reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 7 - Human Immunodeficiency Virus/AIDS › Chapter 137 - Home Based Care › Section I-13703 - Covered Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. All services
				  provided under this program are to be performed in the home for HIV infected
				  clients at a physician's order. Visits are limited to a maximum of once a day
				  unless otherwise indicated.
B. Home
				  Based Care
1. Skilled nursing including but
				  not limited to:
a. medication preparation,
				  administration, and monitoring;
b.
				  care of peripheral and central access devices;
c. insertion, irrigation and maintenance of
				  foley catheters;
d. complex wound
				  care and dressing changes;
e.
				  oxygen therapy and monitoring and other respiratory therapy;
f. venipuncture for laboratory
				  studies;
g. client/significant
				  other education:
i. medications and adverse
				  effects;
ii. diet;
iii. self care;
iv. disease process;
v. treatments;
vi. custodial care;
vii. infection control procedures.
h. aerosolized pentamidine
				  treatments (IM pentamidine is not covered by this program);
i. palliative care focusing on pain relief
				  and symptom control.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 7 - Human Immunodeficiency Virus/AIDS › Chapter 137 - Home Based Care › Section I-13705 - Client Eligibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. Client
				  must be HIV infected and require medical and/or nursing intervention.
B. Client desires home based care as
				  determined and documented by the social worker/case manager, and client's
				  primary care physician.
C. Service
				  is not covered by any other third-party coverage. This program should be used
				  when all other sources of payment for home based care have been exhausted. This
				  program will supplement gaps in existing third-party coverage for services
				  listed including covering beyond the amount and frequency covered by
				  medicaid.
D. Client must have a
				  household income less than 200 percent of the federal poverty guidelines
				  updated annually and available resources less than $4,000 based on Medicaid
				  guidelines.
E. Client must have a
				  physician who will provide orders in writing or verbally to the agency prior to
				  the initiation of care, act as that client's primary care physician, maintain a
				  consistent plan, and communicate changes from the initial plan directly to the
				  agency or the physician must be willing to transfer the client to the care of
				  the agency physician. If verbal orders are given to the agency, written orders
				  must follow within 48 hours.
F.
				  Client is certified by the agency and the client's physician as not being in
				  need of acute care.
G. Client's
				  physician or physician's associates are available 24 hours a day by phone or
				  beeper or agrees that the home based care agency may refer the client to an
				  emergency room for problems.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 36:256 et
					 seq.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 7 - Human Immunodeficiency Virus/AIDS › Chapter 137 - Home Based Care › Section I-13707 - Agency Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Agency
				  is licensed home health care or hospice provider.
B. Agency will confirm client's eligibility
				  for the program as stated above before the initiation of care. If an agency
				  initiates care prior to eligibility confirmation, it will be financially
				  responsible for care for clients who are found to be ineligible for home based
				  care assistance.
C. The home care
				  nurse must obtain a clinical status report and home care orders from the
				  physician for the referred client prior to beginning care, will conduct a first
				  visit with the client and will develop a written plan of care. Progress notes
				  will be kept and the client will be recertified for home based care and the
				  plan of care updated at least every 60 days. The home based care nurse will
				  maintain ongoing communication with the physician and case manager in
				  compliance with Medicaid and Medicare Guidelines.
D. Home care will begin within 24 hours of
				  discharge from inpatient setting or referral from physician unless otherwise
				  specified.
E. Nurse will be
				  available for consultation on a 24 hour, seven day a week basis.
F. Agency will participate in the Ryan White
				  Consortium for the region to which they provide care and have a representative
				  present at a minimum of 50 percent of the monthly consortium
				  meetings.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 36:256 et
					 seq.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 7 - Human Immunodeficiency Virus/AIDS › Chapter 137 - Home Based Care › Section I-13709 - Application Guidelines

Current through Register Vol. 50, No. 6, June 20, 2024
A. A client
				  can be recommended for home based care services by the physician, nurse, social
				  worker, or case manager involved with the client's care. Client's eligibility
				  must be verified by the service agency and verification provided to the
				  department. Written orders for home based care services must be provided by the
				  client's physician.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 36:256 et
					 seq.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 7 - Human Immunodeficiency Virus/AIDS › Chapter 137 - Home Based Care › Section I-13711 - Termination

