reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 47 - Family Violence Shelter › Section I-4743 - Personnel Practices

Current through Register Vol. 50, No. 6, June 20, 2024
A. A provider
				  shall have written personnel policies and written job descriptions for each
				  staff position.
B. A provider shall
				  have a written employee grievance procedure.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 46:2125.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 47 - Family Violence Shelter › Section I-4745 - Number and Qualifications of Staff

Current through Register Vol. 50, No. 6, June 20, 2024
A. A provider shall employ a sufficient
				  number of qualified staff and delegate sufficient authority to such staff to
				  ensure that the responsibilities the provider undertakes are carried out, and
				  to adequately perform the following functions:
1. administrative functions;
2. fiscal functions;
3. clerical functions;
4. direct client service functions;
5. supervisory functions;
6. recordkeeping and reporting
				  functions;
7. social service
				  functions;
8. ancillary service
				  functions.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 47 - Family Violence Shelter › Section I-4747 - External Professional Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. A provider shall obtain any required
				  professional services not available from employees of the provider and shall
				  have documentation of access to such services either in the form of a written
				  agreement with an appropriately qualified professional, or written agreements
				  with the state for required resources.
AUTHORITY NOTE:
					 Promulgated in accordance with R. S. 46:2125.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 47 - Family Violence Shelter › Section I-4749 - Volunteers/Student Interns

Current through Register Vol. 50, No. 6, June 20, 2024
A. A provider
				  which utilizes volunteers or student interns on a regular basis, shall have a
				  written plan for using such resources. This plan shall be given to all
				  volunteers and interns. The plan shall indicate that all volunteers and interns
				  shall:
1. be directly supervised by a paid
				  staff member;
2. be oriented and
				  trained in the philosophy of the facility and the needs of clients, and methods
				  of meeting those needs;
3. be
				  subject to character and reference checks similar to those performed for
				  employment applicants;
4. be aware
				  of and be briefed on any special needs or problems of clients.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 47 - Family Violence Shelter › Section I-4751 - Staff Communications

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				  provider shall establish procedures to assure adequate communication among
				  staff to provide continuity of services to the client. This system of
				  communication shall include:
1. a regular
				  review of individual and aggregate problems of clients including actions taken
				  to resolve these problems;
2.
				  sharing of daily information noting unusual circumstances and other information
				  requiring continued action by staff;
3. records maintained of all accidents,
				  personal injuries and pertinent incidents related to implementation of client's
				  individual service plans.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 47 - Family Violence Shelter › Section I-4753 - Physical Environment

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Accessibility
1. A provider's building,
				  parking lots and facilities shall be accessible to and functional for clients
				  and staff members.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 47 - Family Violence Shelter › Section I-4755 - Exterior Space

Current through Register Vol. 50, No. 6, June 20, 2024
A. A provider shall
				  ensure that all structures on the grounds of the facility accessible to clients
				  are maintained in good repair and are free from any excessive hazard to health
				  and safety.
AUTHORITY NOTE:
					 Promulgated in accordance with R. S. 46:2125.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 47 - Family Violence Shelter › Section I-4757 - Interior Space

Current through Register Vol. 50, No. 6, June 20, 2024
A. A provider shall
				  have adequate space to serve as an administrative office for records,
				  secretarial work and bookkeeping.
B. A provider shall have a designated space
				  to allow private discussions and counseling sessions between individual clients
				  and staff.
C. A provider shall
				  ensure that there is evidence of routine maintenance and cleaning in all areas
				  of the facility.
D. A provider
				  shall replace or repair broken, run-down or defective furnishings and equipment
				  promptly.
1. Outside doors, windows and other
				  features of the structure necessary for safety and comfort of clients shall be
				  repaired within 24 hours of being found to be in a state of
				  disrepair.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 47 - Family Violence Shelter › Section I-4759 - General Safety Practices

