reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part IX - Developmental Disabilities Services › Chapter 9 - Guidelines for Certification of Medication Attendant › Section IX-915 - Certification Requirements and Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. CMA certificates issued after rule
				promulgation will expire two years from the last day of the month that the
				certificate was printed.
1. The agency
				administrator/representative must complete Form CMA-1, Profile Sheet, for each
				employee CMA applicant, acknowledging that all the qualifications outlined in
				§907 are met
				prior to the applicant attending the course.
2. The CMA applicant must complete the
				60-hour course: 40 hours of classroom theory and 20 hours of practical with a
				minimum of 10 of those hours conducted in the work place.
3. The CMA applicant must demonstrate
				proficiency in the 26 skill areas to pass the practical portion of the course.
				An RN or LPN must administer the practical. Proficiency may be either verbal or
				physical demonstration. A pass/fail grade shall apply.
4. After completion of the 60-hour course,
				the CMA instructor completes Form CMA-2, initial exam and certification
				request, and sends it to the regional coordinator to request applicant(s) be
				scheduled for the written OCDD CMA certification exam. Form CMA-2 must be
				attached to the Form CMA-1, profile sheet, for each applicant. All forms must
				be received by the regional coordinator before an exam date can be
				scheduled.
5. The regional
				coordinator will:
a. establish a test
				date;
b. notify the central office
				CMA coordinator to mail or email an electronic version of the exam that cannot
				be modified to the regional coordinator (The exam consists of 50 questions at 2
				points each for a total possible score of 100 points.);
c. administer the test;
d. return test(s) to the central office
				coordinator for grading and scoring;
e. notify CMA instructors as to applicants'
				scores;
f. notify agency about
				applicants scores;
g. mail
				certificates to the agency;
h.
				assist CMA instructors regarding any questions; and
i. maintain copies of all forms submitted to
				the central office coordinator.
6. The central office coordinator will:
a. grade each test and determine test score:
i. a test score of 80 is required to pass the
				exam;
ii. a test score between 70
				and 78 allows the test to be retaken once without repeating the
				course;
iii. a test score below 70
				requires a repeat of the entire 60-hour course.
b. send the regional coordinator the exam
				scores and certificates.
7. Upon passing the OCDD CMA certification
				exam, the applicant is designated as a CMA.
8. The central office coordinator will issue
				two certificates; one for the CMA, and one for the requesting provider
				agency.
9. The certificate shall
				include at least the following:
a. name of
				CMA;
b. expiration date;
c. signature of central office
				coordinator.
d. an embossed
				seal;
e. the signature of the
				assistant secretary of OCDD; and
f.
				the official logo for the OCDD.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part IX - Developmental Disabilities Services › Chapter 9 - Guidelines for Certification of Medication Attendant › Section IX-917 - Re-Certification Requirements and Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. Recertification is required every two
				years. Each CMA must be recertified. The requirements for re-certification are:
1. every two years a CMA must complete a
				total of nine hours of in-service training. Two of the nine hours must directly
				relate to the agencys medication administration policy and procedure. The
				remaining seven hours of in-service must relate to medication administration. A
				CMA working in multiple agencies may combine training to meet these
				requirements with the exception that the two-hour training on agency medication
				administration policy and procedure is required for each employer. Each agency
				must have documentation of each CMAs required nine hours of in-service
				training;
2. annually, the CMA
				must pass with proficiency, either by physical or verbal demonstration, the 26
				skills on the practical checklist. The annual cycle is based on the last day of
				the month that the certificate was printed. If a CMA changes employers within
				the certification period and training records are not available for the first
				year, the new employer must determine competency by assessing the 26 skills
				upon hire, in addition to meeting these requirements for
				re-certification.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part IX - Developmental Disabilities Services › Chapter 9 - Guidelines for Certification of Medication Attendant › Section IX-919 - Decertification of Medication Attendants