Current through Register Vol. 50, No. 6, June 20, 2024
A. Eligibility for
				  services under this program will be terminated if the client:
1. subsequently is determined to have a
				  household income greater than 200 percent of the federal poverty
				  line;
2. subsequently is determined
				  to have assets of greater than $4,000;
3. is not stable enough to be cared for
				  outside of the acute care setting as determined by the agency or the client's
				  physician;
4. moves from
				  Louisiana;
5. no longer has a
				  stable home environment appropriate for the provision of home based care as
				  determined by the agency or the case manager;
6. no longer desires home based
				  care;
7. no longer medically
				  requires home based care as determined by the agency or the
				  physician.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 7 - Human Immunodeficiency Virus/AIDS › Chapter 137 - Home Based Care › Section I-13713 - Reporting Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Agencies
				  will submit invoices for services provided as required. Agencies will provide
				  individual client service utilization reports as required under the Ryan White
				  Uniform Reporting System. All eligibility forms and the signed plan of
				  treatment are to be submitted within 48 hours of a referral.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 36:256 et
					 seq.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 7 - Human Immunodeficiency Virus/AIDS › Chapter 137 - Home Based Care › Section I-13715 - Fair Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Persons
				  requesting and denied services under this program are entitled to request a
				  conference and/or fair hearing to review the decision of the service
				  agency.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 36:256 et
					 seq.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 7 - Human Immunodeficiency Virus/AIDS › Chapter 137 - Home Based Care › Section I-13717 - Payment for Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. Payment for
				  home based care services delivered under this program will be made directly to
				  the service agency.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 36:256 et
					 seq.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 7 - Human Immunodeficiency Virus/AIDS › Chapter 137 - Home Based Care › Section I-13719 - Confidentiality

Current through Register Vol. 50, No. 6, June 20, 2024
The confidentiality of HIV and AIDS related information is
					 required in accordance with R.S. 40:38.5. Each disclosure of confidential
					 HIV-related information must be accompanied by the appropriate
					 release.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 36:256 et
					 seq.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 7 - Human Immunodeficiency Virus/AIDS › Chapter 137 - Home Based Care › Section I-13721 - Forms

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Department
				  of Health and Hospitals, Office of Management and Finance, HIV Program Office
				  has developed example forms that can be used in this program. These include
				  client eligibility checklist and release of medical information form. In
				  addition, a client service utilization report. While the specific forms do not
				  need to be used, the information contained on the forms must be collected and
				  provided to the department.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 36:256 et
					 seq.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 9 - Primary Health Care Services › Chapter 159 - Introduction › Section I-15901 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Act 819 (the
				  Act) defines
primary service area
of a rural hospital as the
				  smaller of either a radius of 25 miles from the rural hospital main campus or
				  the number of postal zip codes, commencing with the rural hospital's zip code,
				  in which 75 percent of a rural hospital's patients reside, as determined by
				  using data derived from the hospital's most recent 12 month Medicare cost
				  reporting period. In determining the primary service area, each outpatient
				  encounter and each inpatient stay shall be viewed as a separate patient, and
				  the zip code attributable to the patient shall be the zip code of the patient
				  at the time of the inpatient stay or outpatient encounter. The term
primary service area
does not include the cities of
				  Alexandria, Baton Rouge, Bossier City, Covington, Hammond, Houma, Kenner,
				  Lafayette, Lake Charles, Mandeville, Monroe, New Iberia, New Orleans,
				  Opelousas, Ponchatoula, Ruston, Shreveport, Slidell, Thibodaux, or West
				  Monroe.
B.
Rural
				  hospital
shall be defined as provided for in
				  R.S.40:1300.143, as
				  such law existed on April 1, 2006.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 37:1306-1310.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 9 - Primary Health Care Services › Chapter 159 - Introduction › Section I-15902 - Determination of Primary Service Area

