reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 45 - Ambulatory Surgical Center › Subchapter F - Safety, Sanitization and Emergency Preparedness › Section I-4577 - Infection Control

Current through Register Vol. 50, No. 6, June 20, 2024
A. The ASC
					 shall maintain an infection control program that minimizes infections and
					 communicable diseases through prevention, investigation and reporting of
					 infections. This program shall include all contracted services and those
					 services provided under a use agreement.
B. The ASC shall provide a functional and
					 sanitary environment for the provision of surgical or endoscopy services, if
					 provided, by adopting and adhering to professionally accepted standards of
					 practice. The ASC shall have documentation that the infection control program
					 was considered, selected and implemented based on nationally recognized
					 infection control guidelines.
C.
					 The infection control program shall be under the direction of a designated and
					 qualified professional. The ASC shall determine that the individual selected to
					 lead the infection control program has had documented training in the
					 principles and methods of infection control. The individual shall maintain
					 his/her qualifications through ongoing education and training, which can be
					 demonstrated by participation in infection control courses or in local and
					 national meetings organized by a nationally recognized professional infection
					 control society.
D. The ASC shall
					 develop, with the approval of the medical director and the governing body,
					 policies and procedures for preventing, identifying, reporting, investigating,
					 controlling and immediately implementing corrective actions relative to
					 infections and communicable diseases of patients and personnel. At a minimum,
					 the policies shall address:
1. hand
					 sanitizers and hand hygiene;
2. use
					 of all types of gloves;
3. surgical
					 scrub procedures;
4. linen cleaning
					 and reuse;
5. waste
					 management;
6. environmental
					 cleaning;
7. reporting,
					 investigating and monitoring of surgical infections;
8. sterilization and cleaning procedures and
					 processes;
9. single use
					 devices;
10. disinfecting
					 procedures and processes;
11.
					 breaches of infection control practices; and
12. utilization of clean and dirty utility
					 areas.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 45 - Ambulatory Surgical Center › Subchapter F - Safety, Sanitization and Emergency Preparedness › Section I-4579 - Laundry Handling and Sanitation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 ASC shall be responsible for ensuring the proper handling, cleaning, sanitizing
					 and storage of linen and other washable goods whether provided by the ASC or
					 provided by a contracted vendor. All linen used in the ASC shall be of
					 sufficient quantity to meet the needs of the patients.
B. Laundry services shall be provided either
					 in-house or through a contracted commercial laundry service in accordance with
					 the ASCs policies and procedures as set forth by the governing body.
1. Contracted Laundry Service
a. If laundry service is contracted, the ASC
					 shall assess the cleaning and sanitizing processes that are used by the
					 commercial laundry service.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 45 - Ambulatory Surgical Center › Subchapter F - Safety, Sanitization and Emergency Preparedness › Section I-4583 - Inactivation of License due to a Declared Disaster or Emergency

Current through Register Vol. 50, No. 6, June 20, 2024
A. An ASC 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 ASC 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 ASC 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 ASC intends to resume operation as an
					 ASC in the same service area;
c.
					 includes an attestation that the emergency or disaster is the sole casual
					 factor in the interruption of the provision of services;
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 45 - Ambulatory Surgical Center › Subchapter F - Safety, Sanitization and Emergency Preparedness › Section I-4585 - Inactivation of License due to a Non-Declared Emergency or Disaster

