reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter B - Administration and Organization › Section I-8533 - Fund Raising and Publicity

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
					 ICF/DD shall have a policy regarding participation of individuals in activities
					 related to fund-raising and publicity.
B. Consent of the individual receiving
					 services and, where appropriate, the legally responsible person shall be
					 obtained prior to participation in such activities.
C. An ICF/DD shall have written policies and
					 procedures regarding the photographing and audio or audio-visual recordings of
					 individuals.
D. The written consent
					 of the individual receiving services and, where appropriate, the legally
					 responsible person shall be obtained before the individual is photographed or
					 recorded for research or program publicity purposes. Such consent cannot be
					 made a condition for admission into, remaining in, or participating fully in
					 the activities of the facility. Consent agreements must clearly notify the
					 individual receiving services of his/her rights under this regulation, must
					 specify precisely what use is to be made of the photography or recordings, and
					 are valid for a maximum of one year from the date of execution. Individuals are
					 free to revoke such agreements at any time, either orally or in
					 writing.
E. All photographs and
					 recordings shall be used in a manner which respects the dignity and
					 confidentiality of the individual receiving services.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						36:254 and R.S.
						40:2180-2180.5.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter B - Administration and Organization › Section I-8535 - Research

Current through Register Vol. 50, No. 6, June 20, 2024
A. An ICF/DD shall
					 have written policies regarding the participation of individuals in research
					 projects. These policies shall conform to the National Institute of Mental
					 Health Standards on protection of human subjects.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						36:254 and R.S.
						40:2180-2180.5.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter C - Admission, Transfer, and Discharge Criteria › Section I-8541 - Admissions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each ICF/DD
					 shall have written policies and procedures governing the admission, transfer,
					 and discharge of individuals receiving services.
B. Intake and Admissions Policy
1. An ICF/DD shall have a written description
					 of admission policies and criteria. A copy of the admission policies and
					 criteria shall be provided to the department and shall be available to the
					 legally responsible person for any individual referred for placement. The
					 admission policies and criteria shall include, but is not limited to, the
					 following information:
a. policies and
					 procedures related to intake. Intake policies shall include, at least, due
					 process procedures for admission of minors, and determination before admission
					 of appropriate legal status according to appropriate state laws;
b. the age and sex of individuals receiving
					 services in care;
c. the needs,
					 problems, situations, or patterns best addressed by the ICF/DD's
					 program;
d. any other criterion for
					 admission;
e. criteria for
					 discharge;
f. any placement
					 requirements on the individual, the legally responsible person, the department,
					 or other involved agencies; and
g.
					 procedures for ensuring that placement within the program is the least
					 restrictive alternative appropriate to meet the individual's needs.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter C - Admission, Transfer, and Discharge Criteria › Section I-8543 - Voluntary and Involuntary Transfers and Discharges

Current through Register Vol. 50, No. 6, June 20, 2024
A. There are two types of transfers or
					 discharges from an ICF/DD facility:
1.
					 planned or voluntary discharge; or
2. involuntary transfer or
					 discharge.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter D - Service Delivery › Section I-8549 - Individual Service Plan