Current through Register Vol. 50, No. 6, June 20, 2024
A. Geographic Determination. As of July 6
				  2007, Louisiana has 51 rural hospitals. The 25 miles radius of each rural
				  hospital has been identified by geocoding the zip code of each rural hospital
				  and the 25 miles radius surrounding each of these hospitals. A map depicting
				  the 25 miles radius surrounding each rural hospital is located at
				  www.dhh.la.gov. In accordance with the Act, the Bureau of Primary Care and
				  Rural Health will update the list of Louisiana's rural hospitals and their 25
				  mile radius annually and provide these updates on www.dhh.la.gov.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 37:1306-1310.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 9 - Primary Health Care Services › Chapter 159 - Introduction › Section I-15903 - Determining the Smaller of the Two Primary Service Area Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Department
				  of Health and Hospitals proposes the following process to determine if the
				  hospital's primary service area is the smaller of either the 25 miles radius of
				  the rural hospital or the number of postal zip codes, commencing with the rural
				  hospital's zip code, in which 75 percent of a rural hospital's zip code, in
				  which 75 percent of a rural hospital's patients reside, as determined by using
				  data derived from the hospital's most recent 12 month Medicare cost reporting
				  period.
1.
Primary service
				  area
will be defined as the 25 mile radius of the rural hospital
				  unless a formal request is made in writing to the Department of Health and
				  Hospital's Bureau of Primary Care and Rural Health for a determination on the
				  smaller of the two primary service area definitions. The request must include
				  the legal name and address of the entity requesting the determination, the name
				  and address of the rural hospital impacted by the request and the type of
				  healthcare facility that seeks to locate in the service area of the rural
				  hospital. Requests for this primary service area determination will be sent to
				  DHH-Bureau of Primary Care and Rural Health.
2. Within 30 days of receipt of the written
				  request for a primary service area determination, the Bureau of Primary Care
				  and Rural Health will request cost report data with service area zip codes from
				  the rural hospital identified in the request. Cost report data will be required
				  to be submitted to the Bureau of Primary Care and Rural Health within 30 days
				  of the bureau's request.
3. Within
				  30 days of receipt of this cost report data, the Bureau of Primary Care and
				  Rural Health will geocode and map the zip codes of the cost report data to
				  assess the primary service area of the rural hospital. The results of this
				  analysis will be provided to the party issuing the request for the primary
				  service area determination and the rural hospital impacted by the
				  request.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 11 - Community and Family Support System › Chapter 161 - Community and Family Support System-Flexible Family Fund › Section I-16101 - Introduction

Current through Register Vol. 50, No. 6, June 20, 2024
A. The first and
				  primary natural environment for all people is the family. Children, regardless
				  of the severity of their disability, need families and enduring relationships
				  with adults in a nurturing home environment. As with all children, children
				  with developmental disabilities need families and family relationships to
				  develop to their fullest potential. Services for persons with developmental
				  disabilities should be responsive to the needs of the individual and the
				  individual's family, rather than fitting the person into existing programs.
				  Flexible Family Fund assists families in keeping their child with a severe
				  developmental disability at home.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 28:821 et
					 seq.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 11 - Community and Family Support System › Chapter 161 - Community and Family Support System-Flexible Family Fund › Section I-16105 - Application Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applications
				  for flexible family fund will be accepted by email, fax, mail and in person in
				  the office of the local governing entity (LGE) for the region in which the
				  child resides. There is no closing date for accepting applications.
B. The responsible caregiver is responsible
				  for completing the application and submitting all required documentation
				  related to the application.
C.
				  Applications will be maintained on the waiting list by date/time order of
				  application, only in the region in which the child lives; no child may be
				  placed on a waiting list or receive a flexible family fund from more than one
				  region or agency.
D. For the
				  developmental disabilities exceptionalities, a completed application must be
				  submitted with appropriate documentation for a qualifying exceptionality.
				  Appropriate documentation includes one of the following:
1. the most recent, current within a year
				  individualized family services plan (IFSP) (for EarlySteps eligibility for
				  infants and toddlers until age three);
2. the most recent report, current within a
				  year, from the Louisiana Department of Education (LDOE) special school programs
				  pupil appraisal services showing the child's condition meets LDOE Bulletin 1508
				  criteria for one of the qualifying exceptionalities;
3. the most recent, current within a year,
				  signed by school staff and parent/guardian individualized education plan (IEP)
				  listing the child's exceptionality as one of the qualifying
				  exceptionalities;
4. a report,
				  current within a year, from a licensed health professional which states that a
				  child's condition conforms to standards established in the LDOE Bulletin 1508
				  for one of the qualifying exceptionalities;
5. a current, within a year independent
				  education evaluation (IEE) which states that a child's condition conforms to
				  standards established in the LDOE Bulletin 1508 for one of the qualifying
				  exceptionalities;
6. a current,
				  within a year approved home study plan with a current within three years LDOE
				  special school programs pupil appraisal services report showing the child's
				  condition meets LDOE Bulletin 1508 criteria for one of the qualifying
				  exceptionalities; or
7. an annual
				  individual plan, current within a year, signed by school staff and
				  parent/guardian, listing the child's exceptionality, created by schools
				  approved by the LDOE to provide educational services to children with one of
				  the qualifying exceptionalities, e.g., The school choice program for certain
				  students with exceptionalities; or
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 11 - Community and Family Support System › Chapter 161 - Community and Family Support System-Flexible Family Fund › Section I-16107 - Determining Children Eligible for the Flexible Family Fund

