reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter D - Service Delivery › Section I-5043 - Contract Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. A provider
					 may enter into contracts or other agreements with other companies or
					 individuals to provide services to a client. The provider is still responsible
					 for the management of the client's care and for all services provided to the
					 client by the contractor or its personnel.
B. When services are provided through
					 contract, a written contract shall be established. The contract shall include
					 all of the following items:
1. designation of
					 the services that are being arranged for by contract;
2. specification of the period of time that
					 the contract is to be in effect;
3.
					 a statement that the services provided to the client are in accordance with the
					 individual service plan;
4. a
					 statement that the services are being provided within the scope and limitations
					 set forth in the individual service plan and may not be altered in type, scope
					 or duration by the contractor;
5. a
					 statement that the contracted personnel shall meet the same qualifications and
					 training requirements as an employee of an HCBS agency who holds the same
					 position;
a. the provider shall be
					 responsible for assuring the contractor's compliance with all personnel and
					 agency policies required for HCBS providers during the contractual
					 period;
6. assurance
					 that the contractor completes the clinical record in the same timely manner as
					 required by the staff of the provider;
7. payment of fees and terms; and
8. assurance that reporting requirements are
					 met.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter D - Service Delivery › Section I-5045 - Transportation

Current through Register Vol. 50, No. 6, June 20, 2024
A. An HCBS provider
					 shall arrange for or provide transportation necessary for implementing the
					 client's service plan.
B. Any
					 vehicle owned by the agency or its employees, either contracted or staff, used
					 to transport client's shall be:
1. properly
					 licensed and inspected in accordance with state law;
2. maintained in an operational
					 condition;
3. operated at an
					 internal temperature that does not compromise the health, safety or needs of
					 the client.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter E - Client Protections › Section I-5049 - Client Rights

Current through Register Vol. 50, No. 6, June 20, 2024
A. Unless
					 adjudicated by a court of competent jurisdiction, client's served by HCBS
					 provider's shall have the same rights, benefits and privileges guaranteed by
					 the constitution and the laws of the United States and Louisiana, including but
					 not limited to the following:
1. human
					 dignity;
2. impartial access to
					 treatment regardless of:
a. race;
b. religion;
c. sex;
d. ethnicity;
e. age; or
f. disability;
3. cultural access as evidenced by:
a. interpretive services;
b. translated materials;
c. the use of native language when possible;
					 and
d. staff trained in cultural
					 awareness;
4. have sign
					 language interpretation, allow for the use of service animals and/or mechanical
					 aids and devices that assist those persons in achieving maximum service
					 benefits when the person has special needs;
5. privacy;
6. confidentiality;
7. access his/her records upon the client's
					 written consent for release of information;
8. a complete explanation of the nature of
					 services and procedures to be received, including:
a. risks;
b. benefits; and
c. available alternative services;
9. actively participate in
					 services, including:
a.
					 assessment/reassessment;
b. service
					 plan development; and
c.
					 discharge;
10. refuse
					 specific services or participate in any activity that is against their will and
					 for which they have not given consent;
11. obtain copies of the provider's complaint
					 or grievance procedures;
12. file a
					 complaint or grievance without retribution, retaliation or discharge;
13. be informed of the financial aspect of
					 services;
14. be informed of the
					 need for parental or guardian consent for treatment of services, if
					 appropriate;
15. personally manage
					 financial affairs, unless legally determined otherwise;
16. give informed written consent prior to
					 being involved in research projects;
17. refuse to participate in any research
					 project without compromising access to services;
18. be free from mental, emotional and
					 physical abuse, coercion and neglect;
19. be free from all restraints;
20. receive services that are delivered in a
					 professional manner and are respectful of the client's wishes concerning their
					 home environment;
21. receive
					 services in the least intrusive manner appropriate to their needs;
22. contact any advocacy resources as needed,
					 especially during grievance procedures;
23. discontinue services with one provider
					 and freely choose the services of another provider;
24. freedom and support to control their own
					 schedules and activities;
25.
					 access to food at any time; and
26.
					 have visitors of their choosing at any time.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter E - Client Protections › Section I-5051 - Grievances