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Qualified Mental Retardation Professional (QMRP). An ICF/DD shall ensure that
					 the QMRP, who is an appropriately qualified professional, is assigned to each
					 individual and given responsibility for and authority over:
1. supervision of the implementation of the
					 individual's service plan;
2.
					 integration of the various aspects of the individual's program;
3. recording of the individual's progress as
					 measured by objective indicators;
4. reviewing the individual's service plan,
					 on a quarterly basis;
5. ensuring
					 the timely release, whenever appropriate, of the individual to a less
					 restrictive setting;
6. monitoring
					 any extraordinary restriction of the individual's freedom including use of any
					 form of restraint, any special restriction on an individual's communication
					 with others and any potentially harmful treatment or behavior management
					 techniques applied to the individual; and
7. ensuring the coordination of all care and
					 services.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter D - Service Delivery › Section I-8551 - Food Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. An ICF/DD
					 shall ensure that an individual is, on a daily basis, provided with food of
					 such quality and in such quantity as to meet the recommended daily dietary
					 allowances adjusted for age, gender and activity of the Food Nutrition Board of
					 the National Research Council. The ICF/DD shall have an organized system of
					 food service supervised by a qualified dietitian or an appropriately qualified
					 person. This dietitian or person shall be responsible for:
1. menu planning;
2. initiating food orders or
					 requisitions;
3. establishing
					 specifications for food purchases and insuring that such specifications are
					 met;
4. storing and handling of
					 food;
5. food
					 preparation;
6. food
					 serving;
7. maintaining sanitary
					 standards in compliance with state and local regulations; and
8. orientation, training, and supervision of
					 food service personnel.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter D - Service Delivery › Section I-8553 - Health Care Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. General
					 Provisions
1. An ICF/DD shall ensure the
					 availability of a comprehensive program of preventive, routine and emergency
					 medical and dental care, as appropriate, for all individuals. The ICF/DD shall
					 have a written plan for providing such care. This plan shall include:
a. ongoing appraisal of the general health of
					 each individual;
b. provisions of
					 health education, as appropriate;
c. establishment of an ongoing immunization
					 program;
d. approaches that ensure
					 that any medical treatment administered will be explained to the individual in
					 language suitable to his/her age and understanding;
e. an ongoing relationship with a licensed
					 physician and dentist to advise the ICF/DD concerning medical and dental
					 care;
f. availability of a
					 physician on a 24-hour a day, seven days a week basis; and
g. the ICF/DD shall show evidence of access
					 to the resources outlined in this plan.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter D - Service Delivery › Section I-8555 - Professional and Specialized Programs and Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. General
1. An ICF/DD shall have access to the
					 following services in accordance with the needs of individuals:
a. physical and/or occupational
					 therapy;
b. speech pathology and
					 audiology;
c. psychological
					 services;
d. social work services;
					 and
e. training and habilitation
					 services.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter D - Service Delivery › Section I-8557 - Transportation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The ICF/DD shall
					 ensure that each individual is provided with the transportation necessary for
					 implementing the individual's service plan.
B. The ICF/DD shall have means of
					 transporting individuals in cases of emergency.
C. The provider shall have documentation of
					 liability insurance coverage for all owned and non-owned vehicles used to
					 transport individuals. Employee's personal liability insurance shall not be
					 substituted for required coverage.
D. Any vehicle used in transporting
					 individuals in care of the ICF/DD, whether such vehicle is operated by a staff
					 member or any other person acting on behalf of the ICF/DD, shall be properly
					 licensed and inspected in accordance with State law. All vehicles used for the
					 transportation of clients shall be maintained in a safe condition, be operated
					 at a temperature that does not compromise the health, safety, or needs of the
					 individuals, and be operated with all applicable motor vehicle laws.
E. Any staff member of the ICF/DD or other
					 person acting on behalf of the ICF/DD operating a vehicle for the purpose of
					 transporting individuals shall be properly licensed to operate that class of
					 vehicle, according to state law.
F.
					 The ICF/DD shall not allow the number of persons in any vehicle used to
					 transport individuals to exceed the number of available seats with seatbelts in
					 the vehicle.
G. Identification of
					 vehicles used to transport individuals in care of an ICF/DD shall not be of
					 such nature to embarrass or in any way produce notoriety for
					 individuals.
H. The ICF/DD shall
					 ascertain the nature of any need or problem of an individual which might cause
					 difficulties during transportation, such as seizures, a tendency towards motion
					 sickness or a disability. The ICF/DD shall communicate such information to
					 staff transporting clients; any such needs shall be addressed by the
					 provider.
I. The following
					 additional arrangements are required for an ICF/DD serving individuals who use
					 wheelchairs.
1. A ramp device to permit entry
					 and exit of an individual from the vehicle shall be provided for all vehicles
					 normally used to transport persons with disabilities. A mechanical lift may be
					 utilized, provided that a ramp is also available in case of emergency, unless
					 the mechanical lift has a manual override.
2. Wheelchairs used in transit shall be
					 securely fastened inside the vehicle utilizing approved wheelchair
					 fasteners.
3. The arrangement of
					 the wheelchairs shall not impede access to the exit door of the
					 vehicle.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter E - Client Protections › Section I-8565 - Client Rights