Current through Register Vol. 50, No. 6, June 20, 2024
A. The local
				  governing entity (LGE) shall be responsible for determination of eligibility of
				  all applicants for the flexible family fund for which they have
				  responsibility.
B. To be found
				  eligible for the flexible family fund on the basis of a qualifying
				  intellectual/developmental disability exceptionality, four criteria must be
				  satisfied:
1. A complete, signed application
				  must be submitted;
2. The
				  qualifying documentation must be submitted;
3. The child must meet the established
				  criteria on the intellectual/developmental disabilities (IDD) screening
				  checklist; and
4. The child must
				  meet the established level of severity as measured by the
				  intellectual/developmental disabilities severity screening instrument that is
				  specified in the LGE's policy manual.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 11 - Community and Family Support System › Chapter 161 - Community and Family Support System-Flexible Family Fund › Section I-16109 - Payment Guidelines

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  amount of the flexible family fund shall be $258 monthly to families of
				  eligible children with severe disabilities to assist them in keeping their
				  child at home; families may be asked to complete a survey periodically
				  indicating how the flexible family funds are used to assist in keeping their
				  child at home.
B. The termination
				  date for a child attaining age 18 years shall be the last day of the birthday
				  month.
C. If for any reason a
				  recipient receives excess flexible family funds, the agency may follow-up with
				  recoupment of funds.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 28:821 et
					 seq.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 11 - Community and Family Support System › Chapter 161 - Community and Family Support System-Flexible Family Fund › Section I-16111 - Terminations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Reasons for
				  termination may include the following:
1. the
				  responsible caregiver establishes residency or domicile outside
				  Louisiana;
2. family requests
				  termination of the flexible family fund stipend;
3. child is placed into a subsidized living
				  setting or resides in a school away from the home or in another
				  state;
4. death of the
				  child;
5. fraud;
6. termination or limitation of funding of
				  the program;
7. failure to comply
				  with the provisions of the individual agreement or the flexible family fund,
				  including the requirement to maintain quarterly contact with the LGE
				  administering the flexible family fund and the requirement to provide required
				  documentation;
8. child's
				  exceptionality or degree of severity no longer meets eligibility criteria;
				  or
9. child attains age 18
				  years;
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 11 - Community and Family Support System › Chapter 161 - Community and Family Support System-Flexible Family Fund › Section I-16113 - Ongoing Monitoring

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  responsible caregiver is responsible for maintaining contact with the LGE
				  administering the flexible family fund at least every 90 days to verify that
				  the child is in the home and the conditions of the individual agreement and
				  flexible family fund are being met.
B. Such quarterly contact shall be accepted
				  by mail, email, fax, face-to-face meetings and telephone provided the
				  responsible caregiver attests that the conditions of eligibility continue to be
				  in effect. Failure to report significant changes in the child's status as
				  described in
				  §16111 may
				  result in disqualification of the child to participate in the flexible family
				  fund.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 28:821 et
					 seq.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 11 - Community and Family Support System › Chapter 161 - Community and Family Support System-Flexible Family Fund › Section I-16115 - Appeals