Current through Register Vol. 50, No. 6, June 20, 2024
A. The agency shall
					 establish and follow a written grievance procedure to be used to formally
					 resolve complaints by clients, their family member(s) or a legal representative
					 regarding provision of services. The written grievance procedure shall be
					 provided to the client.
1. The notice of
					 grievance procedure shall include the names of organizations that provide free
					 legal assistance.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter F - Provider Responsibilities › Section I-5053 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. HCBS
					 providers shall have qualified staff sufficient in number to meet the needs of
					 each client as specified in the ISP and to respond in emergency
					 situations.
B. Additional staff
					 shall be employed or contracted as necessary to ensure proper care of client's
					 and adequate provision of services.
C. Staff shall have sufficient communication
					 and language skills to enable them to perform their duties and interact
					 effectively with clients and other staff persons.
D. All client calls to the provider's
					 published telephone number shall be returned within one business day. Each
					 client shall be informed of the provider's published telephone number, in
					 writing, as well as through any other method of communication most readily
					 understood by the client according to the following schedule:
1. upon admission to the HCBS provider
					 agency;
2. at least once per year
					 after admission; and
3. when the
					 provider's published telephone number changes.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter F - Provider Responsibilities › Section I-5055 - Core Staffing Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Administrative Staff. The following administrative staff is required for all
					 HCBS providers:
1. a qualified administrator
					 at each licensed geographic location who shall meet the qualifications as
					 established in these provisions; and
2. other administrative staff as necessary to
					 properly safeguard the health, safety and welfare of the clients receiving
					 services.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter F - Provider Responsibilities › Section I-5057 - Client Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. Client
					 records shall be accurately documented and maintained in the HCBS provider's
					 office. Current progress notes shall be maintained at the home. The provider
					 shall have a written record for each client which shall include:
1. other identifying data including:
a. name;
b. date of birth;
c. address;
d. telephone number;
e. social security number;
f. legal status; and
g. proof of interdiction or continuing
					 tutorship, if applicable.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter F - Provider Responsibilities › Section I-5059 - Client Funds and Assets

Current through Register Vol. 50, No. 6, June 20, 2024
A. The HCBS
					 provider shall not require that the provider be the manager of the client's
					 funds and shall develop and implement written policies and procedures to
					 protect client funds. client's shall have the right to control their personal
					 resources.
B. In the case of a
					 representative payee, all social security rules and regulations shall be
					 adhered to. The provider shall obtain written authorization from the client
					 and/or his/her legal or responsible representative if they will be designated
					 as the representative payee of the client's social security payment.
C. If the provider manages a client's
					 personal funds, the provider shall furnish a written statement which includes
					 the client's rights regarding personal funds, a list of the services offered
					 and charges, if any, to the client and/or his/her legal or responsible
					 representative.
D. If a client
					 chooses to entrust funds with the provider, the provider shall obtain written
					 authorization from the client and/or his/her legal or responsible
					 representative for the safekeeping and management of the funds.
E. The provider shall:
1. provide each client with an account
					 statement on a quarterly basis with a receipt listing the amount of money the
					 provider is holding in trust for the client;
2. maintain a current balance sheet
					 containing all financial transactions;
3. provide a list or account statement
					 regarding personal funds upon request of the client;
4. maintain a copy of each quarterly account
					 statement in the client's record;
5. keep funds received from the client for
					 management in a separate account and maintain receipts from all purchases with
					 each receipt being signed by the client and the staff assisting the client with
					 the purchase, or by the staff assisting the client with the purchase and an
					 independent staff when the client is not capable of verifying the purchase;
					 and
6. not commingle the clients'
					 funds with the provider's operating account.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter F - Provider Responsibilities › Section I-5061 - Quality Enhancement Plan

