EXECUTIVE ORDER KBB 05-64

Emergency Suspension of Certain Provisions Regarding Temporary Inoperable Hospitals Affected by Hurricane Katrina -- Extension of Executive Order No. KBB 05-7


WHEREAS, Executive Order No. KBB 2005-37, issued on September 19, 2005, suspended certain statutes regarding a hospital license when that hospital is deemed inoperable, and also the procedures for closure of a hospital upon cessation of business due to the consequences of Hurricane Katrina and its aftermath;

WHEREAS, Executive Order No. KBB 2005-37, issued on September 19, 2005, is in effect until October 25, 2005; and

WHEREAS, the secretary of Department of Health and Hospitals has requested that this Order be extended for an additional thirty (30) days;

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

SECTION 1: Section 1 of Executive Order No. KBB 2005-37, issued on September 19, 2005, is amended as follows:

Until Wednesday, November 30, 2005, LAC 48:I.9305(B)(3), which voids a hospital license once a hospital ceases to operate, is hereby suspended to the extent it applies to any hospital located in the parishes of Jefferson, Orleans, Plaquemines, and St. Bernard that have ceased to operate or provide services to the community as a consequence of Hurricane Katrina and its aftermath. This suspension applies only to the extent that such regulation automatically voids a license when a hospital ceases to operate. [Any hospital located in any other parish that ceases to operate or any ownership changes of a hospital located in any parish statewide shall continue to void a hospital's license as provided in LAC 48:I.9305(B)(3).]

SECTION 2: Section 2 of Executive Order No. KBB 2005-37, issued on September 19, 2005, is amended as follows

Until Wednesday, November 30, 2005, LAC 48:I.9307, which provides procedures for the closure of a hospital upon cessation of business is hereby suspended to the extent that it applies to any hospital located in the parishes of Jefferson, Orleans, Plaquemines, and St. Bernard that have ceased to operate or provide services to the community as a consequence of Hurricane Katrina and its aftermath. Any hospital located in any other parish that ceases to operate shall continue to be required to follow the procedures outlined in LAC 48:I-9307.

SECTION 3: All other paragraphs, subsections, and sections of Executive Order No. KBB 2005-37, issued on September 19, 2005, shall remain in full force and effect until Wednesday, November 30, 2005.

SECTION 2: This Order is effective upon signature and shall continue in effect until Wednesday, November 30, 2005, unless amended, modified, terminated, or rescinded by the governor, or terminated by operation of law prior to such time.

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 18th day of October, 2005.

Kathleen Babineaux Blanco
Governor

ATTEST BY
THE GOVERNOR
Al Ater
Secretary of State