Current through Register Vol. 50, No. 6, June 20, 2024
A. All persons
				  receiving an adverse eligibility determination shall have the right to request
				  a fair hearing from the Division of Administrative Law. Upon being terminated
				  from Flexible Family Fund, the family will receive written notification of
				  closure. The closure letter will include information about their right of
				  appeal and the process to make an appeal at the point of initial eligibility
				  determination and at termination of a Flexible Family Fund for any reason other
				  than exceeding the eligible age for participation in the program. Flexible
				  Family Fund stipends will continue for the duration of any appeal proceeding,
				  unless a recipient is terminated for exceeding the eligible age for
				  participation in the program.
B.
				  All persons receiving an adverse eligibility determination shall have 30
				  calendar days from the date on the letter notifying the person of the adverse
				  eligibility decision to request an appeal.
C. The local governing entity (LGE) will
				  prepare a summary of evidence upon being notified of an appeal.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 28:821 et
					 seq.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 11 - Community and Family Support System › Chapter 161 - Community and Family Support System-Flexible Family Fund › Section I-16117 - Ongoing Monitoring

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  responsible care giver is responsible to maintain contact with the agency
				  administering the flexible family fund at least every 90 days to verify that
				  the child is in the home and the conditions of the individual agreement and
				  flexible family fund are being met.
B. Such quarterly contact shall be accepted
				  by mails, e-mail, fax, face-to-face meetings and telephone provided the
				  responsible care giver attests that the conditions of eligibility continue to
				  be in effect; failure to report significant changes in the child status which
				  may result in disqualification to participate in the flexible family fund shall
				  be subject to termination of the subsidy.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 28:821 et
					 seq.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 11 - Community and Family Support System › Chapter 161 - Community and Family Support System-Flexible Family Fund › Section I-16119 - Appeals

Current through Register Vol. 50, No. 6, June 20, 2024
A. All persons
				  receiving an eligibility determination shall have access to the Department of
				  Health and Hospital's appeal process and shall be informed of their right of
				  appeal and the process to make an appeal at the point of initial eligibility
				  determination and at termination of a flexible family fund for any reason other
				  than exceeding the eligible age for participation in the program.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 28:821 et
					 seq.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 13 - Protective Services Agency › Chapter 171 - Division of Adult Protective Services › Section I-17101 - Statement of Policy

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  Department of Health and Hospitals is committed to preserving and protecting
				  the rights of individuals to be free from abuse, neglect, exploitation, or
				  extortion.
B. In pursuit of this
				  commitment and in accordance with the provisions of
				  R.S.
				  14:403.2, and R.S. 15:1501-15:1511 the
				  Department of Health and Hospitals names the Office of Aging and Adult
				  Services, Division of Adult Protective Services (APS) as the Protective
				  Services Agency in order to provide protection to persons ages 18-59 with
				  mental, physical, or developmental disabilities that substantially impair the
				  person's ability to provide adequately for his/her own protection.
C. The primary function of Adult Protective
				  Services is to investigate and/or assess reports of abuse, neglect,
				  exploitation, or extortion consistent with the criteria contained in R.S.
				  14.403.2 and R.S. 15:1501-15:1511 to determine if the situation and condition
				  of the subject of the report warrant further action and, if so, to prepare and
				  implement a plan aimed at remedying or improving the situation. Adult
				  Protective Services staff will provide protective services to each individual
				  in need of protection until that person's situation has stabilized, that person
				  is no longer at risk from the situation described in the report, or that
				  person, having demonstrated the capacity to do so, refuses
				  assistance.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 36:254, R. S. 14:403.2 and R.S.
					 15:1501-15:1511.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 13 - Protective Services Agency › Chapter 171 - Division of Adult Protective Services › Section I-17103 - Goals and Objectives

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  primary goal of the OAAS Division of Adult Protective Services is to prevent,
				  remedy, halt, or hinder abuse, neglect, exploitation, or extortion of
				  individuals in need of services as defined in this regulation and consistent
				  with the provisions of
				  R.S.
				  14:403.2 and R.S. 15:1501-15:1511. In order
				  to achieve this goal, Adult Protective Services shall pursue the following
				  objectives:
1. to establish a system of
				  mandatory reporting, intake, classification, timely investigation and response
				  to allegations of abuse, neglect, exploitation, and extortion;
2. to provide protective services to the
				  individual while assuring the maximum possible degree of self-determination and
				  dignity;
3. in concert with other
				  community service and health service providers, to arrange and facilitate the
				  process toward developing individual and family capacities to promote safe and
				  caring environments for individuals in need of protection;
4. to secure referral or admission to
				  appropriate alternative living arrangements if all efforts to maintain the
				  individual in his/her own home fail;
5. to assist individuals in need of
				  protection to maintain the highest quality of life with the least possible
				  restriction on the exercise of personal and civil rights;
6. to educate the general public, as well as
				  private and public service agencies, regarding the Protective Services Agency
				  and the requirements of
				  R.S.
				  14:403.2.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 13 - Protective Services Agency › Chapter 171 - Division of Adult Protective Services › Section I-17107 - Eligibility for Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  protection of this Rule extends to any adult as defined by law, 18-59 years of
				  age or emancipated minors, living in unlicensed community settings, either
				  independently or with the help of others, who is alleged to be abused,
				  neglected, exploited, or extorted.
B. There is no financial eligibility
				  requirement for services provided by Adult Protective Services.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 36:254,
					 R.S.
					 14:403.2 and R.S.
					 15:1501-15:1511.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 13 - Protective Services Agency › Chapter 171 - Division of Adult Protective Services › Section I-17109 - Reporting

