reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 87 - Adult Brain Injury Facilities Licensing Standards › Subchapter A - General Provisions › Section I-8711 - Complaint Investigations

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 department shall conduct complaint investigations in accordance with
					 R.S.
					 40:2009.13 et seq.
B. Complaint investigations shall be
					 unannounced.
C. Upon request by the
					 department, an acceptable plan of correction shall be submitted by the facility
					 for any complaint investigation where deficiencies have been cited. Such plan
					 of correction shall be submitted within the prescribed timeframe.
D. A follow-up survey may be conducted for
					 any complaint investigation where deficiencies have been cited to ensure
					 correction of the deficient practices.
E. The department may issue appropriate
					 sanctions, including but not limited to, civil fines, directed plans of
					 correction, provisional licensure, denial of license renewal and license
					 revocation for non-compliance with any state law or regulation.
F. The departments surveyors and staff shall
					 be:
1. given access to all areas of the ABI
					 facility and all relevant files during any complaint investigation;
					 and
2. allowed to interview any
					 facility staff or resident, as necessary or required to conduct the
					 investigation.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 87 - Adult Brain Injury Facilities Licensing Standards › Subchapter A - General Provisions › Section I-8713 - Statement of Deficiencies

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 following statements of deficiencies issued by the department to an ABI
					 facility shall be displayed in a prominent place in the facility premises:
1. the most recent annual survey statement of
					 deficiencies; and
2. any subsequent
					 complaint survey statement of deficiencies.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 87 - Adult Brain Injury Facilities Licensing Standards › Subchapter A - General Provisions › Section I-8715 - Types of Licenses

Current through Register Vol. 50, No. 6, June 20, 2024
A. In the event
					 that the initial licensing survey finds that the ABI facility is compliant with
					 all licensing laws and regulations, and is compliant with all other applicable
					 required statutes, laws, ordinances, rules, regulations and fees, the
					 department shall issue a full license to the facility. The license shall be
					 valid until the expiration date shown on the license, unless the license is
					 modified, revoked, or suspended.
B.
					 In the event that the initial licensing survey finds that the ABI facility is
					 non-compliant with any licensing laws or regulations or any other applicable
					 required statutes, laws, ordinances, rules or regulations, but the department
					 in its sole discretion determines that the non-compliance does not present a
					 threat to the health, safety or welfare of the participants or persons
					 receiving services, the department may issue a provisional initial license for
					 a period not to exceed six months.
1. The
					 facility shall submit a plan of correction to LDH for approval and shall be
					 required to correct all such non-compliance or deficiencies prior to the
					 expiration of the provisional license.
a. If
					 all such non-compliance or deficiencies are determined by the department to be
					 corrected on a follow-up survey, a full license will be issued.
b. If all such non-compliance or deficiencies
					 are not corrected on the follow-up survey, or if new deficiencies that are a
					 threat to the health, safety or welfare of the client(s) are cited on the
					 follow-up, the provisional license will expire.
i. If the applicant still wishes to operate
					 as an ABI facility, it shall begin the initial licensing process again by
					 submitting a new initial license application packet and fee.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 87 - Adult Brain Injury Facilities Licensing Standards › Subchapter A - General Provisions › Section I-8717 - Changes in Licensee Information or Key Personnel

Current through Register Vol. 50, No. 6, June 20, 2024
A. A license shall apply only to the location
					 stated on the application and such license, once issued, shall not be
					 transferable from one place to another or from one person to another.
B. Any change in the facility regarding the
					 following shall be reported in writing to the department no less than five days
					 prior to the change:
1. entity
					 name;
2. doing business as (dba)
					 name;
3. geographic
					 address;
4. mailing address and/or
					 electronic address; and
5.
					 telephone number(s) and fax number(s).
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 87 - Adult Brain Injury Facilities Licensing Standards › Subchapter A - General Provisions › Section I-8719 - Change of Ownership

