7 §53.1. Discharge Requirements; medical evaluation; discharge plan; healthcare
8 provider notification requirements
9 A. If a patient is admitted for inpatient behavioral healthcare services
10 pursuant to an emergency certificate issued in accordance with R.S. 28:53, the
11 admitting healthcare facility shall provide certain services upon admission and
12 discharge.
13 B. Within seventy-two hours of admission, the healthcare facility shall do
14 all of the following:
15 (1) Ensure that a licensed healthcare professional conducts a behavioral
16 health evaluation of the patient for underlying behavioral conditions.
17 (2) Contact the patient's primary healthcare provider or licensed healthcare
18 professional providing behavioral health services, if known, to establish a patient
19 treatment history.
20 C. Upon discharge, the individual who is responsible for discharge planning
21 at the healthcare facility where the patient has been admitted shall make a reasonable
22 effort to do all of the following:
23 (1) Provide written or telephonic notification to any healthcare professional
24 that is currently providing behavioral health services or primary care services to the
25 patient, if known, of the date and time that the patient is scheduled to be discharged
26 unless the patient objects to that information being communicated. If the patient
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CODING: Words in struck through type are deletions from existing law; words underscored
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HB NO. 1139 ENROLLED
1 does not have a healthcare professional who is currently providing behavioral health
2 services, the discharging healthcare facility shall refer the patient to the appropriate
3 healthcare service, including behavioral and primary care providers.
4 (2) Provide written or telephonic notification within twenty-four hours of
5 discharge to any healthcare professional that the patient is being referred to for
6 follow-up behavioral health services. The healthcare professional that the patient is
7 being referred to shall be provided with a summary of the patient's medical history
8 and any current mental health conditions that the patient is suffering from at the time
9 of discharge. The summary shall be transmitted no later than the date that the patient
10 has been scheduled for follow-up behavioral services.
11 (3) Provide to the patient educational documents published by the Louisiana
12 Department of Health prior to or at the time of discharge. The Louisiana Department
13 of Health shall create and publish educational documents that provide information
14 directed to the patient and the patient's family members, caregivers, or friends about
15 the warning signs of self-harm and the importance of seeking behavioral health
16 services after an admission pursuant to an emergency certificate has ended. The
17 documentation shall instruct the patient and the patient's family members, caregivers,
18 or friends to seek assistance from a healthcare professional to provide ongoing care
19 and clarify that medical privacy laws do not prevent a family member, friend, or
20 other loved one from communicating the patient's condition to a healthcare
21 professional treating the patient.
22 (4) Ensure that the patient is provided with the appropriate prescriptions.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.