Current through Register Vol. 50, No. 6, June 20, 2024
A. Decertification shall occur under the
				following conditions:
1. falsification of
				participant medical records as defined in these regulations;
2. found guilty of abuse, neglect or cruelty
				to the infirmed as defined in these regulations;
3. found guilty of misappropriation of a
				resident's property as defined in these regulations;
4. falsification or alteration of CMA
				certificate issued by the office as defined in these regulations;
5. falsification of CMA
				qualifications;
6. failure to meet
				CMA qualifications;
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part IX - Developmental Disabilities Services › Chapter 9 - Guidelines for Certification of Medication Attendant › Section IX-921 - Appeal Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. A CMA who
				has had privileges suspended or has been decertified has the right of
				appeal.
B. Notice of Violations.
				When there are substantiated charges against the CMA, either through oral or
				written evidence, the OCDD will notify the individual(s) implicated in the
				investigation of the following information by certified mail:
1. the nature of the violations, and the time
				and date of each occurrence;
2. the
				state's intent to report these violations to the CMA registry; and
3. The right to request an informal
				discussion and/or the right to an administrative hearing.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part IX - Developmental Disabilities Services › Chapter 9 - Guidelines for Certification of Medication Attendant › Section IX-923 - Reciprocity

Current through Register Vol. 50, No. 6, June 20, 2024
A. A provider whose
				employee furnishes documentation as to successful completion of an equivalent
				medication administration course conducted in another state and meets other
				criteria stated in these guidelines and successfully passes the 26 skills
				checklist and the CMA initial certification exam, may on a case-by-case basis
				be granted reciprocity. The provider agency would complete Form CMA-5,
				reciprocity request, and mail to the central office OCDD coordinator. The
				Certified Medication Attendant Committee will review the documentation and
				determine if the person will be certified as a CMA in Louisiana. If reciprocity
				is granted, the provider is notified and the central office OCDD coordinator
				would issue the certificates to the provider.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S.
				  37:1021-1025.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part IX - Developmental Disabilities Services › Chapter 9 - Guidelines for Certification of Medication Attendant › Section IX-925 - Provider Responsibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. There
				will be no discrimination in selection of medication attendants for reason of
				race, color, creed, religion, disability, as defined in
				R.S.
				51:2232(11), or national
				origin.
B. Each provider shall
				maintain records on each CMA. The records must include:
1. the current monitoring skills checklist
				required for certification and re-certification;
2. a copy of the current certificate issued
				to the CMA by the central office coordinator. The second copy must be provided
				to the CMA;
3. documentation of
				annual successful completion of the 26 skills checklist and completion every
				two years of continuing education necessary for re-certification of
				CMA.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part IX - Developmental Disabilities Services › Chapter 9 - Guidelines for Certification of Medication Attendant › Section IX-927 - Office for Citizens with Developmental Disabilities Responsibilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. The OCDD shall
				ensure the integrity of the medication administration course by:
1. implementing the CMA Law, R.S.
				37:1021-1025;
2. revising
				guidelines;
3. issuing tests for
				initial certification of CMAs;
4.
				administer the tests for initial certification of CMAs;
5. grading the tests for initial
				certification of CMAs;
6.
				maintaining the originals of written examinations with scoring;
7. maintaining a roster of nurses who
				complete the CMA instructor training;
8. issuing certificates;
9. offering an instructors course;
10. convening the Certified Medication
				Administration Committee as needed;
11. verifying CMAs are in good standing;
				and
12. maintaining a CMA
				registry.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part IX - Developmental Disabilities Services › Chapter 9 - Guidelines for Certification of Medication Attendant › Section IX-929 - The Certified Medication Administration Committee

Current through Register Vol. 50, No. 6, June 20, 2024
A. Composition of committee as determined by
				the assistant secretary of OCDD:
1.
				authorized CMA instructors;
2.
				central office coordinator;
3. two
				OCDD regional coordinators;
4. an
				individual or individuals representative (e.g., family member), and
5. other representatives as determined by the
				office.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part IX - Developmental Disabilities Services › Chapter 9 - Guidelines for Certification of Medication Attendant › Section IX-931 - Forms to be Used