Current through Register Vol. 50, No. 6, June 20, 2024
A. Civil Rights
1. An ICF/DD shall have written policy on
					 individual civil rights and shall post and distribute a copy of those. This
					 policy shall give assurances that:
a. an
					 individual's civil rights are not abridged or abrogated solely as a result of
					 placement in the ICF/DD's program;
b. an individual's civil rights are protected
					 through accessibility of legal counsel; and
c. an individual is not denied admission,
					 segregated into programs or otherwise subjected to discrimination on the basis
					 of race, religion, ethnic background or disability.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter E - Client Protections › Section I-8567 - Grievances

Current through Register Vol. 50, No. 6, June 20, 2024
A. An ICF/DD shall
					 have a written grievance procedure for individuals designed to allow
					 individuals to make complaints without fear of retaliation.
B. The ICF/DD shall make every effort to
					 ensure that all individuals and their legally responsible person are aware of
					 and understand the grievance procedure.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						36:254 and R.S.
						40:2180-2180.5.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter E - Client Protections › Section I-8569 - Behavior Management

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Description of Methods Used
1. The ICF/DD
					 shall have a written description of the methods of behavior management to be
					 used on a facility-wide level. This description shall include:
a. definitions of appropriate and
					 inappropriate behaviors of individuals; and
b. acceptable staff responses to
					 inappropriate behaviors.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter F - Provider Responsibilities › Section I-8579 - Staffing-Qualified Professional and Qualified Mental Retardation Professional

Current through Register Vol. 50, No. 6, June 20, 2024
A. A qualified
					 professional (QP) is:
1. a psychologist with
					 at least a master's degree from an accredited program and specialized training
					 or two years experience in treating mentally retarded, emotionally disturbed or
					 learning disabled children whose condition is similar to the condition of the
					 individuals being served; or
2. a
					 physician licensed under state law to practice medicine or osteopathy and with
					 specialized training or two years experience in treating emotionally disturbed,
					 mentally retarded or learning disabled children whose condition is similar to
					 that of the individuals being served.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter F - Provider Responsibilities › Section I-8581 - Record Keeping

Current through Register Vol. 50, No. 6, June 20, 2024
A. Accounting
					 and Record Keeping
1. An ICF/DD shall
					 establish a system of business management and staffing to assure maintenance of
					 complete and accurate accounts, books and records.
2. An ICF/DD shall demonstrate fiscal
					 accountability through regular recording of its finances and an annual external
					 audit.
3. An ICF/DD shall not
					 permit funds to be paid, or committed to be paid, to any person to which any of
					 the members of the governing body, administrative personnel, or members of the
					 immediate families have any direct or indirect financial interest, or in which
					 any of these persons serve as an officer or employee, unless the services or
					 goods involved are provided at a competitive cost or under terms favorable to
					 the ICF/DD. The ICF/DD shall have a written disclosure of any financial
					 transaction with the facility in which a member of the governing body,
					 administrative personnel, or his/her immediate family is involved.
4. An ICF/DD shall ensure that all entries in
					 records are legible, signed by the person making the entry and accompanied by
					 the date on which the entry was made.
5. All records shall be maintained in an
					 accessible, standardized order and format and shall be retained and disposed of
					 according to state laws.
6. An
					 ICF/DD shall have sufficient space, facilities and supplies for providing
					 effective record keeping services.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter F - Provider Responsibilities › Section I-8583 - Client Funds and Assets

Current through Register Vol. 50, No. 6, June 20, 2024
A. Money
					 and Personal Belongings
1. An ICF/DD shall
					 permit and encourage an individual to possess his/her own money either by
					 giving an allowance and/or by providing opportunities for paid work, unless
					 otherwise indicated by the individual's service plan and reviewed every 30 days
					 by the QMRP.
2. Money earned,
					 received as a gift or received as allowance by an individual shall be deemed to
					 be that individual's personal property.
3. Limitations may be placed on the amount of
					 money an individual may possess or have unencumbered access to when such
					 limitations are considered to be in the individual's best interests and are
					 duly recorded in the individual's service plan.
4. An ICF/DD shall, as appropriate to the
					 individual's age and abilities, provide training in budgeting, shopping and
					 money management.
5. An ICF/DD
					 shall allow an individual to bring his/her personal belongings to the program
					 and to acquire belongings of his/her own in accordance with the individual's
					 service plan. However, the ICF/DD shall, as necessary, limit or supervise the
					 use of these items while the individual is in care. Where extraordinary
					 limitations are imposed, the individual shall be informed by staff of the
					 reasons, and the decision and reasons shall be recorded in the individual's
					 case record. Reasonable provisions shall be made for the protection of the
					 individual's property.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter F - Provider Responsibilities › Section I-8585 - Abuse and Neglect