Current through Register Vol. 50, No. 6, June 20, 2024
A. A provider
				  shall not maintain any firearm or chemical weapon in the office or
				  facility.
B. A provider shall
				  ensure that all poisonous, toxic and flammable materials are safely stored in
				  appropriate containers labeled as to contents. Such materials shall be
				  maintained only as necessary and shall be used in such a manner as to ensure
				  the safety of clients, staff, and visitors.
C. A provider shall ensure that an
				  appropriately equipped first-aid kit is available in the provider's buildings
				  and in all vehicles used to transport clients.
D. A provider shall have access to 24-hour
				  telephone service. The provider shall have either posted telephone numbers of
				  emergency services, including fire department, police, medical services, poison
				  control and ambulance, or else show evidence of an alternate means of immediate
				  access to these services.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 46:2125.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 47 - Family Violence Shelter › Section I-4761 - Transportation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The provider
				  shall ensure that each client is provided with the transportation necessary for
				  implementing the client's service plan.
B. The provider shall have means of
				  transporting clients in cases of emergency.
C. Any vehicle used in transporting clients
				  in care of the provider, whether such vehicle is operated by a staff member or
				  any other person acting on behalf of the provider, shall be properly licensed
				  and inspected in accordance with state law.
D. Any staff member of the provider or other
				  person acting on behalf of the provider operating a vehicle for the purpose of
				  transporting clients shall be properly licensed to operate that class of
				  vehicle according to state law.
E.
				  The provider shall not allow the number of persons in any vehicle used to
				  transport clients to exceed the number of available seats in the
				  vehicle.
F. All vehicles used for
				  the transportation of clients shall be maintained in a safe condition and be in
				  conformity with all applicable motor vehicle laws.
G. The provider shall ascertain the nature of
				  any need or problem of a client which might cause difficulties during
				  transportation, such as seizures, a tendency towards motion sickness or a
				  disability. The provider shall communicate such information to the operator of
				  any vehicle transporting clients in care.
H. Every required exit, exit access and exit
				  discharge in a provider's building shall be continuously maintained free of all
				  obstructions or impediments to immediate use in the case of fire or other
				  emergency.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 46:2125.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 47 - Family Violence Shelter › Section I-4763 - Organization and Administration

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Capacity. A provider shall not exceed the maximum capacity determined by the
				  fire marshal's office.
1. Other
				  Jurisdictional Approvals. A provider shall be licensed by the Department of
				  Health and Human Resources, Division of Licensing and Certification.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 47 - Family Violence Shelter › Section I-4765 - Quality of Life

Current through Register Vol. 50, No. 6, June 20, 2024
A. Communication.
1. A provider shall have a written
				  description of rules and procedures concerning:
a. telephone communication by
				  clients;
b. visits from a client's
				  family and friends.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 47 - Family Violence Shelter › Section I-4767 - Direct Services Management

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Admission Policies
1. A provider shall have a
				  written description of admissions policies and criteria which shall include the
				  following information:
a. policies and
				  procedures related to intake;
b.
				  the age and sex of clients in care;
c. the needs, problems, situations or
				  patterns best addressed by the provider's program;
d. any other criterion for
				  admission;
e. maximum allowable
				  length of stay;
f. any preplacement
				  requirements on the client;
g. the
				  written description of admissions policies and criteria shall be provided to
				  DHHR and available to the client.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 47 - Family Violence Shelter › Section I-4769 - Physical Environment

Current through Register Vol. 50, No. 6, June 20, 2024
A. Exterior
				  Space
1. A provider shall maintain the
				  grounds of the facility in an acceptable manner and shall ensure that the
				  grounds are free from any hazard to health or safety.
a. Garbage and rubbish which is stored
				  outside shall be stored securely in non-combustible, covered containers and
				  shall be removed on a regular basis.
b. Trash collection receptacles and
				  incinerators shall be separate from play area and be located as to avoid being
				  a nuisance to neighbors.
c. Fences
				  shall be in good repair.
d. Areas
				  determined to be unsafe, including steep grades, cliffs, open pits, swimming
				  pools, high voltage boosters, or high speed roads, shall be fenced off or have
				  natural barriers to protect clients.
e. Playground equipment shall be so located,
				  installed and maintained as to ensure the safety of clients.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 47 - Family Violence Shelter › Section I-4771 - Emergency and Safety

Current through Register Vol. 50, No. 6, June 20, 2024
A. Emergency
				  and Safety Plan
1. A provider shall have a
				  written overall plan of emergency and safety procedures.
2. The plan shall provide for the evacuation
				  of clients to safe or sheltered areas.
3. The plan shall include provisions for
				  training staff and, as appropriate, clients in preventing, reporting and
				  responding to fires and other emergencies.
4. The plan shall provide means for an
				  on-going safety program including continuous inspection of the provider for
				  possible hazards, continuous monitoring of safety equipment, and investigation
				  of all accidents or emergencies.
5.
				  A provider shall prohibit the use of candles in sleeping areas of the
				  clients.
6. Power driven equipment
				  used by a provider shall be kept in safe and good repair. Such equipment shall
				  be used by clients only under the direct supervision of a staff member and
				  according to state law.
7. A
				  provider shall have procedures to prevent infestation.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4901 - Personnel Standards