Current through Register Vol. 50, No. 6, June 20, 2024
A. Forms to be used
				are as follows:
1. Form CMA-1 is the profile
				sheet completed by the provider agency's administrator/representative to attest
				that all qualifications are met for the CMA applicant to attend the 60-hour
				medication administration course. This form is given to the CMA
				instructor.
2. Form CMA-2 is the
				exam request and initial certification request form completed by the CMA
				instructor and sent to either the regional office or developmental center
				coordinator to request the office schedule CMA applicant(s) for the OCDD CMA
				certification exam. Form CMA-1 must be attached to the CMA - 2 for each CMA
				applicant to be scheduled for the test. For those applicants that pass the
				test, the office will send the certificates to the CMA instructors.
3. Form CMA-3a. and 3b. are the
				re-certification requests completed by the CMA instructor acknowledging that
				all recertification requirements are met. The CMA instructor sends these forms
				to the central office coordinator for issuance of certificates.
4. Form CMA-4 is the decertification form
				completed by the CMA instructor identifying the reasons for decertifying the
				CMA and sent to the central office coordinator. Form CMA - 4 is also sent to
				the CMA along with a confidential letter. A copy of Form CMA - 4 must be
				maintained in provider agency records.
5. Form CMA-5 is the reciprocity request form
				the provider agency would complete for employees that furnish documentation of
				successful completion of an equivalent medication administration course from
				another state. This form is sent to the central office coordinator for review
				and determination.
6. Form CMA-6 is
				the form completed by the central office coordinator verifying a CMA is in good
				standing. This form is sent to provider agencies who employ a CMA in good
				standing certified by another agency. Form CMA - 6 must be keep on file in the
				provider records.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part IX - Developmental Disabilities Services › Chapter 11 - Individual and Family Support Program › Section IX-1101 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The individual
				and family support program is designed to meet the needs of individuals with
				intellectual/developmental disabilities which exceed those normally met by
				existing resources, entitlements, and those occurring naturally in the
				individuals family and community pursuant to the guiding principles of ACT 378
				of the 1989 Regular Legislative Session as contained in
				R.S.
				28:823.
B. The purposes of the individual and family
				support program shall be:
1. to establish,
				maintain and/or improve the quality of life for individuals with
				intellectual/developmental disabilities and their families in a manner that
				respects both the individuals needs and aspirations and the individuals ability
				to use supports in a responsible and accountable manner;
2. to link individuals with
				intellectual/developmental disabilities and their families to existing supports
				and resources and to supplement those supports as necessary to maintain and/or
				improve the integrity of individuals and their families.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part IX - Developmental Disabilities Services › Chapter 11 - Individual and Family Support Program › Section IX-1103 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Applicant
-the individual with
				  intellectual/developmental disabilities for whom supports are requested.
Community Support Professional
-a Local
				  Governing Entity (LGE) staff person whose duties may include support
				  coordination to applicants and participants in individual and family support
				  program.
Developmental Disability
-defined in
				  accordance with the developmental disability law at
				  R.S.
				  28:451.2(12).
Direct Service
-any good, support or service
				  purchased for or provided to an individual with intellectual/developmental
				  disabilities directly by a service provider or secured/purchased by the
				  individual/family through merchants and/or contractors used to assist the
				  individual to remain in their own home in the community.
Eligible Individual
-individual who has a
				  statement of approval (SOA) to participate in intellectual/developmental
				  disabilities services as part of the current single point of entry (SPOE)
				  process established by the OCDD or an individual eligible for and enrolled in
				  EarlySteps services.
Individual and Family Support Committee
-the
				  advisory committee to the individual and family support (IFS) program within
				  each local governing entity administering the IFS program.
Local Governing Entity (LGE)
-an integrated
				  human services delivery system with local accountability and management and
				  which provides behavioral health and developmental disabilities services
				  through local human services districts and authorities.
Office for Citizens with Developmental Disabilities
				  (OCDD)
-the office, within the Louisiana Department of Health (LDH),
				  that has the responsibility for developing, evaluating and guiding programs and
				  supports for Louisianas citizens with intellectual/developmental
				  disabilities.
Plan of Support
-the individualized plan for
				  provision of supports for individuals and families developed utilizing the most
				  recently approved format by the OCDD for individuals with
				  intellectual/developmental disabilities.
Support Coordination
-the provision of
				  assistance to individuals with intellectual/developmental disabilities or their
				  families to identify and coordinate necessary supports and to access, utilize
				  and maintain those supports in a fiscally sound manner.
Support Coordinator
-the person responsible
				  for support coordination for an individual with intellectual/developmental
				  disabilities and/or his/her family.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  28:824.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part IX - Developmental Disabilities Services › Chapter 11 - Individual and Family Support Program › Section IX-1105 - Participant Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each LGE
				will maintain a single participant record for each applicant or participant in
				the individual and family support program, which will comply with Louisiana
				Department of Health (LDH), OCDD, Health Insurance Portability and
				Accountability ACT (HIPAA) requirements. The record will reflect all aspects of
				service provision to the participant, inclusive of multiple or varied funding
				sources and/or fiscal year. The record shall include progress note entries that
				are legible and provide strict chronological documentation for all individual
				and family support case activity. Progress notes will also include the date
				written and the signature of the author of each note to be considered
				complete.
B. Each LGE administering
				the individual and family support program will comply with established policies
				and procedures of the LDH and the OCDD for the confidentiality of and access to
				participant records and the time-periods to retain those records.
C. The following additional information
				specific to the development of the request for individual and family support
				resources shall also be included in the participant record:
1. plan of support document that is current
				within a year or a comprehensive plan of care current within a year, which
				clearly identifies services requested and received from the LGE, or an
				EarlySteps individualized family services plan (IFSP), that is current within a
				year;
2. individual and family
				support prioritization instrument that is current within a year;
3. notice of decision for the individual and
				family support program;
4.
				individual and family support notice of right to appeal, as appropriate;
				and
5. individual and family
				support request for appeal, as appropriate.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part IX - Developmental Disabilities Services › Chapter 11 - Individual and Family Support Program › Section IX-1107 - Eligibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. The individual
				and family support program is a resource available to serve an individual with
				intellectual/developmental disabilities and his/her family as follows.
1. The individual lives in Louisiana and has
				a statement of approval to participate in intellectual/developmental
				disabilities services in accordance with the developmental disability
				law.
2. The individual may receive
				individual and family support funds to address identified needed supports to
				enable the person to remain in the community and/or to improve his/her quality
				of life.
3. The individual is at
				risk of being institutionalized or is institutionalized, but intends to return
				to the community with appropriate supports.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part IX - Developmental Disabilities Services › Chapter 11 - Individual and Family Support Program › Section IX-1109 - Request for Individual and Family Support Funding