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
					 HCBS provider shall develop, implement and maintain a quality enhancement (QE)
					 plan that:
1. ensures that the provider is in
					 compliance with federal, state, and local laws;
2. meets the needs of the provider's
					 client's;
3. is attaining the goals
					 and objectives established by the provider;
4. maintains systems to effectively identify
					 issues that require quality monitoring, remediation and improvement
					 activities;
5. improves individual
					 client outcomes and individual client satisfaction;
6. includes plans of action to correct
					 identified issues that:
a. monitor the effects
					 of implemented changes; and
b.
					 result in revisions to the action plan;
7. is updated on an ongoing basis to reflect
					 changes, corrections and other modifications.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter F - Provider Responsibilities › Section I-5063 - Emergency Preparedness

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
					 disaster or emergency may be a local, community-wide, regional or statewide
					 event. Disasters or emergencies may include, but are not limited to:
1. tornados;
2. fires;
3. floods;
4. hurricanes;
5. power outages;
6. chemical spills;
7. biohazards;
8. train wrecks; or
9. declared health crisis.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter G - Adult Day Care Module › Section I-5071 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Providers applying for the Adult Day Care module under the HCBS license shall
					 meet the core licensing requirements as well as the module specific
					 requirements of this Section.
B. An
					 ADC program shall provide services for 10 or more functionally impaired adults
					 who are not related to the owner or operator of the HCBS provider.
1. For the purposes of this Section,
					 "
functionally impaired adult
" shall be defined as individuals
					 17 years of age or older who are physically, mentally or socially impaired to a
					 degree that requires supervision.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter G - Adult Day Care Module › Section I-5073 - Operational Requirements for ADC Facilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. The client/staff ratio in an ADC facility
					 shall be a minimum of one staff person per eight client's, unless additional
					 staff coverage is needed to meet the needs of the client, as specified in the
					 service plan.
B. Staff Training
1. ADC Staff in supervisory positions shall
					 have annual training in supervisory and management techniques.
2. Each ADC facility shall have a training
					 supervisor who shall receive at least 15 hours of annual vocational and/or
					 community-based employment training.
3. Once the training supervisor receives all
					 of the required training, he/she shall be responsible for ensuring that direct
					 care staff receives training on vocational and/or community-based employment
					 training.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter H - Family Support Module › Section I-5075 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Providers applying for the Family Support module under the HCBS license shall
					 meet the core licensing requirements as well as the module specific
					 requirements of this Section.
B.
					 Services covered by the family support module may include:
1. special equipment;
2. limited adaptive housing;
3. medical expenses and
					 medications;
4. nutritional
					 consultation and regime;
5. related
					 transportation;
6. special
					 clothing;
7. special
					 therapies;
8. respite
					 care;
9. dental care; and
10. family training and therapy.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter H - Family Support Module › Section I-5077 - Operational Requirements for Family Support Providers

Current through Register Vol. 50, No. 6, June 20, 2024
A. Providers shall ensure that each family
					 receiving services is assigned a service coordinator.
B. The service coordinator shall perform the
					 following tasks:
1. prepare a family study,
					 based on a home visit interview with the client, in order to ascertain what
					 appropriate family support services may be provided;
2. visit each client at least
					 quarterly;
3. maintain
					 documentation of all significant contacts; and
4. review and evaluate, at least every six
					 months, the care, support and treatment each client is receiving.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter I - Personal Care Attendant Module › Section I-5079 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Providers applying for the Personal Care Attendant module under the HCBS
					 license shall meet the core licensing requirement as well as the module
					 specific requirements of this Section.
B. Personal care attendant services may
					 include:
1. assistance and prompting with:
a. personal hygiene;
b. dressing;
c. bathing;
d. grooming;
e. eating;
f. toileting;
g. ambulation or transfers;
h. behavioral support;
i. other personal care needs; and
j. any non-complex medical task which can be
					 delegated;
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter I - Personal Care Attendant Module › Section I-5081 - Operational Requirements for PCA Providers