Current through Register Vol. 50, No. 6, June 20, 2024
A. An ICF/DD
					 shall have comprehensive, written procedure concerning individual abuse and
					 neglect including:
1. a description of
					 ongoing communication strategies used by the ICF/DD to maintain staff awareness
					 of abuse prevention, current definitions of abuse and neglect, reporting
					 requirements and applicable laws;
2. a procedure ensuring immediate reporting
					 of any suspected incident to the administrator or his/her designee and
					 mandating an initial written summary on the incident to the administrator or
					 his/her designee within 24 hours;
3. a procedure for ensuring that the
					 individual is protected from potential harassment during the investigation and
					 which accused staff shall be removed from direct care of individuals during the
					 investigation; and
4. a procedure
					 for disciplining staff members who abuse or neglect individuals.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter F - Provider Responsibilities › Section I-8587 - Abuse/Neglect Reporting

Current through Register Vol. 50, No. 6, June 20, 2024
A. An ICF/DD
					 shall have written procedures for the reporting and documentation of deaths of
					 individuals, injuries, fights or physical confrontations, situations requiring
					 the use of passive physical restraints, suspected incidents of abuse or
					 neglect, unusual incident and other situations or circumstances affecting the
					 health, safety or well-being of an individual or individuals.
B. Such procedures shall ensure timely verbal
					 and written reports to the administrator.
C. When an incident involves abuse or neglect
					 of an individual, death of an individual, or entails any serious threat to the
					 individual's health, safety or well-being, an ICF/DD shall:
1. ensure immediate verbal reporting to the
					 administrator or his/her designee and a preliminary written report within 24
					 hours of the incident;
2. ensure
					 notification to designated representatives of the DHH Health Standards Section
					 within 24 hours of occurrence or discovery of the incident. A final report must
					 be submitted to HSS within five working days. Extensions may be granted on a
					 case by case basis with good cause. The ICF/DD shall utilize the department's
					 Online Tracking Incident System (OTIS). This requires that the ICF/DD maintain
					 internet access and keeps the department informed of an active e-mail address.
					 Reports to Health Standards Section utilizing OTIS should include the
					 following:
a. abuse and allegations of
					 abuse;
b. neglect and allegations
					 of neglect; and
c. major injuries
					 of unknown source including, but not limited to, fractures, burns, suspicious
					 contusions, head injuries and unanticipated deaths;
3. ensure that other appropriate authorities
					 are notified, according to state law;
4. ensure immediate, documented attempts to
					 notify the legally responsible person of the individual;
5. ensure immediate attempts to notify other
					 involved agencies and parties, as appropriate; and
6. ensure immediate notification of the
					 appropriate law enforcement authority whenever warranted.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter F - Provider Responsibilities › Section I-8589 - Quality of Life

Current through Register Vol. 50, No. 6, June 20, 2024
A. Family
					 Involvement
1. An ICF/DD shall have a written
					 description of strategies used by the ICF/DD's program to foster ongoing
					 positive communication and contact between individuals and their families,
					 their friends and others significant people in their lives.
2. An ICF/DD shall have evidence that the
					 individual's family and, where appropriate, the legally responsible person have
					 been informed of:
a. the philosophy and goals
					 of the ICF/DD;
b. behavior
					 management and disciplinary practices of the ICF/DD;
c. the ICF/DD's arrangements for individuals'
					 participation in religious observances;
d. any specific treatment or treatment
					 strategy employed by the ICF/DD to be implemented for a particular
					 individual;
e. visiting hours,
					 visiting rules and procedures, arrangements for home visits and procedures for
					 communicating with individuals by mail or telephone;
f. a procedure for registering complaints
					 concerning the individual's care or treatment; and
g. the name, telephone number and address of
					 a staff person who may be contacted by the legally responsible person to ask
					 questions or register concerns on an ongoing basis.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter G - Emergency Preparedness › Section I-8597 - Emergency Plan Activation, Review and Summary