Current through Register Vol. 50, No. 6, June 20, 2024
A. An ASC 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 ASC 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 ASC 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
					 facility intends to resume operation as an ASC in the same service
					 area;
c. the ASC attests that the
					 emergency or disaster is the sole causal factor in the interruption of the
					 provision of services; and
d. the
					 ASCs 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 45 - Ambulatory Surgical Center › Subchapter G - Physical Environment › Section I-4587 - General Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 standards in this Subchapter shall apply to any ASC constructed after the
					 effective date of this rule, or an ASC that makes alterations, additions or
					 substantial rehabilitation to an existing ASC or adaptation of an existing
					 building to create an ASC. Cosmetic changes to the ASC such as painting,
					 flooring replacement or minor repairs shall not be considered an alteration or
					 substantial rehabilitation.
Exception: For those applicants for ASC licensure who
						received plan review approval from the OSFM before the effective date of the
						promulgation of this Rule, or who have begun construction or renovation of an
						existing building before the effective date of the promulgation of this Rule,
						the physical environment requirements of §4587 shall not
						apply.
B. An applicant for
					 an ASC license shall furnish one complete set of architectural plans and
					 specifications to the entity/office designated by the department to review and
					 approve the facilitys architectural plans and the Office of State Fire Marshal.
1. The office designated by the department to
					 review and approve architectural drawings and specifications and the Office of
					 State Fire Marshal shall review and approve the
Life Safety
					 Code
plans before construction is allowed to begin.
2. When the plans and specifications have
					 been reviewed and all inspections and investigations have been made, the
					 applicant will be notified whether the plans for the proposed ASC have been
					 approved.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 45 - Ambulatory Surgical Center › Subchapter G - Physical Environment › Section I-4589 - General Appearance and Space Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The ASC shall be constructed, arranged and
					 maintained to ensure the safety and well-being of the patients and the general
					 public it serves.
B. The ASC shall
					 have a minimum of two operating and/or procedure rooms and a minimum of one
					 postanesthesia recovery room to meet the needs of the patients being served. In
					 addition to the operating and/or procedure rooms and post-anesthesia recovery
					 rooms, the ASC may also have one or more treatment rooms.
C. The location of the operating and
					 procedure rooms within the ASC, and the access to it, shall conform to
					 professionally-accepted standards of practice, particularly for infection
					 control, with respect to the movement of people, equipment and supplies in and
					 out of the operating or procedure rooms.
1.
					 The operating and procedure rooms temperature and humidity shall be monitored
					 and maintained in accordance with accepted standards of practice and documented
					 on a daily use log that is maintained for a minimum of 18 months.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 46 - Healthcare Facility Sanctions › Subchapter A - General Provisions › Section I-4601 - Introduction

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
					 this Chapter is to:
1. provide for the
					 development, establishment, and enforcement of statewide standards for the
					 imposition of sanctions pursuant to state statutes against healthcare
					 facilities in the state of Louisiana that have violations of federal or state
					 law or statutes, licensure standards and requirements, certification
					 requirements, or Medicaid requirements;
2. specify criteria as to when and how each
					 sanction is to be applied;
3.
					 specify the severity of the sanctions to be used in the imposition of such
					 sanctions;
4. develop the procedure
					 and requirements for applying each sanction;
5. provide for an administrative
					 reconsideration process as well as an appeal procedure, including judicial
					 review; and
6. provide for the
					 administration of the Nursing Home Residents' Trust Fund and the Health Care
					 Facility Fund.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 46 - Healthcare Facility Sanctions › Subchapter B - Sanctions and Standards for the Imposition of Sanctions › Section I-4611 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
					 health care facility found to be in violation of any state or federal statute,
					 regulation, or any department rule, adopted in accordance with the APA,
					 governing the administration and operation of the facility may be sanctioned as
					 provided in this Chapter.
B. Unless
					 otherwise prohibited by federal law or regulation, the department may impose
					 one or more of the following sanctions:
1.
					 civil fine(s);
2. denial of
					 Medicaid payment with respect to any individual admitted to, or provided
					 services by, a facility;
3. denial
					 of new admissions into the facility or by the provider;
4. removal from the freedom of choice
					 list;
5. transfer of clients
					 receiving services;
6. suspension
					 of license;
7.
					 monitoring;
8. special staffing
					 requirements;
9. temporary
					 management;
10. revocation of
					 license;
11. denial of license
					 renewal; or
12. any and all
					 sanctions allowed under federal or state law or regulations, including but not
					 limited to:
a. sanctions authorized under the
					 medical assistance programs integrity law (MAPIL), pursuant to
					 R.S.
					 46:437.1 et seq.;
b. the surveillance and utilization review
					 systems (SURS) rule, pursuant to LAC 50:I, Chapter 41; or
c. any successor statutes or rules.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 46 - Healthcare Facility Sanctions › Subchapter B - Sanctions and Standards for the Imposition of Sanctions › Section I-4613 - Civil Fines

Current through Register Vol. 50, No. 6, June 20, 2024
A. Class A
					 Violations
1. Civil fines for class A
					 violations shall not exceed $2,500 for the first violation and shall not exceed
					 $5,000 per day for repeat violations.
2. The aggregate fines assessed for class A
					 repeat violations shall not exceed $20,000 in any one calendar month.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 46 - Healthcare Facility Sanctions › Subchapter B - Sanctions and Standards for the Imposition of Sanctions › Section I-4615 - Denial of Medicaid Payment