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1. Any person having cause to believe that an
				  individual's physical or mental health or welfare has been or may be further
				  adversely affected by abuse, neglect, exploitation, or extortion shall report
				  that knowledge or belief. These reports can be made to:
a. Adult Protective Services;
				  and/or,
b. any local or state law
				  enforcement agency.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 13 - Protective Services Agency › Chapter 171 - Division of Adult Protective Services › Section I-17113 - Legal Interventions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  Adult Protective Services Agency may petition any court of competent
				  jurisdiction for the following types of orders. Except in the case of emergency
				  orders, the DHH Bureau of Legal Services shall be consulted for assistance in
				  preparing petitions:
1. order to be granted
				  access [R. S. 15:1507(C)];
2. order
				  of protective services [R. S. 15:1507(F) and 15:508];
a. to provide mandatory counseling;
b. enjoin the accused to prevent continued
				  abuse, neglect, exploitation or extortion;
c. require an medical or
				  psychiatric/psychological of the client to determine least restrictive
				  setting;
d. enjoin any party from
				  interfering with the provision of protective services;
e. provide protective services, if the adult
				  lacks capacity to consent and no other authorized person is available or
				  willing.
3. Ex parte
				  order for emergency protective services may be filed to prevent immediate harm,
				  and may be requested orally or telephonically when there is not time to file in
				  writing. Oral orders are to be followed with written petitions by close of
				  business of the following day.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 13 - Protective Services Agency › Chapter 171 - Division of Adult Protective Services › Section I-17115 - Confidentiality

Current through Register Vol. 50, No. 6, June 20, 2024
A. Information
				  contained in the case records of Adult Protective Services shall not be
				  released without a written authorization from the involved individual or
				  his/her legally authorized representative, except that the information may be
				  released to law enforcement agencies pursuing enforcement of criminal statutes
				  related to the abuse of the adult or the filing of false reports of abuse or
				  neglect, or to social service agencies, licensed health care providers, and
				  appropriate local or state agencies where indicated for the purpose of
				  coordinating the provision of services or treatment necessary to reduce the
				  risk to the adult from abuse, neglect, exploitation, or extortion and to state
				  regulatory agencies for the purpose of enforcing federal or state laws and
				  regulations relating to abuse, neglect, exploitation or extortion by persons
				  compensated through state or federal funds.
1. Requests for copies of confidential
				  information are to be forwarded to the APS Director, P.O. Box 3518, Bin #11,
				  Baton Rouge, La 70821.
2. In
				  instances where the adult is determined by Adult Protective Services as unable
				  to give consent and there is no legally appointed guardian, records may be
				  released in response to an order by a judge of a court of competent
				  jurisdiction.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 13 - Protective Services Agency › Chapter 171 - Division of Adult Protective Services › Section I-17117 - Immunity

Current through Register Vol. 50, No. 6, June 20, 2024
A. Under the
				  provision of
				  R.S.
				  15:1504.B, no cause of action shall exist
				  against:
1. any person who, in good faith,
				  makes a report, cooperates in an investigation by an agency, or participates in
				  judicial proceedings;
2. any DHH
				  Protective Services staff who, in good faith, conducts an investigation or
				  makes an investigative judgment or disposition;
3. the persons listed in Items 1 and 2 of
				  this Section shall have immunity from civil or criminal liability that
				  otherwise might be imposed or incurred.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 13 - Protective Services Agency › Chapter 171 - Division of Adult Protective Services › Section I-17119 - The Department of Health and Hospitals' Protective Services System