Current through Register Vol. 50, No. 6, June 20, 2024
A. The request for individual and family
				support funding can be made by any eligible individual with
				intellectual/developmental disabilities, the applicants family or
				representatives, a support coordination agency, or designated facility
				personnel for individuals residing in facilities who desire to return to the
				community.
B. All requests for
				individual and family support funding will go to the geographically appropriate
				LGE for determination.
C.
				Participants must have a current statement of approval (SOA) or meet criteria
				and be enrolled in EarlySteps services to receive individual and family support
				funds. The developmental disabilities director may provide IFS funding to
				applicants who do not yet have, but are likely to receive, an SOA in emergent
				situations. The support coordinator or community services professional will
				assist the individual and/or family in completing the plan of support to
				request individual and family support funding.
1. The support coordinator or community
				services professional will complete the plan of support (or comprehensive plan
				of care) in cooperation with the applicant and his/her family and will provide
				information on available supports and the type of support requested. The
				individual and/or family will be considered the primary decision
				maker.
2. The LGE administering
				individual and family support (IFS) funds shall have the responsibility for
				determination of the prioritization for allocation of IFS funds.
3. The developmental disabilities director or
				his/her designee will determine if the request requires an expedited
				response.
4. Individuals with
				intellectual/developmental disabilities, and/or their families, will be
				notified of and have the opportunity to present their requests to the
				individual and family support committee in person or by representation of their
				choice.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part IX - Developmental Disabilities Services › Chapter 11 - Individual and Family Support Program › Section IX-1111 - Plan of Support

Current through Register Vol. 50, No. 6, June 20, 2024
A. There will
				be a single plan of support for each applicant for individual and family
				support funding, regardless of the funding mechanism or LGE delivering
				supports.
B. The support
				coordinator or community services professional will meet with the individual
				and their family (if applicable) to generate an individualized plan of support
				specific to the individuals need for supports, which will include the following
				as defined by the OCDD: personal outcome goal of the IFS being requested,
				exploration of readily available resources to provide the IFS being requested,
				the extent and duration of the IFS service being requested, statement of the
				total amount of funds to be expended, and the terms of service
				delivery.
C. The plan of support
				will reflect the participants current life situation in relation to the IFS
				being requested and what goal the IFS funds requested will meet. The plan of
				support will be reviewed and revised at least annually and also when the
				participants need for the IFS increases or decreases.
D. The plan of support will be completed
				prior to the development of any agreement to provide individual and family
				support, except in the case of an emergent situation as determined by the
				developmental disabilities director.
E. The plan of support will specify the
				conditions for use of service and reporting or documentary responsibilities of
				the participant and/or family receiving services.
F. The comprehensive plan of care generated
				by the support coordination agency for waiver services may serve as the plan of
				support according to conditions set forth by the OCDD.
G. The plan of support will be reviewed at
				least annually by the LGE and in other circumstances as defined by
				OCDD.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  28:824.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part IX - Developmental Disabilities Services › Chapter 11 - Individual and Family Support Program › Section IX-1113 - Prioritization for Individual and Family Support Funding