Current through Register Vol. 50, No. 6, June 20, 2024
A. Staff
				  Qualifications
1. Case managers hired or
				  promoted between August 20, 1994 and September 30, 2021, must meet the
				  following criteria for education and experience:
a. bachelor's degree in a human services
				  related field including but not limited to psychology, education,
				  rehabilitation counseling, or counseling from an accredited institution; and
				  one year of paid experience in a human services field providing direct consumer
				  services or case management or
b. a
				  licensed registered nurse; and one year of paid experience as a registered
				  nurse in public health or a human services related field providing direct
				  consumer services or case management; or
c. a bachelor's or master's degree in social
				  work from a social work program accredited by the Council on Social Work
				  Education;
d. thirty hours of
				  graduate level course credit in a human services related field may be
				  substituted for the one year of required paid experience. Experience may be
				  obtained before or after completion of the degree or obtaining
				  licensure;
e. all case managers
				  must be employees of the provider. Contracting for case managers is
				  prohibited.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4903 - Caseload Size Standards

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				  full-time case manager may only have a maximum of 60 consumers in a caseload
				  unless a lower ratio exists in DHH or other applicable controlling state or
				  federal regulations.
B. Each case
				  management supervisor may only have a maximum of eight full-time case managers
				  or a combination of full-time case managers and other human service staff under
				  their direct supervision.
C. A
				  supervisor may carry one-fifth of a caseload for each case manager supervised
				  less than five. For example, a supervisor of three case managers may carry
				  two-fifths of the maximum caseload.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 36:254.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4905 - Standards on Protecting Client Rights, Health, and Safety

Current through Register Vol. 50, No. 6, June 20, 2024
A. All DHHR and private disability agency
				  case managers shall conform to applicable state laws and Department of Health
				  and Human Resources policies and procedures relative to client rights,
				  including but not limited to those concerning confidentiality of client
				  information and grievance procedures and client's right to appeal department
				  decisions on service eligibility, planning, and delivery.
B. All DHHR and private disability agency
				  case managers, if utilized, shall conform to applicable state laws and
				  Department of Health and Human Resources policies and procedures regarding
				  client health and safety including but not limited to those concerning
				  transporting clients and abuse/neglect reporting.
C. Case manager initiated contact with
				  clients shall be as specified in each client's individual plan and shall not be
				  less frequent than 90 days.
1. A program
				  office shall allow (if requested) surveyors of the DHHR Division of Licensing
				  and Certification to inspect all aspects of the case management/service
				  coordination client care (if the client agrees to the interview).
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4907 - Application Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  applicant shall submit a copy of a request for licensure to the Department of
				  Health and Hospitals, Health Standards Section, P. O. Box 3767, Bin #27, Baton
				  Rouge, Louisiana 70821-3767. The request shall include descriptions of:
1. the target populations to be
				  served;
2. geographical areas
				  (regions) to be served;
3.
				  address(es) of the office site(s) to be used;
4. administrative file as described under
				  §4943;
5. the provider's
				  policies and procedures manual;
6.
				  the requested program and services to be provided as outlined in
				  §4953;
7. the provider's plan
				  for staffing as outlined in §4959
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4909 - Review of Applications

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  complete application request with the required fee must be received by the
				  Health Standard Section at least 60 days prior to the date for which licensing
				  is sought. A written response will be provided to the applicant.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 28:380-451.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4910 - Types of Licenses and Expiration Dates

Current through Register Vol. 50, No. 6, June 20, 2024
A. A license must be issued to an agency by
				  geographical location (DHH region) where records and minutes of formal meetings
				  are maintained and staff reports. When an agency has three or more staff
				  providing case management services in another region, the agency must establish
				  an office site in that region and request a separate license for that
				  geographical location (unless these services are provided in parishes
				  contiguous to the region where the agency is licensed).
B. Temporary licenses may be issued to new
				  providers, providers who have substantially changed - either in ownership or in
				  the services offered or in the location of the office site, or to a provider
				  who has an identified licensing deficiency and the provider's license is
				  expiring within 60 days. Temporary licenses expire on the date specified on the
				  license.
C. Regular licenses expire
				  on the date specified on the license, which will be one calendar year from the
				  date of issue.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 28:308-451.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4911 - Issuance of a License