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department
				  will deliver protective services to adults living in unlicensed community
				  settings through the Office of Aging and Adult Services, Division of Adult
				  Protective Services
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 36:254,
					 R.S.
					 14:403.2 and R.S.
					 15:1501-15:1511.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 13 - Protective Services Agency › Chapter 171 - Division of Adult Protective Services › Section I-17121 - Responsibilities of Regional Coordinating Councils

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Office of Aging and Adult Services,
				  Division of Adult Protective Services shall convene and participate in Regional
				  Coordinating Councils in each region of the state to coordinate community
				  services in support of individuals in need of protection.
B. These councils will have as their
				  objective to achieve maximum community coordination by efforts to:
1. identify resources, both in common to the
				  agencies represented and available from outside resources; and
2. increase availability of needed services
				  by maximizing existing resources and decreasing duplication of
				  effort;
3. assure maximum community
				  coordination of effort in providing necessary services.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 13 - Protective Services Agency › Chapter 171 - Division of Adult Protective Services › Section I-17123 - Training

Current through Register Vol. 50, No. 6, June 20, 2024
A. To encourage
				  prompt reporting of suspected abuse, neglect, exploitation, or extortion, Adult
				  Protective Services staff shall provide for and/or participate in activities to
				  inform the general public and, in particular, targeted professionals and
				  service providers about the Adult Protective Service Program.
B. The adult protection agency shall also be
				  responsible for ongoing inservice training for its staff which assures adequate
				  performance.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 36:254,
					 R.S.
					 14:403.2 and R.S.
					 15:1501-15:1511
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 13 - Protective Services Agency › Chapter 171 - Division of Adult Protective Services › Section I-17125 - Dissemination

Current through Register Vol. 50, No. 6, June 20, 2024
A. A copy of this
				  Rule shall be made available to anyone, including individuals in need of
				  protection, upon request.
B. Copies
				  of this Rule shall be disseminated to state and local agencies which serve
				  populations of persons with mental, physical, or emotional disabilities
				  (including but not limited to community services offices of the Office for
				  Citizens with Developmental disabilities, Office of Mental Health, Office of
				  Addictive Disorders, Office of Public Health and state and local law
				  enforcement agencies, advocacy agencies, nursing homes, hospitals, private care
				  agencies, and other related service agencies).
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 36:254,
					 R.S.
					 14:403.2 and R.S.
					 15:1501-15:1511
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 15 - Emergency Response Network › Chapter 181 - General Provisions › Section I-18101 - Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. These rules are
				  adopted by the Louisiana Emergency Network (hereinafter LERN) Board
				  (hereinafter board) to effectuate the provisions of
				  R.S.
				  40:2841 et seq.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:2846(A).
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 15 - Emergency Response Network › Chapter 183 - Louisiana Emergency Response Network (LERN) Board › Section I-18301 - Board Officers of Louisiana Emergency Response Network (LERN) Board

Current through Register Vol. 50, No. 6, June 20, 2024
A. The chairman and
				  vice-chairman, and any other officers that the board shall deem necessary,
				  shall be elected for a two-year term at the first meeting held following
				  January 1 of each even numbered year.
B. In the case of a vacancy in the office of
				  chairman, the vice-chairman shall serve the remainder of the vacated term, and
				  in the case of a vacancy in the office of vice-chairman, the board shall elect
				  a new vice-chairman who shall serve the remainder of the vacated
				  term.
C. The chairman shall:
1. preside at all meetings of the
				  board;
2. determine necessary
				  subcommittees and working group and appoint members to each subcommittee and
				  working groups;
3. direct
				  activities of staff between board meetings;
4. provide direction on behalf of board
				  between meetings to all regional commissions;
5. designate the date, time and place of
				  board meetings;
6. enter into
				  confidentiality agreements on behalf of the board regarding pertinent data to
				  be submitted to board and board staff which contain individually identifiable
				  health or proprietary information;
7. perform all other duties as may be
				  assigned by the board.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 15 - Emergency Response Network › Chapter 183 - Louisiana Emergency Response Network (LERN) Board › Section I-18303 - Quorum

Current through Register Vol. 50, No. 6, June 20, 2024
A. Eight members of
				  the board shall constitute a quorum for all purposes.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:2844(H) and
					 40:2846(A).
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 15 - Emergency Response Network › Chapter 183 - Louisiana Emergency Response Network (LERN) Board › Section I-18305 - Grounds for Removal of Board Members