Current through Register Vol. 50, No. 6, June 20, 2024
A. PCA providers shall schedule personal care
					 attendant staff in the manner and location as required by each client's
					 ISP.
B. PCA providers shall have a
					 plan that identifies at least one trained and qualified back-up worker for each
					 client served.
1. It is the responsibility of
					 the provider to ensure that a trained and qualified back-up worker is available
					 as needed to meet the requirements of the ISP.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter J - Respite Care › Section I-5083 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Providers applying for the Respite Care module under the HCBS license shall
					 meet the core licensing requirement as well as the applicable module specific
					 requirements of this Section.
B.
					 Respite care may be provided as an in-home or center-based service. The
					 services may be provided in the client's home or in a licensed respite
					 center.
C. provider's of in-home
					 respite care services must comply with:
1.
					 all HCBS provider's core licensing requirements;
2. PCA module specific requirements;
					 and
3. the respite care services
					 module in-home requirements.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter J - Respite Care › Section I-5085 - Operational Requirements for In-Home Respite Care

Current through Register Vol. 50, No. 6, June 20, 2024
A. All in-home respite care service providers
					 shall:
1. make available to clients, the
					 public and HSS the day and hours that respite is to be provided;
2. make available to clients, the public and
					 HSS a detailed description of populations served as well as services and
					 programming; and
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter J - Respite Care › Section I-5087 - Operational Requirements for Center-Based Respite Care

Current through Register Vol. 50, No. 6, June 20, 2024
A. All center-based respite care service
					 providers shall meet the following daily aspects of care.
1. The daily schedule shall be developed in
					 relation to the needs of the clients.
2. Clients shall be assisted in ADL's as
					 needed.
a. The provider shall ensure that the
					 client has an adequate supply of clothing, needed personal care supplies, and
					 medications, if needed.
3. The provider shall make available to each
					 client an adequate number of supervised recreational activities.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter K - Substitute Family Care Module › Section I-5089 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Providers applying for the Substitute Family Care module under the HCBS license
					 shall meet the core licensing requirements as well as the module specific
					 requirements of this Section. In addition to complying with the appropriate
					 licensing regulations, SFC providers shall also establish:
1. an advisory committee comprised of persons
					 with developmental disabilities and their families to provide guidance on the
					 aspirations of persons with developmental disabilities who live in home and
					 community settings;
2. a medical
					 decision-making committee for each SFC client who is unable to give informed
					 consent for surgical or medical treatment which shall fulfill the requirements
					 for executing medical decision-making for those clients as required by R.S.
					 40.1299.53 or its successor statute.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter K - Substitute Family Care Module › Section I-5090 - Operational Requirements for Substitute Family Care provider's

Current through Register Vol. 50, No. 6, June 20, 2024
A. Training
1. Prior to the introduction of an SFC client
					 into a SFC home, the SFC provider shall ensure that the caregiver receives a
					 minimum of six hours of training designed to assure the health and safety of
					 the client, including any areas relevant to the SFC client's support needs.
a. The provider shall also conduct a formal
					 review of the SFC client's support needs, particularly regarding medical and
					 behavioral concerns as well as any other pertinent areas.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter K - Substitute Family Care Module › Section I-5091 - Operational Requirements for Substitute Family Care Caregivers