Current through Register Vol. 50, No. 6, June 20, 2024
A. The facility's emergency plan(s) shall be
					 activated at least annually, either in response to an emergency or in a planned
					 drill. All staff shall be trained and have knowledge of the emergency
					 plan.
B. ICF/DDs must conduct a
					 minimum of 12 fire drills annually with at least one every three months on each
					 shift. In addition to drills for emergencies due to fire, the facility shall
					 conduct at least one drill per year for emergencies due to a disaster other
					 than fire, such as storm, flood, and other natural disaster.
1. All staff shall participate in at least
					 one drill annually. Residents shall be encouraged to participate, but the
					 provider may not infringe upon the right of the resident to refuse to
					 participate.
2. The facility shall
					 test at least one manual pull alarm each month of the year and maintain
					 documentation of test dates, location of each manual pull alarm tested, persons
					 testing the alarm, and its condition.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter G - Emergency Preparedness › Section I-8599 - Notification of Evacuation, Relocation, or Temporary Cessation of Operations

Current through Register Vol. 50, No. 6, June 20, 2024
A. In the event
					 that an ICF/DD evacuates, temporarily relocates or temporarily ceases
					 operations at its licensed location as a result of an evacuation order issued
					 by the state, local or parish OHSEP, the ICF/DD must immediately give notice to
					 the Health Standards Section as well as the Office for Citizens with
					 Developmental Disabilities (OCDD) and OHSEP as directed by filing an electronic
					 report with the ESF-8 portal or into the current LDH emergency preparedness
					 webpage or electronic database for reporting:
1. the date and approximate time of the
					 evacuation; and
2. the locations of
					 where the residents have been placed and whether this location is an ICF/DD or
					 other alternate host site for one or more of the ICF/DD residents.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter G - Emergency Preparedness › Section I-8601 - Authority to Re-open After an Evacuation, Temporary Relocation or Temporary Cessation of Operation

Current through Register Vol. 50, No. 6, June 20, 2024
A. In the event
					 that an ICF/DD evacuates, temporarily relocates or temporarily ceases operation
					 at its licensed location as a result of an evacuation order issued by the
					 state, local or parish OHSEP due to a declared disaster or other emergency and
					 that facility sustains damages due to wind, flooding, precipitation, fire,
					 power outages or other causes, the facility shall not be reopened to accept
					 returning evacuated residents or new admissions until surveys have been
					 conducted by the Office of the State Fire Marshal, the Office of Public Health
					 and the Department of Health and Hospitals, Health Standards Section and the
					 facility has received a letter of approval from the department for reopening
					 the facility. The purpose of these surveys is to assure that the facility is in
					 compliance with the licensing standards including, but not limited to, the
					 structural soundness of the building, the sanitation code, staffing
					 requirements and the execution of emergency plans.
B. If an ICF/DD evacuates, temporarily
					 relocates or temporarily ceases operation at its licensed location as a result
					 of an evacuation order issued by the state or parish OHSEP due to a declared
					 disaster or other emergency and the facility does not sustain damages due to
					 wind, flooding, precipitation, fire, power outages or other causes, the
					 facility may be reopened without the necessity of the required surveys. Prior
					 to reopening, the facility shall notify the Health Standards Section in writing
					 that the facility is reopening.
C.
					 The facility shall submit a written initial summary report upon request to the
					 department's Health Standards Section. This report shall be submitted within 14
					 days from the date of evacuation which led to the facility having to evacuate,
					 temporarily relocate or temporarily cease operations. The report shall indicate
					 how the facility's emergency preparedness plan was followed and executed. The
					 initial summary shall contain, at a minimum:
1. pertinent plan provisions and how the plan
					 was followed and executed;
2. plan
					 provisions that were not followed;
3. reasons and mitigating circumstances for
					 failure to follow and execute certain plan provisions;
4. contingency arrangements made for those
					 plan provisions not followed; and
5. a list of all injuries and deaths of
					 residents that occurred during the execution of the plan, including the date,
					 time, causes and circumstances of the injuries and deaths.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter G - Emergency Preparedness › Section I-8603 - General Emergency Preparedness Training