Current through Register Vol. 50, No. 6, June 20, 2024
A. Grounds for removal of board members
				  include conviction of a felony.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:2844(H) and
					 40:2846(A).
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 15 - Emergency Response Network › Chapter 185 - Regional Commissions; Membership; Officers; Meetings; Duties and Responsibilities › Section I-18501 - Regional Commission Membership

Current through Register Vol. 50, No. 6, June 20, 2024
A. Selection of Regional Commission
				  Membership by Louisiana Emergency Response Network (LERN) Board
1. The process for selecting the regional
				  commission members is as follows:
a. the LERN
				  Board Chairman shall request in writing the name of a nominee to serve on each
				  regional commission from each of the legislatively identified state
				  organizations;
b. in the event
				  there is more than one organization, state association or entity, each entity
				  shall be requested to name a nominee and, once constituted, the commission
				  shall choose from among the nominees; and
c. if no state or local organization exists
				  in a category, but multiple nominees are identified in that category, the
				  selection of the representative to serve on the regional commission will be
				  determined by that category's group of nominees.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 15 - Emergency Response Network › Chapter 185 - Regional Commissions; Membership; Officers; Meetings; Duties and Responsibilities › Section I-18503 - Regional Commission Officers

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Each regional commission shall select a chairman and vice chairman.
B. The chairman and vice-chairman, and any
				  other officers that the commission shall deem necessary, shall be elected for a
				  two-year term at the first meeting held following January 1 of each even
				  numbered year.
C. In the case of a
				  vacancy in the office of chairman, the vice-chairman shall serve as chairman
				  for the remaining vacated term; and in the case of a vacancy in the office of
				  vice-chairman, the regional commission shall elect a new vice-chairman who
				  shall serve until the expiration of the vacated term.
D. The chairman shall:
1. preside at all meetings of the
				  commission;
2. determine necessary
				  ad hoc committees, appoint a commission member to chair each such committee,
				  and provide for the commission as a whole to name the membership of the
				  committee;
3. provide direction to
				  the commission to implement the mandates of the LERN Board;
4. direct that a record of all meetings of
				  the commission shall be kept and such records shall be retained as permanent
				  records of the transactions of the commission; and
5. perform all other duties pertaining to the
				  office of chairman of the commission or as may be assigned by the
				  commission.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 15 - Emergency Response Network › Chapter 185 - Regional Commissions; Membership; Officers; Meetings; Duties and Responsibilities › Section I-18505 - Regional Commission Meetings

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Meetings of the commission shall be noticed, convened and held not less
				  frequently than quarterly during each calendar year and otherwise at the call
				  of the chairman or on the written petition for a meeting signed by not less
				  than the number of members which would constitute a quorum of the commission.
				  Meetings shall be held on such date and at such time and place as may be
				  designated by the chairman.
B. One
				  third of the currently serving members of the commission shall constitute a
				  quorum for all purposes. All actions which the commission is empowered by law
				  to take shall be effected by vote of not less than a majority of the members
				  present at a meeting of the commission at which a quorum is present.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:2845(A)(3)(a) and
					 40:2846(A).
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 15 - Emergency Response Network › Chapter 185 - Regional Commissions; Membership; Officers; Meetings; Duties and Responsibilities › Section I-18507 - Regional Commission Duties and Responsibilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each regional commission shall:
1. develop a written system plan for
				  submission to LERN Board, which plan shall:
a.
				  identify all resources available in the region for emergency and disaster
				  preparedness and response;
b. be
				  based on standard guidelines for comprehensive system development;
c. include all parishes within the region
				  unless a specific parish portion thereof has been aligned within an adjacent
				  region;
d. give an opportunity to
				  all health care entities and interested specialty centers opportunity to
				  participate in the planning process; and
e. address the following components:
i. injury prevention;
ii. access to the system;
iii. communications;
iv. pre-hospital triage criteria;
v. diversion policies;
vi. bypass protocols;
vii. regional medical control;
viii. facility triage criteria;
ix. inter-hospital transfers;
x. planning for the designation of trauma
				  facilities, including the identification of the lead facility(ies);
				  and
xi. a performance improvement
				  program that evaluates processes and outcomes from a system
				  perspective;