Current through Register Vol. 50, No. 6, June 20, 2024
A. The SFC
					 caregiver(s) shall provide environments that meet the needs of the
					 client's.
B. The SFC caregivers
					 home shall be located within a 25 mile radius of community facilities,
					 resources and services such as medical care, schools, recreation facilities,
					 churches and other community facilities.
C. The home of the SFC family shall not be
					 used as lodging for any person(s) who is not subject to the prior approval
					 certification process of the SFC family. The SFC family shall notify the
					 administrator, or designee of the SFC provider, of any person(s) allowed to
					 reside in the home following the initial certification.
1. In a non-emergent situation, prior
					 notification is required. In an emergent situation, notification shall be made
					 within 48 hours of the additional person's move into the substitute's family
					 home.
2. All persons residing with
					 the SFC family, including temporary or on a non-permanent basis, shall undergo
					 statewide criminal record background checks conducted by the Louisiana State
					 Police, or its authorized agent.
3.
					 The SFC family shall accept persons requiring care or supervision only through
					 the SFC provider with whom they have a current contract.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter L - Supervised Independent Living Module › Section I-5093 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Providers applying for the Supervised Independent Living Module under the HCBS
					 license shall meet the core licensing requirements as well as the module
					 specific requirements of this Section.
B. When applying for the SIL module under the
					 HCBS provider license, the provider shall indicate whether the provider is
					 initially applying as an SIL or as an SIL via shared living conversion process,
					 or both.
C. client's receiving SIL
					 services shall be at least 18 years of age. An SIL living situation is created
					 when an SIL client utilizes an apartment, house or other single living unit as
					 his place of residence.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						36:254 and
						R.S.
						40:2120.1.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter L - Supervised Independent Living Module › Section I-5095 - Supervised Independent Living Shared Living Conversion Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. The SIL Shared
					 Living Conversion process is a situation in which a home and community-based
					 shared living model, for up to six persons, may be chosen as a living option
					 for participants in the Residential Options Waiver or any successor
					 waiver.
B. Only an existing ICF/ID
					 group or community home with up to eight beds may voluntarily and permanently
					 close its home and its related licensed, Medicaid certified and enrolled ICF/ID
					 beds to convert to new community-based waiver opportunities (slots) for up to
					 six persons in shared living model or in combination with other ROW residential
					 options. These shared living models will be located in the community.
1. Notwithstanding any other provision to the
					 contrary, an SIL Shared Living Conversion model shall ensure that no more than
					 six ROW waiver clients live in an apartment, house or other single living
					 situation upon conversion.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter M - Supported Employment Module › Section I-5099 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 provider applying to be licensed as a supported employment provider agency
					 shall meet all of the HCBS provider core licensing requirements with the
					 exception of the following requirements. The supported employment provider
					 agency is not required to:
1. return all
					 telephone calls from client's within one business day, other than during
					 working hours;
2. have written
					 policies and procedures approved by the owner or governing body that addresses
					 client funds and emergency preparedness;
3. have written policies and procedures for
					 behavior management, provided that the provider has no client with behavior
					 management issues;
4. have licensed
					 nursing services staff and direct care staff;
5. have a client's assessment of needs
					 conducted by a registered nurse; and
6. maintain progress notes at the client's
					 home.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 51 - Home and Community-Based Services provider's › Subchapter A - Monitored In-Home Caregiving Module › Section I-5101 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Monitored in-home caregiving (MIHC) services are provided by a principal
					 caregiver to a client who lives in a private unlicensed residence.
1. The principal caregiver shall:
a. be contracted by the licensed HCBS
					 provider having a MIHC service module; and
b. reside with the client.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 51 - Home and Community-Based Services provider's › Subchapter A - Monitored In-Home Caregiving Module › Section I-5103 - Staffing Requirements, Qualifications, and Duties

Current through Register Vol. 50, No. 6, June 20, 2024
A. The MIHC provider shall employ a
					 registered nurse (RN) and a care manager who will monitor all clients served.
					 The RN or the care manager may also serve as the administrator if he/she meets
					 the requirements as set forth in §5055. A 1
B. The HCBS provider with a MIHC module shall
					 contract with at least one principal caregiver for each client served.
1. The principal caregiver shall:
a. serve only one client at any time;
					 and
b. be able to provide
					 sufficient time to the client as required to provide the care in accordance
					 with the ISP.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 51 - Home and Community-Based Services provider's › Subchapter A - Monitored In-Home Caregiving Module › Section I-5105 - Operational Requirements for Monitored In-Home Caregiving

