Who had to pay to operate St. Mary Parish's health units if the parish had no state maintenance contract?
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This page answers the general question as of 2000. Ask about yours and see what current Louisiana law means for your facts, with citations you can check.
Plain-English summary
A state representative asked who was responsible for operating and maintaining St. Mary Parish's health units. In 2000, the attorney general's office said the parish governing authority had to provide a health unit and adequate means for its maintenance and operation. It placed that obligation on the parish, rather than the Department of Health and Hospitals.
The opinion recognized a contractual route under La. R.S. 40:26: a parish and the department could agree annually on establishment or partial maintenance of a health unit. The department told the office that no parish maintenance contracts existed at the time. The office therefore concluded that St. Mary Parish had to fund and maintain its units absent such an agreement.
Currency note
This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Parish governing authorities at the time
The office read La. R.S. 40:12 and 40:13 as assigning the parish responsibility to provide a health unit and ample means to operate and maintain it. It said a contract under La. R.S. 40:26 could address the state's role in establishment or partial maintenance.
Health department officials at the time
The opinion did not assign the parish's default maintenance obligation to the Department of Health and Hospitals. Its syllabus described the department's role as supervision and advice to parish health units.
Parish budget officers at the time
For St. Mary Parish, the opinion placed the funding obligation on the parish in the absence of a La. R.S. 40:26 agreement. It did not identify a department contract then in force for any parish.
Common questions
Q: Did the state health department have to pay for St. Mary Parish's health units?
A: The opinion said the maintenance and operation obligation rested with the parish absent a contract under La. R.S. 40:26.
Q: Could a parish arrange for state participation in health unit maintenance?
A: Yes. The statute quoted in the opinion allowed the parish and the department to contract or agree annually for establishment or partial maintenance, with the parish providing housing for the unit in that case.
Q: Did the attorney general identify an existing maintenance contract?
A: No. The opinion reported that the department had told the office there were no parish maintenance contracts at that time.
Background and statutory framework
La. R.S. 40:12, as quoted in the opinion, required each parish to provide a parish health unit or department. La. R.S. 40:13 required the governing body to provide ample means for maintenance, operation, and promotion of public health. La. R.S. 40:26 allowed an annual arrangement with the Department of Health and Hospitals for establishment or partial maintenance. The office applied these provisions to St. Mary Parish's units.
Citations and references
- La. R.S. 40:12 (parish health unit requirement)
- La. R.S. 40:13 (parish maintenance and operation duty)
- La. R.S. 40:26 (annual agreement with the department)
- Attorney General Opinion 00-325 (earlier related opinion mentioned by the office)
Source
- Landing page: https://www.ag.state.la.us/Opinions
- Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0368
Original opinion text
September 28, 2000
OPINION NUMBER 00-368
Rep. Jack D. Smith
State Representative District 50
St. Mary Parish, Courthouse
Suite 304
Franklin, Louisiana 70538
Dear Rep. Smith:
This office is in receipt of your opinion request regarding operation and maintenance of St. Mary Parish Health Units. In opinion number 00-325, our office addressed a similar issue involving the Department of Health and Hospitals' duties and/or obligations with regard to parish health units as described in La. R.S. 40:12 through 40:27.
The pertinent statutes to be reviewed in order to answer your questions include the following:
La. R.S. 40:12
Each parish of the state shall provide a health unit or department.
These units or departments shall be known as parish health units.
La. R.S. 40:13
The governing body of each parish shall provide ample means for the maintenance and operation of its parish health units or departments and for the promotion and conservation of public health. For the purposes of this Title they shall be known as parish health units.
If a municipality encompasses an entire parish, the municipal authorities shall, for the purposes of this Part, be known as parish authorities.
La. R.S. 40:26
A. The governing body of a parish may contract, or mutually agree on an annual basis, with the Department of Health and Hospitals on or before November 1 of any calendar year, for the establishment and/or partial maintenance of the parish health unit and a full-time health officer. In such case the parish shall provide housing for said health unit. The governing body of the parish may appropriate
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Rep. Jack D. Smith
OPINION NUMBER 00-368
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and disburse funds for the support of the unit jointly with state and/or federal funds as furnished by the Department of Health and Hospitals within the terms of a state fiscal year budget having the approval of both the parish and state. …
A reading of the above statutes shows that the parish governing authority has the duty to provide a health unit or department as well as providing ample means for the maintenance and operation of such units or departments. That obligation is on the parish and not the Department of Health and Hospitals.
La. R.S. 40:26 provides for contractual agreements on the establishment and maintenance of a parish health unit. The statute specifically provides for a governing body of the parish and the Department of Health and Hospitals to contract annually for such maintenance. The Department of Health and Hospitals has provided information to our office that there are no contracts with any parish regarding the maintenance of parish health units at this time.
In conclusion, it's the opinion of this office that the Parish of St. Mary has the duty and obligation to provide funding for the maintenance and operation of its parish health units absent some contractual agreement under the provisions of La. R.S. 40:26 as cited above.
Should you have any questions or comments please do not hesitate to contact our office.
Yours very truly
RICHARD P. IEYOUB
ATTORNEY GENERAL
BY: ________
CHARLES H. BRAUD, JR.
Assistant Attorney General
RPI:CHB, Jr./mjb
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Rep. Jack D. Smith
OPINION NUMBER 00-368
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OPINION NUMBER 00-368
SYLLABUS
49 - HEALTH - Louisiana State Board of Health including parish boards of health.
90 - POLICE JURIES - Powers & Functions Department of Health and Hospitals provide supervision and advice to parish health units. The parish governing authorities are responsible for the units' maintenance and operation.
Rep. Jack D. Smith
State Representative District 50
St. Mary Parish, Courthouse
Suite 304
Franklin, Louisiana 70538
Date Received:
Date Released: September 28, 2000
CHARLES H. BRAUD, JR.
Assistant Attorney General
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