Current through Register Vol. 50, No. 6, June 20, 2024
A. All employees shall be trained in
					 procedures to be followed in the event of any emergency situations. All
					 employees shall be instructed in the use of fire-fighting equipment and
					 resident evacuation as part of their initial orientation and at least annually
					 thereafter. The ICF/DD shall instruct all employees on the emergency evacuation
					 procedures. The ICF/DD shall review the procedures with existing staff at least
					 once in each 12 month period.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						36:254 and R.S.
						40:2180-2180.5.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter G - Emergency Preparedness › Section I-8605 - Inactivation of License Due to Declared Disaster or Emergency

Current through Register Vol. 50, No. 6, June 20, 2024
A. A licensed ICF/DD in an area or areas
					 which have been affected by an executive order or proclamation of emergency or
					 disaster issued in accordance with
					 R.S.
					 29:724 or
					 R.S.
					 29:766 may seek to inactivate its license for
					 a period not to exceed one year, provided that the following conditions are
					 met:
1. the licensed ICF/DD shall submit
					 written notification to the Health Standards Section within 60 days of the date
					 of the executive order or proclamation of emergency or disaster that:
a. the ICF/DD has experienced an interruption
					 in the provision of services as a result of events that are the subject of such
					 executive order or proclamation of emergency or disaster issued in accordance
					 with
					 R.S.
					 29:724 or
					 R.S.
					 29:766;
b. the licensed ICF/DD intends to resume
					 operation as an ICF/DD in the same service area;
c. includes an attestation that the emergency
					 or disaster is the sole casual factor in the interruption of the provision of
					 services;
d. includes an
					 attestation that all clients have been properly transferred to another
					 provider; and
e. provides a list of
					 each client and where that client is discharged or transferred to;
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter H - Physical Environment › Section I-8609 - Physical Plant

Current through Register Vol. 50, No. 6, June 20, 2024
A. Accessibility.
					 An ICF/DD's building, parking lots and facilities shall be accessible to and
					 functional for individuals, staff members and the public, as required by
					 applicable federal and state laws and regulations to include individuals with
					 limited mobility and assistive devices.
B. New Construction or Renovation of Existing
					 Facilities
1. Before beginning renovations or
					 new construction, Health Standards Section must be notified. Plans and
					 specifications must be prepared by a licensed architect or engineer and must be
					 submitted for approval to the Office of State Fire Marshal and any other
					 office/entity designated by the department to review and approve the facility's
					 architectural plans, if the facility must go through plan review, and the
					 Office of Public Health.
2. Health
					 Standards Section, the Office of Public Health, and the Office of State Fire
					 Marshal, shall have the authority to inspect the project at any stage to insure
					 that the approved plans and specifications are being followed. Final approval
					 of the building must be obtained from these agencies after renovation or
					 construction is completed and before it is occupied. A license shall be issued
					 by Health Standards Section only after these final approvals have been
					 obtained.
3. It shall be the
					 responsibility of the ICF/DD to obtain any approvals from local authorities
					 (such as zoning, building, fire, etc), that may be needed in the particular
					 city or parish.
4. All ICF/DDs must
					 be in conformity with the American National Standards Institute (ANSI)
					 standards.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter H - Physical Environment › Section I-8611 - Exterior Space

Current through Register Vol. 50, No. 6, June 20, 2024
A. An ICF/DD shall
					 ensure that all structures on the grounds of the facility accessible to
					 individuals are maintained in good repair and are free from excessive hazard to
					 health or safety.
B. An ICF/DD
					 shall maintain the grounds of the facility in an acceptable manner and shall
					 ensure that the grounds are free from any hazard to health or safety.
C. Garbage and rubbish which is stored
					 outside shall be stored securely in non-combustible, covered containers and
					 shall be removed on a regular basis. Trash collection receptacles shall be
					 separate from the recreational area and be located as to avoid being a nuisance
					 to neighbors.
D. Areas determined
					 to be unsafe including, but not limited to, steep grades, cliffs, open pits,
					 swimming pools, high voltage boosters or high speed roads shall be fenced off.
					 All fences shall be in good repair.
E. An ICF/DD shall have at least 75 square
					 feet of accessible exterior recreational space for each client. The
					 recreational space shall be enclosed with secure fencing if necessary to
					 protect clients. Recreational equipment, if used, shall be so located,
					 installed and maintained as to ensure the safety of individuals.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						36:254 and R.S.
						40:2180-2180.5.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter H - Physical Environment › Section I-8613 - Interior Space