Current through Register Vol. 50, No. 6, June 20, 2024
A. Training. The following requirements for
					 training and competency for the MIHC module shall substitute for the training
					 and competency requirements in §5055 H, §5055 I, and §5055 J
1. Prior to the principal caregiver providing
					 MIHC services to a client, the HCBS provider shall ensure that the principal
					 caregiver satisfactorily completes documented training in the following areas:
a. the clients support needs in accordance
					 with the ISP, including the following:
i.
					 medical and behavioral diagnoses;
ii. medical and behavioral health history;
iii. required ADLs and IADLs;
iv. management of aggressive
					 behaviors, including acceptable and prohibited responses; and
v. any other pertinent
					 information;
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 51 - Home and Community-Based Services provider's › Subchapter A - Monitored In-Home Caregiving Module › Section I-5107 - Qualified Setting Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 residence where MIHC services are provided to a client shall be a qualified
					 setting as stipulated herein. The qualified setting determination shall be
					 completed by the HCBS provider as part of the admission process and on an
					 on-going basis as stipulated herein.
B. In order for a setting to be determined
					 qualified for MIHC services, the setting shall meet the following criteria:
1. is a private residence located in
					 Louisiana, occupied by the client and a principal caregiver and shall not be
					 subject to state licensure or certification as a hospital, nursing facility,
					 group home, intermediate care facility for individuals with intellectual
					 disabilities or as an adult residential care provider;
2. is accessible to meet the specific
					 functional, health and mobility needs of the client residing in the qualified
					 setting;
3. is in compliance with
					 local health, fire, safety, occupancy, and state building codes for dwelling
					 units;
4. is equipped with
					 appropriate safety equipment, including, at a minimum, an easily accessible
					 class ABC fire extinguisher, smoke and carbon monoxide detectors (which shall
					 be audible in the clients and principal caregivers sleeping areas when
					 activated);
5. is equipped with
					 heating and refrigeration equipment for clients meals and/or food preparation,
					 e.g. warming or cooling prepared foods;
6. has a bedroom for the client which shall
					 contain a bed unit appropriate to his/her size and specific needs that includes
					 a frame, a mattress, and pillow(s). The bedroom shall have a closeable door and
					 window coverings to ensure privacy of the client with adequate lighting to
					 provide care in accordance with the ISP;
7. has a closet, permanent or portable, to
					 store clothing or aids to physical functioning, if any, which is readily
					 accessible to the client or the principal caregiver;
8. has a bathroom with functioning indoor
					 plumbing for bathing and toileting with availability of a method to maintain
					 safe water temperatures for bathing;
9. is equipped with functional air
					 temperature controls which maintain an ambient seasonal temperature between 65
					 and 80 degrees Fahrenheit;
10. is
					 maintained with pest control;
11.
					 is equipped with a 24 hour accessible working telephone and/or other means of
					 communication with health care providers;
12. is equipped with household first aid
					 supplies to treat minor cuts or burns; and
13. as deemed necessary, has secured storage
					 for potentially hazardous items, such as fire arms and ammunition, drugs or
					 poisons.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 51 - Home and Community-Based Services provider's › Subchapter A - Monitored In-Home Caregiving Module › Section I-5109 - Waiver of Module Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. In its
					 application for a license, or upon renewal of its license, a provider may
					 request a waiver of specific MIHC module licensing provisions.
1. The waiver request shall be submitted to
					 HSS, and shall provide a detailed description as to why the provider is
					 requesting that a certain licensing provision be waived.
2. HSS shall review such waiver request. Upon
					 a good cause showing, HSS, at its discretion, may grant such waiver, provided
					 that the health, safety, and welfare of the client is not deemed to be at risk
					 by such waiver of the provision(s).
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 52 - Pediatric Day Health Care Facilities › Subchapter A - General Provisions › Section I-5201 - Introduction