Current through Register Vol. 50, No. 6, June 20, 2024
A. The agency
				  will not be recognized by DHH until the applicant's enrollment by geographical
				  location (region) is approved by DHH Health Standards Section
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 28:380-451.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4913 - Types of Licenses and Expiration Dates

Current through Register Vol. 50, No. 6, June 20, 2024
A. New providers or providers which have
				  substantially changed-either in the services offered or in the physical
				  plant-are issued temporary licenses. Temporary licenses expire on the date
				  specified on the license. Regular licenses expire on the date specified on the
				  license which is one year or more from the date of issue. Provisional licenses
				  are granted when the provider has deficiencies which are not a danger to the
				  health and welfare of clients. Provisional licenses are issued for a period not
				  to exceed 90 days.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 28:380-451.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4915 - Reapplication

Current through Register Vol. 50, No. 6, June 20, 2024
A. When a provider
				  changes its ownership or makes any substantial changes in the services offered
				  as outlined in
				  §4910 or changes
				  the location of the licensed agency, the provider must reapply for a license,
				  beginning with a request for licensure. In the event of a change of ownership,
				  the old license must be immediately returned to the DHH Health Standards
				  Section. If no such changes have occurred, the regular annual reapplication
				  must be made at least 60 days prior to the expiration of the current license.
				  The application must be on a form prescribed by the DHH Health Standards
				  Section and must be accompanied by the required fee. A license cannot be
				  transferred to any location or provider other than those specified in the
				  license.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 28:380-451.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4917 - Refusal, Revocation and Fair Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. A license may be revoked or refused when
				  applicable licensing requirements are not met, as determined by the DHH Health
				  Standards Section. Licensing decisions are subject to appeal and fair hearing
				  in accordance with state law.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 28:380-451.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4919 - Terms of the Licensure

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the
				  provider is in compliance with the requirements of these standards, a license
				  as a client care case management provider will be issued by the DHH Health
				  Standards Section along with a letter enumerating that the agency is permitted
				  to provide case management/service coordination.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 28:380-451.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4921 - Services for Different Handicaps

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				  provider will not be licensed to serve more than one program office type of
				  handicapped client until the provider has been in operation and has
				  consistently met applicable requirements for one year.
AUTHORITY NOTE:
					 Promulgated in accordance with R. S.
					 28:380-451.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4923 - Quarterly Staffing Report

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				  provider will report quarterly to the Division of Licensing and Certification,
				  P.0. Box 3767, Baton Rouge, LA 70821 the following: The name, social security
				  number, position and hours worked for a random seven-day period of all the
				  staff employed by the provider. State owned and operated providers are exempt
				  from this requirement as there are already state checks on their
				  personnel.
AUTHORITY NOTE:
					 Promulgated in accordance with R. S.
					 28:380-451.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4925 - Licensing Inspections

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Licensing inspections must generally be completed annually, but may occur at
				  any time. No advance notice may be given. Licensor must be given access to the
				  provider office site, staff members or consumers, and all relevant files and
				  records. Licensor must explain the licensing process in an initial interview
				  and must report orally on any deficiencies found during the inspection prior to
				  leaving the agency. A written report of findings must be forwarded to the
				  provider. The provider must respond to the deficiencies cited with a plan of
				  corrective action acceptable to the secretary within 15 working days of
				  receipt.
AUTHORITY NOTE:
					 Promulgated in accordance with R. S.
					 28:380-451.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4927 - New Construction, Renovations of Existing Facilities and Conversion of Any Residential or Commercial Building for Residential Care