Current through Register Vol. 50, No. 6, June 20, 2024
A. The license
					 of an ABI facility is not transferable or assignable and cannot be
					 sold.
B. A change of ownership
					 (CHOW) of the facility shall be reported in writing to the department within
					 five days of the change of ownership.
C. A CHOW of a facility shall not be
					 submitted at time of the annual renewal of the facility's license.
D. Before an initial license can be issued to
					 the new owner, all licensing application requirements in accordance with the
					 provisions of this Chapter shall be met.
E. The applicant shall submit to the
					 department, pursuant to §8707 above, the following licensing requirements,
					 including but not limited to:
1. the completed
					 facility license application and non-refundable fee;
2. the disclosure of ownership
					 documentation;
3. a copy of a
					 statewide criminal background check conducted by the Louisiana State Police, or
					 its authorized agent, on all owners;
4. proof of financial viability as evidenced
					 by one of the following:
a. verification of
					 sufficient assets equal to $100,000 or the cost of three months of operation,
					 whichever is less; or
b. a letter
					 of credit issued from a federally insured, licensed lending institution in the
					 amount equal to $100,000 or the cost of three months of operation, whichever is
					 less;
5. proof of general
					 and professional liability insurance of at least $300,000;
6. proof of workers compensation
					 insurance;
7. if applicable, CLIA
					 certificate of waiver;
8.
					 disclosure of ownership and control information;
9. the days and hours of operation
					 (outpatient only);
10. a copy of
					 the articles of organization or articles of incorporation; 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 87 - Adult Brain Injury Facilities Licensing Standards › Subchapter A - General Provisions › Section I-8721 - Renewal of License

Current through Register Vol. 50, No. 6, June 20, 2024
A. License
					 Renewal Application.
1. In order to renew a
					 license, the ABI facility shall submit a completed license renewal application
					 packet to the department at least 30 days prior to the expiration of the
					 existing current license.
2. The
					 license renewal application packet shall include:
a. the license renewal application;
b. a current fire inspection and a current
					 health inspection, if applicable;
c. the license renewal fee; and
d. any other document required by the
					 department.
3. Upon
					 receipt of the completed license renewal application packet, the department
					 shall determine if the ABI facility continues to meet the statutory and
					 regulatory requirements for ABI facilities. The department may perform an
					 on-site survey upon annual renewal at intervals deemed necessary by the
					 department to determine compliance.
4. Failure to submit to the department a
					 completed license renewal application packet prior to the expiration of the
					 current license will result in the voluntary surrender of the ABI facility
					 license.
a. There is no right to an informal
					 reconsideration or an administrative appeal of a voluntary surrender of a
					 license by the facility.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 87 - Adult Brain Injury Facilities Licensing Standards › Subchapter A - General Provisions › Section I-8723 - Denial of License, Revocation of License, License Suspension and Denial of License Renewal

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 department may deny an application for a license, may deny a license renewal,
					 may suspend a license or may revoke a license in accordance with the provisions
					 of the Administrative Procedure Act (APA).
B. Denial of an Initial License
1. The department shall deny an initial
					 license in the event that the initial licensing survey finds that the ABI
					 facility is non-compliant with any licensing laws or regulations that present a
					 potential threat to the health, safety, or welfare of the clients or persons
					 receiving services.
2. The
					 department shall deny an initial license in the event that the initial
					 licensing survey finds that the ABI facility is non-compliant with any other
					 required statutes, laws, ordinances, rules or regulations that present a
					 potential threat to the health, safety or welfare of the clients or persons
					 receiving services.
3. The
					 department shall deny an initial license for any of the reasons that a license
					 may be revoked or denied renewal.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 87 - Adult Brain Injury Facilities Licensing Standards › Subchapter A - General Provisions › Section I-8725 - Notice and Appeal of License Denial, License Revocation, License Suspension and Denial of License Renewal