Current through Register Vol. 50, No. 6, June 20, 2024
A. A pediatric day
					 health care (PDHC) facility serves medically fragile individuals under the age
					 of 21, including technology dependent children who require close supervision.
					 These facilities offer an alternative health care choice to receiving in-home
					 nursing care. A PDHC facility may operate seven days per week and may provide
					 up to 12 hours of services per day per individual served.
B. The care and services to be provided by
					 the PDHC facility shall include, but is not limited to:
1. nursing care, including but not limited to
					 tracheotomy and suctioning care, medication management, IV therapy, and
					 gastrostomy care;
2. respiratory
					 care;
3. physical, speech, and
					 occupational therapies;
4.
					 assistance with activities of daily living;
5. transportation services;
6. socialization; and
7. education and training.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 52 - Pediatric Day Health Care Facilities › Subchapter A - General Provisions › Section I-5203 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Administrator
-the person who is in
						charge of the daily operation of the PDHC facility.
Department or DHH
-the Louisiana
						Department of Health and Hospitals.
Child
-a medically fragile individual
						under the age of 21 who receives services from a PDHC facility, including a
						technology dependent child who requires close supervision.
Licensee
-the person, partnership,
						company, corporation, association, organization, professional entity, or other
						entity to whom a license is granted by the licensing agency and upon whom rests
						the ultimate responsibility and authority for the conduct of and services
						provided by the PDHC facility.
Medically Fragile
-an individual who has
						a medically complex condition characterized by multiple, significant medical
						problems that require extended care.
Parent
-parent(s) or guardian with legal
						custody of the child.
Pediatric Day Health Care (PDHC)
						Facility
-a facility that serves medically fragile individuals under
						the age of 21, including technology dependent children who require close
						supervision.
Pediatric Nursing Experience
-being
						responsible for the care of acutely ill or chronically ill children.
Plan of Care
-the comprehensive plan
						developed by the PDHC facility for each child receiving services for
						implementation of medical, nursing, psychosocial, developmental, and
						educational therapies.
Prescribing Physician
-a physician,
						currently licensed to practice medicine in Louisiana, who:
1. signs the order admitting the child to the PDHC
						facility;
2. maintains overall responsibility for the child's
						medical management; and
3. is available for consultation and collaboration with
						the pediatric day health care staff.
Secretary
-the secretary of the
						Louisiana Department of Health and Hospitals, or his designee.
Technology Dependent Child
-a child who
						has a chronic disability that requires specific nursing interventions to
						compensate for the deficit of a life sustaining body function. The child
						requires daily, ongoing, intermittent care or monitoring by health care
						professionals or other trained personnel as prescribed by a
						physician.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						40:2193-40:2193.4.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 52 - Pediatric Day Health Care Facilities › Subchapter B - Licensing Procedures › Section I-5205 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
					 pediatric day health care facilities must be licensed by the department. A PDHC
					 facility shall not be established, opened, operated, managed, maintained, or
					 conducted in this state without a current valid license issued by the
					 Department of Health and Hospitals (DHH). DHH is the only licensing authority
					 for PDHC Facilities in the state of Louisiana. It shall be unlawful to operate
					 a PDHC facility without possessing a current, valid license by DHH. Each PDHC
					 facility shall be separately licensed.
B. A parent or legal guardian or legally
					 responsible person providing care to a medically fragile child in his/her home
					 or any other extended care or long term care facility is not considered to be a
					 PDHC facility and shall not be licensed as a PDHC facility.
C. A PDHC license shall:
1. be issued only to the person or entity
					 named in the license application;
2. be valid only for the facility to which it
					 is issued and only for the specific geographic address of that
					 facility;
3. be valid for one year
					 from the date of issuance, unless revoked, suspended, modified, or terminated
					 prior to that date, or unless a provisional license is issued;
4. expire on the last day of the twelfth
					 month after the date of issuance, unless timely renewed by the PDHC
					 facility;
5. not be subject to
					 sale, assignment, donation, or other transfer, whether voluntary or
					 involuntary; and
6. be posted in a
					 conspicuous place on the licensed premises at all times.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 52 - Pediatric Day Health Care Facilities › Subchapter B - Licensing Procedures › Section I-5207 - Initial Licensing Application Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. An initial application for licensing as a
					 PDHC facility shall be obtained from the department. A completed initial
					 license application packet for a PDHC facility must be submitted to and
					 approved by the department prior to an applicant providing PDHC facility
					 services. An applicant must submit a completed initial licensing packet to the
					 department, which shall include:
1. a
					 completed PDHC facility licensure application and the non-refundable licensing
					 fee as established by statute;
2. a
					 copy of the approval letter of the architectural facility plans from the DHH
					 Department of Engineering and Architectural Services and the Office of the
					 State Fire Marshal (OSFM);
3. a
					 copy of the on-site inspection report with approval for occupancy by the Office
					 of the State Fire Marshal;
4. a
					 copy of the health inspection report with approval of occupancy from the Office
					 of Public Health (OPH);
5. a copy
					 of statewide criminal background checks on all individual owners with a 5
					 percent or more ownership interest in the PDHC facility entity, and on all
					 members of the PDHC facility's board of directors, if applicable, and
					 administrators;
6. proof of
					 financial viability, comprised of the following:
a. a line of credit issued from a federally
					 insured, licensed lending institution in the amount of at least
					 $100,000;
b. general and
					 professional liability insurance of at least $300,000; and
c. worker's compensation insurance;
7. if applicable, Clinical
					 Laboratory Improvement Amendments (CLIA) certificate or CLIA certificate of
					 waiver;
8. a completed disclosure
					 of ownership and control information form;
9. a floor sketch or drawing of the premises
					 to be licensed;
10. the days and
					 hours of operation; and
11. 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 52 - Pediatric Day Health Care Facilities › Subchapter B - Licensing Procedures › Section I-5211 - Licensing Surveys