Current through Register Vol. 50, No. 6, June 20, 2024
A. The building
				  site shall be approved by the Division of Licensing and Certification prior to
				  beginning of any construction. The site shall have good drainage and not
				  subject to flooding. The site shall not be located in an area that would
				  present a hazard to those being served. Plans and specifications must be
				  prepared by a licensed architect or engineer. Three sets of complete plans and
				  specifications must be submitted for approval to the Division of Licensing and
				  Certification. The Division of Licensing and Certification will forward one set
				  to the Office of Preventive and Public Health Services, and one set to the
				  Office of State Fire Marshal.
B.
				  The third set will be reviewed by the Division of Licensing and Certification.
				  All three agencies must issue an approval of the plans and specifications prior
				  to beginning construction. The Division of Licensing and Certification will
				  issue the letter authorizing the start of construction after receiving approval
				  from the Office of Preventive and Public Health Services, the Office of State
				  Fire Marshal.
C. The Division of
				  Licensing and Certification, the Office of Preventive and Public Health
				  Services, and the Office of State Fire Marshal, shall have the authority to
				  inspect the project at any stage to insure that the approved plans and
				  specifications are being followed. Final approval of the building must be
				  obtained from these agencies after the building is completed and before it is
				  occupied. A license shall issued by the Division of Licensing and Certification
				  only after these final approvals have been obtained.
D. It shall be the responsibility of the
				  provider to obtain any approvals from local authorities (such as zoning,
				  building, fire, etc.) that may be needed in the particular city or
				  parish.
E. All providers must be in
				  conformity with the ASNI standards for the handicapped.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 28:380-451.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4929 - General Waiver

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Office
				  of the Secretary of DHH (the secretary) must determine the adequacy of quality
				  and protection in accordance with the provisions of these standards.
B. If, in the judgment of the secretary,
				  application of the requirements stated in these standards would be impractical
				  in a specified case, such requirements may be modified by the secretary to
				  allow alternative arrangements that will secure as nearly equivalent provision
				  of services as is practical. In no case will the modification afford less
				  quality or protection, in the judgment of the secretary, than that which would
				  be provided with compliance of the provisions contained in these
				  standards.
C. At the time of each
				  subsequent revisit, such requirement modification must be reviewed by the
				  secretary and either continued or cancelled.
D. DHH Office of Aging and Adult Services
				  Case Management
1. Agencies that provide case
				  management and/or support coordination services to the DHH Office of Aging and
				  Adult Services (OAAS) waiver programs recipients shall be exempt from licensure
				  as a case management agency for the provision of case management services. This
				  licensure exemption shall only be to the extent that the agency uses only
				  DHH/OAAS trained and certified case managers to provide case management
				  services to OAAS waiver programs in lieu of DHH licensure. Such agencies
				  serving other populations and programs, in addition to those waiver programs
				  operated by OAAS, shall obtain and maintain DHH licensure.
2. OAAS certification requirements shall
				  ensure:
a. the quality of services and the
				  care, well-being, and protection of the clients receiving services;
				  and
b. that the delivery of case
				  management services does not afford less quality or protection than the
				  licensing provisions of this Chapter.
3. OAAS shall provide an attestation of
				  meeting these requirements on an annual basis or as required by the DHH Health
				  Standards Section.
4. OAAS case
				  management and support coordination services will still be subject to the
				  support coordination standards of participation rule for OAAS waiver programs,
				  the program integrity/SURS (fraud/abuse) rules, and other applicable Medicaid
				  rules and regulations.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4931 - Case Management/Service Coordination Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. Case management must consist of services
				  to assist consumers in gaining access to the full range of needed services,
				  including medical, social, educational and other support services. These must
				  be ongoing services which must be accomplished through the following
				  activities.
1. Intake, which must include
				  determination of a consumer's eligibility for case management services as part
				  of a targeted group of consumers and the determination of need for case
				  management services. All consumers must be interviewed within 14 calendar days
				  of referral to the provider.
2.
				  Assessment/reassessment, which must include the collection and integration of
				  formal/professional and informal information concerning a consumer's social,
				  familial, medical, developmental, legal, educational, vocational, psychiatric
				  and economic status, as appropriate, to assist in the formulation of a
				  comprehensive, individualized written service plan.
a. The assessment process must include input
				  from the consumer/guardian, and may include input from family members, friends,
				  professionals, and service providers, as appropriate.
b. The assessment must focus on the
				  individual's strengths and needs. The case manager must make a face-to-face
				  contact with the consumer as part of the assessment process.
c. The consumer's status must be reassessed
				  on an ongoing basis.
3.
				  Service planning, which must include the development of a comprehensive,
				  individualized written plan based on the needs and strengths of the consumer
				  identified during the assessment process.
a.
				  The consumer/guardian must actively participate with the case manager in
				  development of the service plan with input from family members, professionals
				  and service providers, as needed.
b. The objective of service planning must be
				  to promote consistent, coordinated, timely and quality service
				  provision.
c. The service plan must
				  include, at a minimum: consumer strengths and needs; specific measurable goals
				  and objectives with anticipated time-frames.
d. The service plan must be completed within
				  45 calendar days of the intake interview for case management
				  services.
e. The written service
				  plan must be reviewed at least 90 days to assure goals and services are
				  appropriate to the consumer's needs identified in the assessment/reassessment
				  process.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4933 - General Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  provider must allow representatives of the state licensing authority, in the
				  performance of their mandated duties, to inspect all aspects of the provider's
				  functioning which impact on consumers and families and to interview any staff
				  member or consumer (if the consumer or family agrees to said
				  interview).
B. The provider must
				  make available to the state licensing authority any information which the
				  provider is required to have under the present requirements and any information
				  reasonably related to assessment of compliance with these
				  requirements.
C. The provider must
				  make available to DHH any information required by law.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 28:380-451.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4935 - Governing Body