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each LGE will be responsible for the
				prioritization of all requests for individual and family support funding
				presented for a funding decision according to the following.
1. Priority 1. Without requested supports,
				there is an immediate or potential threat of out-of-home placement or
				homelessness due to:
a. the individual and/or
				caregivers emergent or acute medical care needs;
b. documented abuse or neglect of the
				individual requiring immediate action to preserve his/her health or
				safety;
c. death or inability of
				caregiver to continue care due to his/her own age or health exposing the
				individual and/or caregiver to substantial jeopardy;
d. caregivers inability to continue care
				without assistance due to employment or other family obligations;
e. the individuals intense or frequent
				challenging behavioral needs requiring immediate action to preserve his/her
				health; or
f. substantial threat
				that the individual will experience a health crisis leading to death,
				homelessness, hospitalization, or placement in a nursing facility without the
				requested supports.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part IX - Developmental Disabilities Services › Chapter 11 - Individual and Family Support Program › Section IX-1115 - Individual and Family Support Committee

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each LGE will maintain an individual and
				family support committee to be convened on a regular basis, but no less than
				quarterly, and on an as-needed basis, to serve as an advisory function to the
				LGE about allocation of funding.
B.
				The individual and family support committee shall be composed of the
				developmental disabilities director, or designee; the supervisor of the
				individual and family support program; the support coordinator/community
				support professional working with the applicant; at least one representative
				from an advocacy organization; at least one representative from the regional
				advisory committee; and at least one adult participant or a parent of a
				participant who has received supports through the individual and family support
				program. An adult participant or a parent may serve in a dual role on the
				committee.
C. The developmental
				disabilities director, or designee, shall report the activities of the
				individual and family support committee to the regional advisory committee at
				least quarterly. The report shall include:
1.
				number of persons receiving individual and family support funding;
2. types of supports provided;
3. total amount of funds budgeted and
				expended;
4. resolution of
				emergency funding requests and expenditures;
5. circumstances of imposition of fiscal
				controls imposed on participants in individual and family support funds, if
				any;
6. results of the quarterly
				supervisory review of at least 10 percent of active individual and family
				support cases completed;
7.
				composition of the IFS Committee and the number of times the committee met in
				the past quarter; and
8. number of
				IFS requests received by priority level and the disposition of each
				request.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part IX - Developmental Disabilities Services › Chapter 11 - Individual and Family Support Program › Section IX-1117 - Allocation of Individual and Family Support Funding

Current through Register Vol. 50, No. 6, June 20, 2024
A. Authorization for individual and family
				support funding will be made by the developmental disabilities director in
				cases determined to require immediate action. Factors which may influence
				allocation of funds under these circumstances include, but are not limited to:
1. urgency of need;
2. probable consequences of failure to
				allocate funds and possible benefits;
3. adequacy of utilization of and exploration
				of alternative resources; and
4.
				resources readily available to the individual with intellectual/developmental
				disabilities and/or the family.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part IX - Developmental Disabilities Services › Chapter 11 - Individual and Family Support Program › Section IX-1119 - Individual and Family Support Expenditures

Current through Register Vol. 50, No. 6, June 20, 2024
A. Individual and family support expenditures
				will only be authorized through a plan of support which will:
1. be generated no more than 90 calendar days
				before the request for support is made;
2. extend for the duration of any agreement
				to utilize individual and family support funds;
3. define the specific type and duration of
				supports needed; and
4. identify
				the agent(s) to provide the service and any special conditions associated with
				service delivery.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part IX - Developmental Disabilities Services › Chapter 11 - Individual and Family Support Program › Section IX-1121 - Implementing the Plan of Support