Current through Register Vol. 50, No. 6, June 20, 2024
A. Notice of a
					 license denial, license revocation, license suspension or denial of license
					 renewal shall be given to the facility in writing.
B. The ABI facility has a right to an
					 administrative reconsideration of the license denial, license revocation,
					 license suspension or denial of license renewal.
1. The ABI facility has 15 calendar days from
					 the receipt of the notice of the license denial, license revocation or denial
					 of license renewal to request an administrative reconsideration. The request
					 for administrative reconsideration shall be in writing and shall be forwarded
					 to the departments Health Standards Section.
2. The request for administrative
					 reconsideration shall include any documentation that demonstrates that the
					 determination was made in error.
3.
					 If a timely request for an administrative reconsideration is received by the
					 Health Standards Section, an administrative reconsideration shall be scheduled;
					 the facility shall be notified in writing of the scheduled date.
4. The facility shall have the right to
					 appear in person at the administrative informal reconsideration; the facility
					 may be represented by counsel at the administrative reconsideration.
5. Correction of a violation or deficiency
					 which is the basis for the denial, revocation, suspension or denial of license
					 renewal shall not be a basis for reconsideration.
6. The administrative reconsideration process
					 is not in lieu of the administrative appeals process.
7. The facility will be notified in writing
					 of the results of the administrative reconsideration.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 87 - Adult Brain Injury Facilities Licensing Standards › Subchapter A - General Provisions › Section I-8727 - Cessation of Business

Current through Register Vol. 50, No. 6, June 20, 2024
A. A cessation
					 of business or closure is deemed to be effective the date on which the facility
					 stops providing services to the community or clients.
1. Except as provided in §8729 (Temporary Inactivation of a License Due to a Declared Disaster or Emergency)
					 and §8731 (Inactivation of License due to Non-Declared Emergency or
					 Disaster) of these licensing regulations, a license shall be immediately null
					 and void if an ABI facility ceases to operate.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 87 - Adult Brain Injury Facilities Licensing Standards › Subchapter A - General Provisions › Section I-8729 - Inactivation of a License Due to a Declared Disaster or Emergency

Current through Register Vol. 50, No. 6, June 20, 2024
A. A facility
					 licensed in a parish which is the subject of an executive order or proclamation
					 of emergency or disaster issued in accordance with
					 R.S.
					 29:724 or
					 R.S.
					 29:766 may seek to inactivate its license for
					 a period not to exceed one year, provided that the following conditions are
					 met:
1. the facility shall submit written
					 notification to the Health Standards Section within 60 days of the date of the
					 executive order or proclamation of emergency or disaster that:
a. the facility has experienced an
					 interruption in the provisions of services as a result of events that are the
					 subject of such executive order or proclamation of emergency or disaster issued
					 in accordance with
					 R.S.
					 29:724 or
					 R.S.
					 29:766;
b. the facility intends to resume operation
					 as an ABI facility in the same service area;
c. includes an attestation that the emergency
					 or disaster is the sole causal factor in the interruption of the provision of
					 services;
d. includes an
					 attestation that all clients have been properly discharged or transferred to
					 another facility; and
e. provides a
					 list of each client and where that client is discharged or
					 transferred;
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 87 - Adult Brain Injury Facilities Licensing Standards › Subchapter A - General Provisions › Section I-8731 - Inactivation of License due to Non-Declared Emergency or Disaster

Current through Register Vol. 50, No. 6, June 20, 2024
A. An ABI facility
					 in an area or areas which have been affected by a non-declared emergency or
					 disaster may seek to inactivate its license, provided that the following
					 conditions are met:
1. the ABI facility shall
					 submit written notification to the Health Standards Section within 30 days of
					 the date of the non-declared emergency or disaster stating that:
a. the ABI facility has experienced an
					 interruption in the provisions of services as a result of events that are due
					 to a non-declared emergency or disaster;
b. the ABI facility intends to resume
					 operation as an ABI facility in the same service area;
c. the ABI facility attests that the
					 emergency or disaster is the sole causal factor in the interruption of the
					 provision of services; and
d. the
					 ABI facility's initial request to inactivate does not exceed one year for the
					 completion of repairs, renovations, rebuilding or replacement of the facility;
NOTE: Pursuant to these provisions, an extension of the
						30 day deadline for initiation of request may be granted at the discretion of
						the department.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 87 - Adult Brain Injury Facilities Licensing Standards › Subchapter A - General Provisions › Section I-8733 - Operating Without a License or in Violation of Departmental Regulations, Fines and Injunctive Relief