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prior to the
					 initial license being issued to the PDHC facility, an initial licensing survey
					 shall be conducted on-site at the facility to assure compliance with licensing
					 standards. The facility shall not provide services to any child until the
					 initial licensing survey has been performed and the facility found in
					 compliance with the licensing standards. The initial licensing survey shall be
					 an announced survey.
B. Once an
					 initial license has been issued, 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 required
					 statutes, laws, ordinances, rules, regulations, and fees. These surveys shall
					 be unannounced.
C. A follow-up
					 survey may be conducted for any survey where deficiencies have been cited to
					 ensure correction of the deficient practices.
1. A new provider that is issued a
					 provisional initial license or an existing provider that is issued a
					 provisional renewal license shall be required to correct all noncompliance or
					 deficiencies at the time the follow-up survey is conducted.
2. The department shall issue written notice
					 to the provider of the results of the follow-up survey.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 52 - Pediatric Day Health Care Facilities › Subchapter B - Licensing Procedures › Section I-5213 - Changes in Licensee Information or Personnel

Current through Register Vol. 50, No. 6, June 20, 2024
A. A PDHC facility license shall be valid
					 only for the person or entity named in the license application and only for the
					 specific geographic address listed on the license application.
B. Any change regarding the PDHC facility
					 name, "doing business as" name, mailing address, phone number, or any
					 combination thereof, shall be reported in writing to the department within five
					 days of the occurrence. Any change regarding the PDHC facility name or "doing
					 business as" name requires a change to the facility license and shall require a
					 $25 fee for the reissuance of an amended license.
C. Any change regarding the facility's key
					 administrative personnel shall be reported in writing to the department within
					 five days of the change.
1. Key
					 administrative personnel include the:
a.
					 administrator;
b. medical director;
					 and
c. director of
					 nursing.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 52 - Pediatric Day Health Care Facilities › Subchapter B - Licensing Procedures › Section I-5215 - Cessation of Business

Current through Register Vol. 50, No. 6, June 20, 2024
A. A facility
					 that intends to close or cease operations shall comply with the following
					 procedures:
1. give 30 days advance written
					 notice to:
a. the department;
b. the prescribing physician; and
c. the parent(s) or legal guardian or legal
					 representative;