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				support coordinator or community services professional in cooperation with the
				participant and the family when applicable, will implement the plan of support
				as approved.
B. The support
				coordinator or community services professional will serve as the primary
				resource to applicants with intellectual/developmental disabilities and/or
				their families in development and implementation of the plan of
				support.
C. Participants and
				families receiving supports will be expected to assume personal responsibility
				for use of the individual and family support funds.
D. When participants have demonstrated the
				need for assistance in overseeing supports, which help maintain health, safety
				and protection from abuse, neglect or exploitation, the LGE will be responsible
				to provide active support to that individual and/or family.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  28:824.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part IX - Developmental Disabilities Services › Chapter 11 - Individual and Family Support Program › Section IX-1123 - Eligible Supports

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				individual and family support program supports are intended to maintain and/or
				improve maximum flexibility for eligible participants with
				intellectual/developmental disabilities and their families by meeting their
				needs to enable them to remain at home and be fully participating members of
				their communities. Because each individual is unique, supports will be
				person-centered and will change with time and the circumstances of the
				individual and family needing supports.
1.
				Examples of eligible supports include, but are not limited to:
a. special equipment/supplies;
b. special nutrition/clothing;
c. special therapies;
d. respite;
e. medical expenses;
f. medications;
g. therapeutic services;
h. personal care attendant;
i. home modifications;
j. crisis intervention;
k. family training/therapies;
l. homemaker services;
m. vehicle modifications;
n. recreation services;
o. communication services;
p. transportation;
q. counseling services;
r. home health services;
s. support coordination;
t. specialized utility costs;
u. sitter services;
v. equipment and supplies;
w. adaptive equipment;
x. nutritional supplies;
y. personal assistance services;
z. companion/roommate services;
aa. special evaluations;
bb. therapeutic nursing services;
cc. family subsidy;
dd. vocational/employment supports;
ee. specialized diagnosis and evaluation;
				and
ff. dental/medical
				care.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part IX - Developmental Disabilities Services › Chapter 11 - Individual and Family Support Program › Section IX-1125 - Ineligible Supports

Current through Register Vol. 50, No. 6, June 20, 2024
A. Supports
				ineligible for payment by individual and family support funding include, but
				are not limited to:
1. items or supports for
				which an individual or family is routinely eligible under existing programs,
				such as home and community-based waiver, Medicaid State Plan, EarlySteps,
				Louisiana Rehabilitation Services, local education agency or Medicaid funded
				behavioral health unless there is sufficient documented justification that the
				specific needs of the individual and/or family are not met;
2. items or supports for which a school-aged
				(3-22 years) child is eligible as a "related service" under Public Law 94-142,
				unless there is sufficient documentation of efforts to address the need through
				the child's individualized education program (IEP) and to pursue due process if
				warranted;
3. payments made towards
				or payments made for FICA taxes, workmans compensation insurance, liability
				insurance, etc. by a participant or their family to insure workers in their
				home providing IFS services.
4.
				behavior management for school-aged children, unless maladaptive behavior(s)
				will likely result in out-of-home placement in the absence of such
				supports;
5. funding for supports
				and/or equipment for individuals with developmental disabilities when needed
				only for the care giver's health, unless, such requests are based on supporting
				the care giver's long-term ability to maintain the participant in the home and
				community; and
6. funding for any
				costs associated with the participants individual or family liability for
				employment of persons to provide individual and family support funded services,
				more specifically FICA taxes, workmans compensation insurance,
				etc.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part IX - Developmental Disabilities Services › Chapter 11 - Individual and Family Support Program › Section IX-1127 - Payment Mechanisms

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				developmental disabilities director, or designee, may authorize expenditures of
				individual and family support funds and shall have final discretion on the type
				of payment mechanism, with appropriate prior notification to the executive
				director of a LGE as specified by the OCDD.
B. Individual and family support program
				supports may be provided through any legitimate and appropriate funding
				mechanism authorized by current Louisiana Department of Health (LDH)
				contracting or purchasing practices or the policies and procedures established
				by a LGE. This may include, but not be limited to, the use of individual
				agreements for goods and services, purchase orders (integrated statewide
				information system mechanism) for purchase of goods, and contracts for supports
				with either individuals or external agencies.
C. Documentation will be required for all
				individual and family support funds expended. This may take the form of
				receipts for goods or services, time-sheets for service delivery, utility
				statements, etc.
D. When an
				individual receiving individual and family support services moves to a region
				served by a different LGE and the service is still needed at the new location,
				the LGEs will negotiate the continuation of the funding of the service in order
				to ensure continuity of service.
E.
				The support coordinator or community services professional will instruct the
				participant and/or his/her family on the means to document delivery of
				supports, including providing appropriate billing forms and/or special
				instructions, both at the point of initiation of supports and quarterly
				thereafter for the duration of service provision.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  28:824.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part IX - Developmental Disabilities Services › Chapter 11 - Individual and Family Support Program › Section IX-1129 - Fiscal Control of Use of Individual and Family Support Funds