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
					 accordance with applicable state laws, rules and regulations, the department
					 shall fine any ABI facility that operates without a valid license issued by the
					 department, or operates in violation of departmental regulations. Such fines
					 are not to exceed two hundred fifty dollars for each day of such
					 offense.
B. Any such fines levied
					 and collected by the department, subject to applicable law, shall be used for
					 the benefit of clients in ABI facilities and shall be distributed in accordance
					 with criteria promulgated by rules of the department.
C. Notwithstanding the provisions of this
					 Section, the department may impose a fine(s) pursuant to
					 R.S.
					 40:2199 and the regulations promulgated
					 thereunder.
D. The facility may
					 request an administrative reconsideration and/or an administrative appeal of a
					 fine in accordance with the delay, notice and other procedures set forth in
					 R.S.
					 40:2199 and the regulations promulgated
					 thereunder.
E. If any ABI facility
					 operates without a valid license issued by the department, or in violation of
					 departmental regulations, the department may cause a civil suit to be
					 instituted in a district court in the parish in which the facility is located
					 for injunctive relief, including a temporary restraining order, to restrain the
					 institution, society, agency, corporation, person or persons or any group
					 operating the facility from continuing the violation.
AUTHORITY NOTE:
						Promulgated in accordance with R.S. 36:254 and
						40:2120.31-40.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 87 - Adult Brain Injury Facilities Licensing Standards › Subchapter A - General Provisions › Section I-8735 - Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any remittance
					 submitted to the department in payment of a required fee shall be in the form
					 of a company or certified check or money order made payable to the "Louisiana
					 Department of Health".
B. Fee
					 amounts shall be determined by the department.
C. Fees paid to the department are not
					 refundable.
D. A fee is required to
					 be submitted with:
1. an initial
					 application;
2. a renewal
					 application;
3. a change of
					 controlling ownership;
4. a change
					 of name or physical address; and
5.
					 each offsite residential location.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 87 - Adult Brain Injury Facilities Licensing Standards › Subchapter B - Organization and Administration › Section I-8741 - Governing Body

Current through Register Vol. 50, No. 6, June 20, 2024
A. Governing Body.
					 The ABI facility shall have an identifiable governing body which has the
					 responsibility and authority for the policies and procedures of the facility.
1. The governing body shall be designated in
					 writing.
2. When the governing body
					 of a facility is comprised of more than one person, the governing body shall
					 hold formal meetings at least twice a year. There shall be written bylaws
					 specifying frequency of meetings and quorum requirements. There shall be
					 written minutes of all meetings.
3.
					 When the governing body is composed of only one person, this person shall
					 assume all responsibilities of the governing body.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 87 - Adult Brain Injury Facilities Licensing Standards › Subchapter B - Organization and Administration › Section I-8743 - Governing Body Responsibilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
					 ABI facility shall comply with all federal, state and local laws, rules and
					 regulations in the development and implementation of its policies and
					 procedures. The governing body shall ensure all of the following requirements
					 are met.
B. Policies and
					 Procedures. The facility shall have:
1.
					 written policies and procedures approved by the governing body that address the
					 following:
a. confidentiality of client
					 information and security of client files;
b. advertising;
c. personnel;
d. clients rights;
e. a grievance procedure to include
					 documentation of grievances, investigation, resolution and response to
					 complainant in a timely manner, time frame in which facility will respond, and
					 an appeals process for grievances;
f. safekeeping of personal possessions, if
					 applicable;
g. clients funds, if
					 applicable;
h. emergency and
					 evacuation procedures;
i. abuse,
					 neglect and exploitation, and documentation and reporting of same;
j. incidents and accidents and documentation
					 of same;
k. admissions and
					 discharge procedures;
l. medication
					 administration; and
m. safety of
					 the client while being transported by an agency employee, either contracted or
					 staff, that includes a process for evaluation of the employees drivers license
					 status inquiry report which may prohibit an employee from transporting
					 clients;
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 87 - Adult Brain Injury Facilities Licensing Standards › Subchapter B - Organization and Administration › Section I-8745 - Required Staffing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each ABI
					 facility shall be staffed to sufficiently safeguard the health, safety and
					 welfare of the clients, as required by these regulations.
B. At a minimum, the following staff
					 positions are required; however, one person may occupy more than one position.
1. Director
a. Each facility shall have a qualified
					 director who is an employee of the facility. Responsibilities include the
					 day-to-day management, supervision, operation of the facility and ensuring the
					 individual service plan is implemented and carried out.
i. It is the responsibility of the director
					 to contact the clients representative, if applicable, and request assistance to
					 help the client in adjusting to the facility at the first indication of an
					 adjustment problem.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 87 - Adult Brain Injury Facilities Licensing Standards › Subchapter C - Client Protection › Section I-8753 - Client Association