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each living unit
					 of an ICF/DD shall contain a space for the free and informal use of
					 individuals. This space shall be constructed and equipped in a manner consonant
					 with the programmatic goals of the ICF/DD. An appropriate variety of interior
					 recreational spaces shall be provided. An ICF/DD shall ensure that there is
					 evidence of routine maintenance and cleaning programs in all areas of the
					 ICF/DD.
B. Dining Areas
1. An ICF/DD shall provide dining areas which
					 permit individuals, staff and as appropriate, guests to eat together at a
					 table, counter or in a manner which accommodates wheelchairs or other assisted
					 devices. As a minimum, the dining area shall provide 15 square feet per person.
					 If usage is by shifts the number of persons in each shift and the number of
					 shifts shall be indicated in the functional program.
2. An ICF/DD shall provide dining areas which
					 are clean, comfortable, home-like, well-lighted, ventilated and attractively
					 furnished.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter H - Physical Environment › Section I-8615 - General Facility Safety Practices

Current through Register Vol. 50, No. 6, June 20, 2024
A. An ICF/DD shall not maintain any firearm
					 or chemical weapon in the living units of the facility.
B. An ICF/DD shall ensure that all poisonous,
					 toxic and flammable materials are safely stored in appropriate containers
					 labeled as to contents. Such materials shall be maintained only as necessary
					 and shall be used in such a manner as to ensure the safety of individuals,
					 staff and visitors.
C. An ICF/DD
					 shall ensure that an appropriately equipped first-aid kit is available in the
					 ICF/DD's buildings and in all vehicles used to transport individuals.
D. An ICF/DD shall ensure that porches,
					 elevated walkways and elevated recreational areas within the facility meet ANSI
					 standards.
E. Every required exit
					 in an ICF/DD's buildings shall be continuously maintained free of all
					 obstructions or impediments to immediate use in the case of fire or other
					 emergency.
F. An ICF/DD shall
					 prohibit the use of candles in sleeping areas of the individuals.
G. Power driven equipment used by an ICF/DD
					 shall be kept in safe and good repair. Such equipment shall be used by
					 individuals only under the direct supervision of a staff member and according
					 to state law.
H. An ICF/DD shall
					 have procedures to prevent insect and rodent infestation.
I. An ICF/DD shall allow individuals to swim
					 only in areas determined to be safe and only under the supervision of a person
					 with a current water safety instructor certificate or senior lifesaving
					 certificate from the Red Cross or its equivalent.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						36:254 and R.S.
						40:2180-2180.5.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 87 - Adult Brain Injury Facilities Licensing Standards › Subchapter A - General Provisions › Section I-8701 - Introduction

Current through Register Vol. 50, No. 6, June 20, 2024
A. These rules and
					 regulations contain the minimum licensure standards for adult brain injury
					 facilities, pursuant to
					 R.S.
					 40:2120.31-40:2120.40.
					 Brain injuries may result in mild, moderate or severe impairments in cognition,
					 physical functioning and psychosocial behavior. Unique care is necessary to
					 rehabilitate and provide for the needs of these individuals in order for them
					 to achieve their fullest capacity. It is the intent of these minimum licensing
					 standards to protect the health, safety, and well-being of the citizens of the
					 state who suffer from brain injuries and are receiving care in an adult brain
					 injury facility. Contained herein are the core requirements for adult brain
					 injury facilities as well as level specific requirements, depending upon the
					 services provided in the following settings:
1. residential level of care;
2. community living level of care;
					 and
3. outpatient level of
					 care.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 87 - Adult Brain Injury Facilities Licensing Standards › Subchapter A - General Provisions › Section I-8705 - Licensure Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
					 entity or person(s) that operates an ABI facility shall have a license issued
					 from the Department of Health (LDH). LDH is the only licensing authority for
					 ABI facilities in the State of Louisiana. It shall be unlawful to establish,
					 open, operate, manage, maintain or conduct services of an ABI facility without
					 possessing a current, valid license issued by LDH. Each facility shall be
					 separately licensed.
B. The
					 department may issue a license to an ABI facility to provide any or all of the
					 following services:
1. residential services
					 (a license is required for each offsite location);
2. community services; and
3. outpatient services.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 87 - Adult Brain Injury Facilities Licensing Standards › Subchapter A - General Provisions › Section I-8707 - Initial Licensure Application Process