Current through Register Vol. 50, No. 6, June 20, 2024
A. The plan of support for each participant
				in individual and family support shall clearly reflect the intended utilization
				of supports and be specific to the type and level of support to be received;
				conditions of delivery of service; the frequency and duration of the
				service.
B. The developmental
				disabilities director or designee shall be responsible for the appropriate use
				of individual and family support funds in cooperation with the support
				coordinator or community services professional to ensure that no support or
				service is funded, which is not clearly identified on an approved plan of
				support.
C. All individual and
				family support agreements will contain clear identification that any payroll
				and/or other taxes are the sole responsibility of the participant and not the
				LGE. No individual and family support sponsored reimbursement may be used in
				any way to defer the participants responsibility for payroll tax payment or
				deferral.
D. All questions about
				payroll or other taxes or other fiscal responsibilities of participants of
				individual and family support funds are to be referred to tax specialists for
				advice and/or resolution of questions. No OCDD or LGE employee may answer
				participant questions about the legal obligations of the participant.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  28:824.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part IX - Developmental Disabilities Services › Chapter 11 - Individual and Family Support Program › Section IX-1131 - Monitoring the Plan of Support

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Support coordinator or community services professional will maintain at least
				quarterly contact with the participant, with documentation to the record, for
				the duration of supports; contact can be face-to-face or by telephone except
				that home or vehicle modification(s) will professional to ensure the
				modifications are completed and accepted by the participant or his/her family
				prior to payment. Regardless of the manner of monitoring, a record of
				monitoring activities shall be maintained in the participant record at the LGE
				office.
B. Active plans of support
				will be monitored for the duration of support provision; the participant record
				will clearly indicate the period during which monitoring will occur and the
				point at which monitoring can be terminated.
C. Monitoring of supports shall address
				fiscal issues of whether receipts satisfy and conform to the conditions of
				delivery of the plan of support. Processing of receipts and billing forms shall
				not be considered an adequate monitoring of delivery of support.
D. Monitoring of the plan of support will
				involve follow-up of questionable fiscal practices, including attempts to
				recoup inappropriate payment if necessary. Such instances will include, but not
				be limited to, when adequate receipts are not submitted, when eligibility is in
				question, or when the individual or family has demonstrated questionable
				compliance with program policy.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  28:824.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part IX - Developmental Disabilities Services › Chapter 11 - Individual and Family Support Program › Section IX-1133 - Regional Program Monitoring and Reporting

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each LGE will conduct a supervisory review
				of at least 10 percent of active plans of support of individual and family
				support applicants and participants on an at least quarterly basis to ensure
				compliance with program guidelines and quality of service delivery. This
				internal review shall be the responsibility of the LGE and supervisory
				personnel as designated by the developmental disabilities director.
B. Each LGE will monitor individual and
				family support funds allocated for its use and report quarterly in the format
				required by the OCDD. Periodic reports will be generated by the central data
				management system of the OCDD.
C.
				An annual review of LGE program operations will be completed by personnel of
				the OCDD, and each LGE will work cooperatively with officials of authorized
				state or federal agencies to satisfy audit or monitoring requirements as
				necessary.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  28:824.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part IX - Developmental Disabilities Services › Chapter 11 - Individual and Family Support Program › Section IX-1135 - Terminations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Terminations
				occur when an individual and family support service has been approved and is
				then terminated for one of the reasons listed in Subsection B of this Section.
				This is not the same as a closure of request, which occurs before a service is
				approved.
B. Terminations may be
				initiated by the LGE or individual or family receiving the individual and
				family support service for any of the following reasons:
1. death of the participant;
2. fraud;
3. relocation of the individual receiving
				supports outside of Louisiana;
4.
				termination of program;
5.
				participant is placed in an ICF/IID or other institutional setting;
6. at individuals request when the individual
				with intellectual/developmental disabilities is of majority and legally
				competent;
7. substantial changes
				occur and are not reported by the individual and/or family that results in the
				participant becoming eligible for support from sources other than the
				individual and family support program which include, but are not limited to:
a. receipt of, or certification of, Medicaid
				services, or EarlySteps;
b. receipt
				of Louisiana Rehabilitation Services
c. change in financial circumstances; or
d. change in living
				arrangements.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part IX - Developmental Disabilities Services › Chapter 11 - Individual and Family Support Program › Section IX-1137 - Appeals