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 facility shall provide a formal process and structure by which clients, in
					 representative groups and/or as a whole, are given the opportunity to advise
					 the director regarding client services and life at the facility. Any client
					 request, concerns or suggestions presented through this process will be
					 addressed by the director within a reasonable time frame, as necessitated by
					 the concern, request or suggestion. The facility shall have policies and
					 procedures addressing the following:
1. the
					 times and frequency of use of the public or communal telephone;
2. visitors;
3. hours and volume for viewing and listening
					 to television, radio, and other media;
4. movement of clients in and out of the
					 home;
5. use of personal property;
					 and
6. care of pets.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 87 - Adult Brain Injury Facilities Licensing Standards › Subchapter C - Client Protection › Section I-8755 - Grievance Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. The facility
					 shall establish and have written grievance procedures to include, but are not
					 limited to:
1. a formal process to present
					 grievances;
2. a formal appeals
					 process for grievances; and
3. a
					 process to respond to client requests and/or client grievances in a timely
					 manner, and the time frames in which the facility shall respond.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 87 - Adult Brain Injury Facilities Licensing Standards › Subchapter C - Client Protection › Section I-8757 - Personal Possessions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 facility may, at its discretion, offer to clients the service of safekeeping of
					 valuable possessions. The facility shall have a written statement of its
					 policy.
1. If the facility offers such a
					 service, a copy of the written policy and procedures shall be given to a client
					 at the time of his/her admission.
2. The facility shall give the client a
					 receipt listing each item that it is holding in trust for the client. The
					 facility shall maintain a copy of the receipt.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 87 - Adult Brain Injury Facilities Licensing Standards › Subchapter C - Client Protection › Section I-8759 - Client Funds

Current through Register Vol. 50, No. 6, June 20, 2024
A. If a facility
					 offers the service of safekeeping and/or management of clients personal funds,
					 the facility's admission agreement shall include the clients rights regarding
					 personal funds and list the services offered and charges, if any. Any charges
					 assessed shall not exceed the actual cost incurred by the facility for the
					 provision of the services.
B. There
					 is no obligation for a client to deposit funds with the facility or have the
					 facility manage his/her funds, and the facility may not require the client to
					 deposit his/her funds with the facility. If a facility offers the service of
					 safekeeping and if a client wishes to entrust funds, the facility shall:
1. obtain written authorization from the
					 client and/or his/her representative to safekeeping of funds;
2. provide each client with a receipt listing
					 the amount of money the facility is holding in trust for the client;
3. maintain a current balance sheet
					 containing all financial transactions to include the signatures of staff and
					 the client for each transaction; and
4. not accept more than $300 of a clients
					 money.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 87 - Adult Brain Injury Facilities Licensing Standards › Subchapter C - Client Protection › Section I-8761 - Emergency and Evacuation Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. Disaster and emergency plans shall be
					 developed by the governing body, and updated annually, which are based on a
					 risk assessment using an all hazards approach for both internal and external
					 occurrences. Disaster and emergency plans shall include provisions for persons
					 with disabilities.
B. The facility
					 shall develop and implement policies and procedures based on the emergency
					 plan, risk assessment, and communication plan which shall be reviewed and
					 updated at least annually. Such policies shall include a system to track on
					 duty staff and sheltered clients, if any, during the emergency.
C. The facility shall develop and maintain an
					 emergency preparedness communication plan that complies with both federal and
					 state laws. Client care shall be well-coordinated within the facility, across
					 health care providers and with state and local public health departments and
					 emergency systems.
D. Additional
					 Requirements
1. The ABI facility shall have
					 continuously available telephone service on a 24-hour basis.
2. The ABI facility shall either post
					 telephone numbers of emergency services, including the fire department, police
					 department, medical services, poison control and ambulance or show evidence of
					 an alternate means of immediate access to these services.
3. The ABI facility shall have a detailed
					 written plan and procedure including the evacuation of residences or sheltering
					 in place as appropriate to meet all potential emergencies and disasters such as
					 fire, severe weather and missing clients. The ABI facility shall implement this
					 plan in the event that an emergency or disaster occurs. These emergency and
					 evacuation procedures shall include:
a. an
					 agreement with a host or receiving facility, transportation, medications, food
					 and necessary items to be evacuated with clients to safe or sheltered areas.
					 Plans that family may evacuate the client when possible;
b. means for an ongoing safety program
					 including continuous inspection of the facility for possible hazards,
					 continuous monitoring of safety equipment and investigation of all accidents or
					 emergencies;
c. fire prevention and
					 evacuation plan and this plan shall be posted in each facility in a conspicuous
					 place and kept current;
d. fire
					 drills shall be documented for each shift at least quarterly;
NOTE: The drills may be announced in advance to the
						clients.
e. shelter in place
					 when appropriate;
f. transportation
					 arrangements for hospitalization or any other services which are
					 appropriate;
g. maintenance of a
					 first aid kit for emergencies; and
h. any emergency equipment appropriate for
					 the ABI facility's client population.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 87 - Adult Brain Injury Facilities Licensing Standards › Subchapter C - Client Protection › Section I-8763 - Incidents/Accidents