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 An initial application for licensing as an ABI facility shall be obtained from
					 the department. A completed initial license application packet for an ABI
					 facility shall be submitted to, and approved by, LDH prior to an applicant
					 providing adult brain injury services. An applicant shall submit a completed
					 initial licensing packet to LDH, which shall include:
1. a completed ABI facility licensure
					 application and the non-refundable licensing fee as established by
					 statute;
2. the type of facility or
					 facilities the applicant intends to operate (residential, community or
					 outpatient);
3. a copy of the
					 approval letter of the architectural facility plans from the entity/office
					 designated by the department to review and approve healthcare facilities
					 architectural and licensing plans (residential);
4. a copy of the on-site inspection report
					 with approval for occupancy by the Office of the State Fire Marshal (OSFM)
					 (residential and outpatient only);
5. a copy of the health inspection report
					 with approval of occupancy from the Office of Public Health (OPH) (residential
					 and outpatient only);
6. a copy of
					 a statewide criminal background check conducted by the Louisiana State Police,
					 or its authorized agent, on all owners;
7. proof of financial viability as evidenced
					 by one of the following:
a. verification of
					 sufficient assets equal to $100,000 or the cost of three months of operation,
					 whichever is less; or
b. a letter
					 of credit issued from a federally insured, licensed lending institution in the
					 amount equal to $100,000 or the cost of three months of operation, whichever is
					 less;
8. proof of general
					 and professional liability insurance of at least $300,000;
9. proof of workers compensation
					 insurance;
10. if applicable,
					 clinical laboratory improvement amendments (CLIA) certificate;
11. disclosure of ownership and control
					 information;
12. a readable 11x17
					 minimum copy floor sketch of the premises to be licensed, including room usage
					 and dimensions (residential and outpatient only);
13. the days and hours of operation
					 (outpatient only);
14. a copy of
					 the articles of organization or articles of incorporation;
15. any other documentation or information
					 required by the department for licensure.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 87 - Adult Brain Injury Facilities Licensing Standards › Subchapter A - General Provisions › Section I-8709 - Initial Licensure Surveys

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prior to the
					 initial license being issued to the ABI facility, an initial licensing survey
					 shall be conducted on-site at the ABI facility to assure compliance with the
					 ABI facility licensing standards. The initial licensing survey of an ABI
					 facility shall be an announced survey.
B. No client shall be provided services by
					 the ABI facility until a license is issued to the ABI facility by the
					 LDH.
C. Once an ABI facility has
					 been issued an initial license, the department shall conduct licensing and
					 other surveys at intervals deemed necessary by the department to determine
					 compliance with licensing standards and regulations, as well as other
					 applicable statutes, laws, ordinances, rules and regulations. These surveys
					 shall be unannounced.
1. A plan of correction
					 may be required from an ABI facility for any survey where deficiencies have
					 been cited. Such plan of correction shall be submitted to LDH for approval
					 within the prescribed timeframe.
2.
					 A follow-up survey may be conducted for any survey where deficiencies have been
					 cited to ensure correction of the deficient practices.
3. The department may issue appropriate
					 sanctions, including, but not limited to, civil fines, directed plans of
					 correction, provisional licensure and license revocation for deficiencies and
					 non-compliance with any survey.
4.
					 Pursuant to applicable state law, rules and regulations, monies collected from
					 the imposition of civil fines shall be used for the benefit of clients in adult
					 brain injury facilities.