Current through Register Vol. 50, No. 6, June 20, 2024
A. The provider
				  must have an identifiable governing body with responsibility for and authority
				  over the policies and activities of the agency.
B. The provider must document, in writing,
				  all members of the governing body; their addresses; their terms of membership;
				  officers of the governing body; and terms of office of any officers.
C. When the governing body does not include
				  consumer and family representation, written policy and procedures must be
				  implemented to ensure consumer and family input.
D. When the governing body is comprised of
				  more than one person, the governing body must hold formal meetings at least
				  semi-annually to discuss agency operations, including programmatic
				  operations.
E. When the governing
				  body is composed of more than one person, the provider must have written
				  minutes of all formal meetings of the governing body and bylaws specifying
				  frequency of meetings and quorum requirements.
AUTHORITY NOTE:
					 Promulgated in accordance with R . S.
					 28:380-451.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4937 - Governing Body Responsibilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  governing body must:
1. ensure the provider's
				  compliance and conformity with its articles of incorporation or
				  charter;
2. ensure the provider's
				  continual compliance and conformity with all relevant federal, state, local and
				  municipal laws and regulations;
3.
				  ensure that the provider shall be adequately funded and fiscally
				  sound;
4. review and approve the
				  provider's annual budget;
5. ensure
				  the review and approval of an annual external audit;
6. designate a person to act as chief
				  administrator and delegate sufficient authority to this person to manage the
				  agency;
7. formulate and annually
				  review, in consultation with the chief administrator, written policies
				  concerning the provider's philosophy, goals, current services, personnel
				  practices, job descriptions and fiscal management;
8. annually evaluate the chief
				  administrator's performance, including evaluation in the areas of quality
				  assurance and disposition of grievances;
9. have the authority to dismiss the chief
				  administrator;
10. notify the
				  designated representatives of DHH prior to initiating any substantial changes
				  in the services provided;
11.
				  ensure that a continuous written Quality Improvement Program is in
				  effect;
12. ensure that services
				  are provided in a culturally sensitive manner as evidenced by staff trained in
				  cultural awareness and related policies and procedures;
13. ensure that all business practices and
				  staff activities conforms to the
Code of Governmental
				  Ethics
.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4939 - Accessibility of Executive

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  chief administrator or a person authorized to act on behalf of the chief
				  administrator must be accessible to staff or designated representatives of DHH
				  during agency hours of operation.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 28:380-451.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4941 - Documentation of Authority to Operate

Current through Register Vol. 50, No. 6, June 20, 2024
A. A provider shall have documentation of its
				  authority to operate under state law.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 28:380-451.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4943 - Administrative File s

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  provider's administrative files must include at a minimum:
1. documents identifying the governing
				  body;
2. list of members and
				  officers of the governing body, their addresses and terms of
				  membership;
3. minutes of formal
				  meetings and bylaws of the governing body, if applicable;
4. documentation of the provider's authority
				  to operate under state law;
5.
				  functional organizational chart which depicts lines of authority;
6. all leases, contracts and
				  purchase-of-service agreements to which the provider is a party;
7. insurance policies;
8. annual budgets and audit
				  reports;
9. master list of all
				  service providers used by the provider;
10. the provider's policies and
				  procedures
11. Documentation of
				  corrective action taken as a result of external or internal reviews.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4945 - Organizational Communication

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  provider must establish procedures to assure adequate communication among staff
				  to provide continuity of services to the consumer.
B. The provider must establish procedures
				  which facilitates participation and feedback from staff, consumers, families,
				  and when appropriate, the community at large. This will be used in areas such
				  as policy-making, planning, and program development.
AUTHORITY NOTE:
					 Promulgated in accordance with R. S.
					 28:380-451.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4947 - Financial Management