Current through Register Vol. 50, No. 6, June 20, 2024
A. The ABI facility
					 shall have written procedures for the reporting and documentation of unusual
					 incidents and other situations or circumstances affecting the health, safety or
					 well-being of a client or clients. (i.e., death of unnatural causes, injuries,
					 fights or physical confrontations, situations requiring the use of passive
					 physical restraints, suspected incidents of abuse or neglect).
1. Such procedures shall ensure timely verbal
					 reporting to the director or designee and a preliminary written report within
					 24 hours of the incident.
2.
					 Incidents or accidents shall be documented in the client record. An incident
					 report shall be maintained by the facility.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 87 - Adult Brain Injury Facilities Licensing Standards › Subchapter C - Client Protection › Section I-8765 - Abuse and Neglect

Current through Register Vol. 50, No. 6, June 20, 2024
A. The ABI
					 facility shall develop, implement and comply with facility-specific written
					 policies and procedures related to compliance with this Section, including, but
					 not limited to policies and procedures that include provisions for:
1. protect clients from abuse/neglect and/or
					 injury inflicted by other clients, staff or third parties;
2. ensure that the client and/or reporter of
					 the abuse is protected from potential harassment during the
					 investigation;
3. ensure training
					 and maintaining staff awareness of abuse prevention, current definitions of
					 abuse and neglect, reporting requirements and applicable laws;
4. ensure that procedures for reporting
					 critical incidents involving abuse and neglect are followed; and
5. ensure that the director completes an
					 investigation report within five working days.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 87 - Adult Brain Injury Facilities Licensing Standards › Subchapter D - Admissions, Transfers and Discharges › Section I-8771 - Admission

Current through Register Vol. 50, No. 6, June 20, 2024
A. Admission
					 Criteria
1. The ABI facility shall have a
					 clear and specific written description of admission policies and procedures.
					 This written description shall include, but is not limited to:
a. the application process and the possible
					 reasons for the rejection of an application;
b. types of clients suitable to the ABI
					 facility; and
c. services offered
					 and allowed in the ABI facility.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 87 - Adult Brain Injury Facilities Licensing Standards › Subchapter D - Admissions, Transfers and Discharges › Section I-8773 - Transfer or Discharge