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicants for
				and participants in the individual and family support program who have had
				supports approved in part, reduced, denied or terminated, shall have a right to
				appeal to the Division of Administrative Law-Louisiana Department of Health
				(LDH) section.
B. Applicants and
				participants in the individual and family support program will be informed of
				their right to appeal and of the process to appeal in writing.
C. 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.
D. To request an appeal,
				participants can contact either their support coordinator, community services
				professional or the LGE office by telephone, in writing, or in person for
				assistance.
E. The appellant, with
				or without the assistance of the support coordinator or community service
				professional, will be responsible for completing the appropriate documentation
				and forwarding it to the Division of Administrative Law-LDH section as set
				forth by the OCDD.
F. If the appeal
				is timely and services were in place at the time of the appeal, services will
				continue throughout the appeal process.
G. The LGE will cooperate with the Division
				of Administrative Law to provide information as appropriate to complete the
				appeal.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  28:824.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part IX - Developmental Disabilities Services › Chapter 15 - Pilot Program for Children with Developmental Disabilities Who Are Considered At-Risk Juveniles › Section IX-1501 - Statement of Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. OCDD is
				proposing to establish a pilot program consisting of a 4-bed home in the
				community designed to meet the needs of at-risk juveniles with developmental
				disabilities who may be referred to OCDD when their families or foster families
				can no longer meet their needs at home.
B. The pilot program shall consist of a 4-bed
				home providing therapeutic supports and services to at-risk juveniles. The
				pilot will be in Region 3.
C. After
				a thorough evaluation of the accumulated data and stated outcomes of this
				program, OCDD may propose expansion to other areas of the state based on the
				availability of funding.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  28:385(A) and Act 858 of
				  2004 Regular Legislative Session.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part IX - Developmental Disabilities Services › Chapter 15 - Pilot Program for Children with Developmental Disabilities Who Are Considered At-Risk Juveniles › Section IX-1503 - Establishment of Pilot Program

Current through Register Vol. 50, No. 6, June 20, 2024
A. OCDD
				will establish this pilot program directly or through written agreement with a
				provider organization in accordance with
				R.S.
				28:385(A) who complies with
				all contractual provisions for establishment and the program operations and
				procedures for Pilot Programs for Children with Developmental Disabilities Who
				are Considered At-Risk Juveniles.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  28:385(A) and Act 858 of
				  2004 Regular Legislative Session.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part IX - Developmental Disabilities Services › Chapter 15 - Pilot Program for Children with Developmental Disabilities Who Are Considered At-Risk Juveniles › Section IX-1505 - Program Definition

Current through Register Vol. 50, No. 6, June 20, 2024
A. At-Risk
				Juveniles-juveniles who are between 10 through 17 years of age inclusive, have
				a developmental disability which is primarily due to mental retardation, and
				manifest a co-occurring mental health disorder.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  28:385(A) and Act 858 of
				  2004 Regular Legislative Session.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part IX - Developmental Disabilities Services › Chapter 15 - Pilot Program for Children with Developmental Disabilities Who Are Considered At-Risk Juveniles › Section IX-1507 - Requirements of Program Participants

Current through Register Vol. 50, No. 6, June 20, 2024
A. Participants to be admitted to a Pilot
				Program for Children with Developmental Disabilities Who Are Considered At-Risk
				Juveniles shall be governed by the requirements contained at LAC 48:I, Chapter
				16, Section 1611 (Louisiana Register, Vol. 30, No. 1, January 2004).
B. Participants at the time of admission
				shall be at-risk juveniles between 10 and 16 years of age.
C. Participants to be admitted shall be
				at-risk juveniles who have service needs which are consistent with the
				therapeutic program and services offered for the current participants of the
				program.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  28:385(A) and Act 858 of
				  2004 Regular Legislative Session.