Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 97 - Nursing Facilities › Subchapter B - Organization and General Services › Section I-9771 - Visitation by Immediate Family Members and Other Designated Persons during a Declared Public Health Emergency

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
					 licensed nursing facility shall comply with any federal law, regulation,
					 requirement, order, or guideline regarding visitation in nursing facilities
					 issued by any federal government agency during a declared public health
					 emergency. The provisions of the licensing rules in §9771 B-E shall be
					 preempted by any federal statute, regulation, requirement, order, or guideline
					 from a federal government agency that requires a nursing facility to restrict
					 resident visitation in a manner that is more restrictive than the
					 rules.
B. Nursing facilities shall
					 comply with any Louisiana state health officer (SHO) order or emergency notice
					 regarding visitation in nursing facilities during a declared PHE.
C. Nursing facilities shall comply with any
					 executive order or proclamation issued by the governor of the state of
					 Louisiana regarding visitation in a nursing facility during a declared
					 PHE.
D. The provisions of this
					 Section regarding visitation by immediate family members of the resident and
					 other designated persons shall apply to all nursing facilities licensed by the
					 Department of Health.
E. Subject to
					 the requirements of
					 §9771 A-C, each
					 nursing facility shall allow immediate family members and other designated
					 persons to visit a resident of the nursing facility during a declared public
					 health emergency (PHE) when a resident, or his legal or designated
					 representative, requests a visit with immediate family members and other
					 designated persons, subject to the following conditions and requirements:
1. Each nursing facility shall have a written
					 policy and procedure addressing visitation by immediate family members and
					 other designated persons. A copy of the written policy and procedure shall be
					 available, without cost, to the resident and his legal or designated
					 representative, upon request. The nursing facility shall provide a link to an
					 electronic copy of the policy and procedure to immediate family members and
					 other designated persons, upon request.
2. A nursing facility's policy and procedure
					 regarding visitation by immediate family members and other designated persons
					 may adopt reasonable time, place, and manner restrictions, provided that such
					 restrictions are implemented by the nursing facility, in consultation with
					 appropriate medical personnel, for the purpose of mitigating the possibility of
					 transmission of any infectious agent or infectious disease or for the purpose
					 of addressing the medical condition or clinical considerations of an individual
					 resident.
3. A nursing facility's
					 policy and procedure on visitation by immediate family members and other
					 designated persons, at a minimum, requires the following:
a. that the nursing facility shall give
					 special consideration and priority for visitation by immediate family members
					 and other designated persons to residents receiving end-of-life care;
b. that visitation by immediate family
					 members of the residents and other designated persons may be screened for
					 infectious agents or infectious diseases and will pass such screening prior to
					 each visitation, utilizing at least the current screening or testing methods
					 and protocols recommended by the Centers for Disease Control and Prevention, as
					 applicable; if there is a current Louisiana SHO order or emergency notice that
					 requires more rigorous screening or testing methods and protocols, then the
					 nursing facility shall utilize those methods and protocols;
c. that an immediate family member or other
					 designated person may not be allowed to visit a nursing facility resident if
					 such immediate family member or other designated person has obvious signs or
					 symptoms of an infectious agent or infectious disease, or if such immediate
					 family member or other designated person tests positive for an infectious agent
					 or infectious disease;
d. that an
					 immediate family member or other designated person may not be allowed to visit
					 a nursing facility resident if the immediate family member or other designated
					 person refuses to comply with the provisions of the nursing facility's policy
					 and procedure or refuses to comply with the nursing facility's reasonable time,
					 place, and manner restrictions;
e.
					 that immediate family members and other designated persons may be required to
					 wear personal protective equipment as determined appropriate by the nursing
					 facility, considering the resident's medical condition or clinical
					 considerations; at the nursing facility's discretion, personal protective
					 equipment may be made available by the nursing facility to immediate family
					 members and other designated persons;
f. ...
g. that a nursing facility's policy and
					 procedure include provisions for compliance with any federal law, regulations,
					 requirements, orders, or guidelines regarding visitation in nursing facilities
					 issued by any federal government agency during a declared public health
					 emergency;
h. that includes
					 provisions for off-site visitation, allowing an immediate family member or
					 other designated person to visit a nursing facility resident away from the
					 facility campus; and
i. that a
					 resident and an immediate family member or other designated person shall have
					 the right to consensual, nonsexual physical contact such as hand holding or
					 hugging.
4. A nursing
					 facility shall submit a written copy of its visitation policies and procedures
					 to the Health Standards Section of LDH at the initial licensure
					 survey.
5. After licensure, the
					 nursing facility shall make its visitation policies and procedures available
					 for review by LDH at any time, upon request.
6. A nursing facility shall within 24 hours
					 after establishing its visitation policies and procedures, make its policies
					 and procedures easily accessible from the homepage of its
					 website.