Current through Register Vol. 50, No. 6, June 20, 2024
A. The director
					 shall, in consultation with the client and the representative, if applicable,
					 assist in planning and implementing the transfer or discharge of the client
					 when:
1. the clients adjustment to the ABI
					 facility is not satisfactory as determined by the director in consultation with
					 the client or his/her representative;
2. the client is in need of services that the
					 facility cannot provide or obtain for the client; or
3. the client or representative has failed to
					 pay all fees and costs stated in the admission agreement or otherwise
					 materially breached the admission agreement.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 87 - Adult Brain Injury Facilities Licensing Standards › Subchapter E - Participation Requirements › Section I-8777 - Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. Assessment,
					 Service Coordination, and Monitoring
1.
					 Within seven days of admission, the facility shall complete an assessment to
					 determine the needs and preferences of the client. The assessment shall include
					 but is not limited to:
a. review of physical
					 health, psycho-social status and cognitive status and determination of services
					 necessary to meet those needs;
b. a
					 summary of the clients health needs, if any, including medication, treatment
					 and special diet orders obtained from professionals with responsibility for the
					 clients physical or emotional health;
c. a written description of the activities of
					 daily living and instrumental activities of daily living for which the client
					 requires assistance, if any, obtained from the client, the clients physician,
					 family or representative;
d. the
					 clients interests, likes and dislikes;
e. recreational and social activities which
					 are suitable or desirable;
f. a
					 plan for handling special emergency evacuation needs; and
g. additional information or documents
					 pertinent to the clients service planning, such as guardianship papers, power
					 of attorney, living wills, do-not-resuscitate orders, or other relevant medical
					 documents.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 87 - Adult Brain Injury Facilities Licensing Standards › Subchapter F - Quality Enhancement Plan › Section I-8781 - Quality Enhancement

Current through Register Vol. 50, No. 6, June 20, 2024
A. An ABI
					 facility shall develop, implement and maintain a quality enhancement (QE) plan
					 that:
1. ensures that the facility is in
					 compliance with federal, state, and local laws;
2. meets the needs of the facility's
					 clients;
3. is attaining the goals
					 and objectives established by the facility;
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; and
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 87 - Adult Brain Injury Facilities Licensing Standards › Subchapter G - Physical Environment › Section I-8785 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Interior
					 Space
1. The facility shall be designed,
					 constructed, equipped and maintained to meet the accessibility needs of the
					 clients in accordance with applicable federal and state laws, rules and
					 regulations for persons with disabilities.
2. Handrails and sufficient lighting shall be
					 integrated into public areas as appropriate to assist clients in
					 ambulation.
3. Sufficient lighting
					 shall be provided for general lighting and reading in bedrooms and common
					 areas.
4. Night lights for
					 corridors, emergency situations and the exterior shall be provided as needed
					 for security and safety.
5. Windows
					 used for ventilation to the outside and exterior doors used for ventilation
					 shall be screened, intact and operable.
6. The facility shall be kept free of
					 hazards.
7. The facility shall have
					 sufficient and separate storage space for administration records, cleaning
					 supplies (janitorial), food service (supplies), lawn maintenance (equipment)
					 and locked areas for medications.
8. Poisonous and toxic materials shall be
					 identified, and stored in a separate cabinet used for no other
					 purpose.
9. There shall be evidence
					 of routine maintenance and cleaning programs in all areas of the facility. The
					 facility shall replace or repair broken, worn or defective furnishings and
					 equipment promptly.
10. The
					 facility shall have an effective pest control program.
11. The facility shall have a system in place
					 to control water temperature to prevent burns and ensure client
					 safety.
12. The facility shall be
					 maintained at a comfortable seasonal temperature (65 to 80 degrees Fahrenheit)
					 in all indoor public and private areas.
13. The facility shall be furnished according
					 to the activities offered. Furniture shall be clean, safe, operable, where
					 applicable and appropriate for the functional program. Furniture shall be
					 available to facilitate usage by the number of clients in the
					 facility.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 87 - Adult Brain Injury Facilities Licensing Standards › Subchapter G - Physical Environment › Section I-8787 - Residential Facilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. The ABI
					 facility shall ensure that each single occupancy bedroom has a floor area of at
					 least 100 net square feet, exclusive of bathrooms, closets or storage space and
					 that each multiple occupancy bedroom has a floor area of at least 70 net square
					 feet for each client. There shall be no more than two clients per bedroom. The
					 facility shall strive to maintain a home-like environment.
B. A facility shall not use a room with a
					 ceiling height of less than 7 feet, 6 inches as a bedroom, unless, in a room
					 with varying ceiling heights, the portions of the room where the ceiling is at
					 least 7 feet, 6 inches allow a usable floor space.
C. A facility shall not use as a bedroom any
					 room which does not have a window opening to the outside.
D. Each client in the facility shall have
					 his/her own bed. Cots, bunk beds or portable beds are prohibited.
E. A facility shall ensure that sheets,
					 pillows and pillow cases, bedspreads and blankets are provided for each client
					 as needed. Linens that are torn, worn or frayed shall not be
					 utilized.
F. Each client shall be
					 provided with individual space, in the bedroom, for personal possessions or
					 clothing such as dressers, chest of drawers, etc.
G. Clients shall be allowed to decorate their
					 own bedrooms with personal effects, such as pictures, etc.
H. Each bedroom shall have a closet which
					 opens directly into the room and be of sufficient size to serve the occupants
					 of the bedroom.
1. If the bedroom does not
					 have a closet opening into the room, there shall be a moveable closet or
					 armoire available in the bedroom.
2. If a moveable closet or armoire is used,
					 this space shall not be counted in the net floor space.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 87 - Adult Brain Injury Facilities Licensing Standards › Subchapter G - Physical Environment › Section I-8789 - Community Living

