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HB792House

Provides relative to the creation of screening procedures for the purpose of testing inmates for certain infectious diseases

Provides relative to the creation of screening procedures for the purpose of testing inmates for certain infectious diseases

StatusIntroduced
Last ActionMar 9, 2026
CommitteeAdministration of Criminal Justice
Pre-filed
Introduced
Committee
Floor
Passed
Signed
2026 Regular Session
Bill AnalysisAI Analysis
AI-generated summary · Updated Mar 3, 2026 · Not legal advice

House Bill 792 establishes a comprehensive infectious disease screening program for Louisiana inmates by enacting Louisiana Revised Statute 15:831.1 and amending the public records exemptions in R.S. 44:4.1(B)(8). The new statute requires the Department of Public Safety and Corrections to create standardized screening procedures to test inmates for HIV and hepatitis C virus at both state correctional facilities and participating parish prisons and jails. The legislation defines key terms including "correctional facility," "inmate," "screening procedures," and "reflex testing" protocols, and mandates that screening occur at intake or as soon as reasonably practicable for inmates expected to remain incarcerated at least seventy-two hours or deemed clinically appropriate for testing. Inmates retain the right to decline participation, and any refusal must be documented in medical records without affecting classification, privileges, or service eligibility.

The bill directly impacts the Department of Public Safety and Corrections, which bears responsibility for funding treatment based on positive test results through state appropriations, pharmaceutical subscription agreements, Medicaid coverage when eligible, or other federal funding sources. Parish sheriffs and governing authorities are explicitly relieved of financial responsibility for antiviral or antiretroviral medications prescribed following positive tests, though they may elect to implement screening procedures at their facilities subject to legislative appropriations. The department must reimburse participating parish facilities for screening costs including laboratory services, phlebotomy supplies, administrative reporting, and medical evaluation necessary for treatment initiation, with reimbursements due within sixty days of proper documentation. Inmates receive protections against discriminatory treatment, and the legislation prioritizes treatment initiation for those with longer expected custody periods, advanced clinical staging, or Department custody status, while ensuring discharge planning and continuity of care for those not initiated on treatment while incarcerated.

The statute operates within Louisiana's broader corrections and public health legal framework, adding to the established structure of inmate rights and departmental obligations under Title 15 of the Louisiana Revised Statutes. The public records exception added to R.S. 44:4.1(B)(8) classifies all test results and medical records obtained under the program as confidential medical information, disclosable only in accordance with applicable state and federal privacy laws including HIPAA and Louisiana's medical privacy protections. The legislation requires the Department to submit annual reports to the House Committee on Administration of Criminal Justice and Senate Committee on Judiciary C detailing screening numbers, positive test results, treatment initiation rates, completion rates, and fiscal impact. The department may promulgate administrative rules under the Administrative Procedure Act to implement the program, and the provisions applicable to parish facilities remain subject to legislative appropriation. The effective date of July 1, 2027, allows time for regulatory development and appropriations planning.

AI-Generated Summary — For Reference Only. This summary was generated by artificial intelligence and may contain errors, misstatements, omissions, inconsistencies, or inaccuracies. It does not constitute legal advice and should not be relied upon as an authoritative interpretation of the bill or applicable law. Users should consult the official bill text, Louisiana Revised Statutes, and other primary legal authorities when forming any legal, regulatory, or policy conclusions. SessionSource assumes no liability for decisions made in reliance on AI-generated content.

Legislative History
Mar 9, 2026House
Read by title, under the rules, referred to the Committee on Administration of Criminal Justice.
Feb 27, 2026House
Prefiled.
Feb 27, 2026House
Under the rules, provisionally referred to the Committee on Administration of Criminal Justice.
Feb 27, 2026House
First appeared in the Interim Calendar on 2/27/2026.
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Bill Details
Bill NumberHB792
Session2026 Regular Session
ChamberHouse
TypeHouse Bill
StatusIntroduced
CommitteeAdministration of Criminal Justice
IntroducedFebruary 28, 2026
Last Action DateMarch 9, 2026
Last ActionRead by title, under the rules, referred to the Committee on Administration of Criminal Justice.
Sponsor & Authors
W
Primary Sponsor
Wayne McMahen
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Session Context
Session2026 Regular Session
ConvenesMarch 9, 2026
Sine DieJune 1, 2026 (6pm)
Day 42
of the 2026 regular session

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