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  provider must establish a system of financial management and staffing to assure
				  maintenance of complete and accurate accounts, books and records in keeping
				  with generally accepted accounting principles.
B. The provider must demonstrate fiscal
				  accountability through regular recording of its finances and an annual external
				  audit conducted by a certified public accountant.
C. The provider must not permit public funds
				  to be paid, or committed to be paid, to any person to which any of the members
				  of the governing body, administrative personnel, or members of the immediate
				  families of members of the governing body or administrative personnel have any
				  direct or indirect financial interest, or in which any of these persons serve
				  as an officer or employee, unless the services or goods involved are provided
				  at a competitive cost or under terms favorable to the provider. The provider
				  shall have a written disclosure of any financial transaction with the provider
				  in which a member of the governing body, administrative personnel, or his/her
				  immediate family is involved.
D.
				  The provider must be capable of reporting fiscal data from July 1 through June
				  30.
E. The provider must have
				  adequate and appropriate general liability insurance for the protection of its
				  consumers, staff, facilities, and the general public.
AUTHORITY NOTE:
					 Promulgated in accordance with R. S.
					 28:380-451.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4949 - Confidentiality and Security of Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. A provider must have written procedures
				  for the maintenance, security, and confidentiality of records. This must
				  include specifying who must supervise the maintenance of records, and who must
				  have custody of records. This procedure must also state to whom records can be
				  released and the procedure for doing so. Records, including consumer as well as
				  administrative, must be the property of the provider and the provider, as
				  custodian, must secure records against loss, tampering, or unauthorized
				  use.
B. Employees of the provider
				  must not disclose or knowingly permit the disclosure of any information
				  concerning the agency, the consumers or his/her family, directly or indirectly,
				  to any unauthorized person.
C. The
				  provider must safeguard the confidentiality of any information from which the
				  consumer or his/her family might be identified, releasing such information only
				  under the following conditions:
1. by court
				  order;
2. by the consumer's
				  written, informed consent for release of information;
a. when the consumer has been declared
				  legally incompetent, the individual to whom the consumer's rights have devolved
				  provides written consent.
b. when
				  the consumer is a minor, the parent or legal guardian provides written
				  consent.
c. in compliance with the
				  Federal Confidentiality Law of Alcohol and Drug Abuse Patients Records (42 CFR,
				  Part 2).
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4951 - Records-Administrative and Consumer

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				  provider records must be maintained in an accessible, standardized order and
				  format and must be retained and disposed of in accordance with state
				  laws.
B. A provider must have
				  sufficient space, facilities and supplies for providing effective record
				  keeping services.
C. Upon agency
				  closure, all provider records must be maintained according to applicable laws,
				  rules and regulations.
D. A
				  provider must have a written record for each consumer which must minimally
				  include:
1. identifying data recorded on a
				  standardized form including the following:
a.
				  name;
b. home address;
c. home telephone number;
d. date of birth;
e. sex;
f. race or ethnic origin;
g. closest living relative;
h. education;
i. marital status;
j. name and address of current employment,
				  school, or day program, as appropriate;
k. date of initial contact;
l. court and/or legal status, including
				  relevant legal documents;
m. names,
				  addresses, and phone numbers of other persons or providers involved with the
				  consumer's service plan. This shall include the consumer's qualified, licensed
				  physician or other licensed health care practitioner who is acting within the
				  scope of practice of his/her respective licensing board(s) and/or
				  certification(s);
n. other
				  identifying data as indicated;
o.
				  date the information was gathered;
p. signature of the staff member gathering
				  the information.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4953 - Program Description

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  provider must have a clear, concise written program description, available to
				  the public, detailing:
1. the overall
				  philosophy of the program;
2. the
				  long and short term goals of the program;
3. the types of consumers to be
				  served;
4. the intake and closure
				  criteria;
5. there must be written
				  eligibility criteria for each of the services/programs provided;
6. the services to be provided;
7. a schedule of any fees for service which
				  will be charged to the consumer;
8.
				  a method of obtaining feedback from the consumer regarding consumer
				  satisfaction with services;
9. an
				  inventory of existing resources (both formal and informal) has been completed
				  that identifies services within the geographic area to address the unique needs
				  of the population to be served. This inventory must be updated at least
				  annually;
10. demonstrated evidence
				  that the program coincides with or is in agreement with existing state,
				  regional, and local comprehensive service coordination and planning for the
				  target population.