Current through Register Vol. 50, No. 6, June 20, 2024
A. General.
					 Community living facilities shall provide a home or apartment setting, or
					 efficiency/studio apartments providing a rehabilitative treatment environment.
					 The community living facility shall be equipped in a manner to help ensure
					 clients their privacy, dignity and independence while preparing them for
					 community integration. There shall be no more than three bedrooms per apartment
					 or six beds per home. Each shall strive to maintain a home-like environment and
					 shall be furnished for living. Each home/apartment shall include at a minimum:
1. a food preparation area consisting of a
					 sink with hot and cold running water, electrical outlets in compliance with
					 applicable laws and regulations, mini refrigerator, cooking appliance, food
					 storage cabinets and counter space;
2. a bathroom that is shared by no more than
					 four individuals which includes a toilet, sink and shower or tub with hot and
					 cold running water, shall be equipped with functional aides and shall be
					 accessible to the individual(s) using it and electrical outlets shall be in
					 compliance with applicable laws and regulations;
3. dining/sitting/bedroom area;
4. sufficient storage/closet space;
5. an operating emergency call system (wired
					 or wireless) is required for those clients that live alone without 24-hour
					 on-site supervision and shall be easily accessible to those clients that live
					 alone, in the event of an emergency and shall register at a location that is
					 monitored at all hours of the day and night;
6. a lockable front door that can be
					 controlled by the client;
7.
					 heating, ventilation and air conditioning (HVAC) thermostats that can be
					 individually controlled by the client, with a locking mechanism provided, if
					 required to prevent harm to a client;
8. at least one operating telephone available
					 24 hours/day; and
9. the ABI
					 facility shall ensure that any living situation that is selected by the client
					 is:
a. accessible to and functional for the
					 inhabitants of the living space, considering any handicapping condition or
					 other disability of the clients;
b.
					 free from any hazard to the health or safety of the clients;
c. properly equipped with useable facilities
					 for sleeping, food storage and preparation, sanitation, bathing, personal
					 hygiene and household cleaning;
d.
					 accessible to transportation; and
e. accessible to any services as required by
					 the clients plan of services or individual program, and in compliance with
					 applicable health, safety and sanitation codes.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 87 - Adult Brain Injury Facilities Licensing Standards › Subchapter G - Physical Environment › Section I-8791 - Outpatient Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. The
					 ABI facility that elects to provide the outpatient level of care shall do so in
					 a facility that meets the following space requirements.
1. At a minimum, one therapy room shall be
					 provided within the treatment space. Use of this room for evaluations and
					 private communication with client and/or family as well as therapy requiring
					 privacy or seclusion shall be permitted.
2. A therapy room shall have a minimum clear
					 floor area of 70 square feet.
3.
					 Size requirements shall be based upon the types of services provided and the
					 equipment used for therapeutic treatment. Sufficient space shall be provided to
					 allow access to the equipment by the client and the therapist when in
					 use.
4. At least one hand-washing
					 station shall be provided within the treatment area.
5. Designated work space shall be provided
					 for therapists and/or other staff.
6. There shall be a secure area for storage
					 of client treatment records.
7.
					 There shall be an administrative area available and designated for office
					 equipment.
8. There shall be a
					 separate toilet room for clients and staff/visitors.
9. The outpatient facility shall be in
					 compliance with federal, state and local rules, laws and regulations applicable
					 to persons with disabilities.
10.
					 There shall be a waiting area for clients with sufficient seating for numbers
					 of clients served.