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 department may impose the sanction of "denial of Medicaid payment" with respect
					 to any individual admitted to or provided services by a facility for any
					 violation of statute, rule or regulation including, but not limited to:
1. a violation of a rule or regulation that
					 creates a condition or occurrence relating to the maintenance and/or operation
					 of a facility which results in death or serious harm to a resident, patient or
					 client;
2. a violation of a rule or
					 regulation in which a condition or occurrence relating to the maintenance
					 and/or operation of a facility is created and results in the substantial
					 probability of death or serious physical or mental harm to a resident, patient
					 or client will result from the violation;
3. a repeat violation of a rule or regulation
					 in which a condition or occurrence relating to the maintenance and/or operation
					 of a facility creates a potential for harm by directly threatening the health,
					 safety, rights, or welfare of a client; or
4. more than two substantiated complaint
					 surveys in two years.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 46 - Healthcare Facility Sanctions › Subchapter B - Sanctions and Standards for the Imposition of Sanctions › Section I-4617 - Denial of New Admissions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 department may impose the sanction of "denial of new admissions." Denial of new
					 admissions prohibits a new client from being admitted to a facility or any new
					 client from receiving services from a facility during the term of the
					 sanction.
B. The department may
					 impose the sanction of denial of new admission for any violation of statute,
					 rule or regulation including, but not limited to:
1. a violation of a rule or regulation that
					 creates a condition or occurrence relating to the maintenance and/or operation
					 of a facility which results in death or serious harm to a resident, patient or
					 client;
2. a violation of a rule or
					 regulation in which a condition or occurrence relating to the maintenance
					 and/or operation of a facility is created and results in the substantial
					 probability of death or serious physical or mental harm to a resident, patient
					 or client will result from the violation;
3. a repeat violation of a rule or regulation
					 in which a condition or occurrence relating to the maintenance and/or operation
					 of a facility creates a potential for harm by directly threatening the health,
					 safety, rights, or welfare of a client; or
4. more than two substantiated complaint
					 surveys in two years.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 46 - Healthcare Facility Sanctions › Subchapter B - Sanctions and Standards for the Imposition of Sanctions › Section I-4619 - Removal from the Freedom of Choice List

Current through Register Vol. 50, No. 6, June 20, 2024
A.The department may impose the sanction of
					 removal from the freedom of choice list to a facility placed on a freedom of
					 choice list. LDH may impose this sanction for any violation including, but not
					 limited to:
1. a violation of a rule or
					 regulation that creates a condition or occurrence relating to the maintenance
					 and/or operation of a facility which results in death or serious harm to a
					 resident, patient or client;
2. a
					 violation of a rule or regulation in which a condition or occurrence relating
					 to the maintenance and/or operation of a facility is created and results in the
					 substantial probability of death or serious physical or mental harm to a
					 resident, patient or client;
3. a
					 repeat violation of a rule or regulation in which a condition or occurrence
					 relating to the maintenance and/or operation of a facility creates a potential
					 for harm by directly threatening the health, safety, rights, or welfare of a
					 client; or
4. more than two
					 substantiated complaint surveys in two years.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 46 - Healthcare Facility Sanctions › Subchapter B - Sanctions and Standards for the Imposition of Sanctions › Section I-4621 - Transfer of Resident(s), Patient(s), or Client(s) Receiving Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department
					 may impose the sanction of transfer of resident(s), patient(s), or client(s)
					 receiving services provided by a facility. This sanction may be imposed for any
					 violation of statute, rule or regulation including but not limited to:
1. a violation of a rule or regulation that
					 creates a condition or occurrence relating to the maintenance and/or operation
					 of a facility which results in death or serious harm to a resident, patient or
					 client;
2. a violation of a rule or
					 regulation in which a condition or occurrence relating to the maintenance
					 and/or operation of a facility is created and results in the substantial
					 probability of death, serious physical harm or mental harm to a resident,
					 patient or client;
3. a repeat
					 violation of a rule or regulation in which a condition or occurrence relating
					 to the maintenance and/or operation of a facility creates a potential for harm
					 by directly threatening the health, safety, rights, or welfare of a
					 client;
4. when there is an
					 imminent threat to the health, safety and welfare of the facility's clients;
					 or
5. more than two substantiated
					 complaint surveys in two years.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 46 - Healthcare Facility Sanctions › Subchapter B - Sanctions and Standards for the Imposition of Sanctions › Section I-4623 - License Suspension

Current through Register Vol. 50, No. 6, June 20, 2024
A.Unless
					 otherwise provided by federal or state law, the department may impose a
					 suspension of a license if the department determines that the violations
					 committed by the facility pose an imminent or immediate threat to the health,
					 welfare or safety of its resident(s), patient(s), or client(s).
B. The sanction of license suspension shall
					 remain in effect until the department determines that the facility is in
					 compliance with the requirements, and has provided notice of compliance and the
					 lifting of the suspension to the facility.
C. The imposition or lifting of the
					 suspension does not affect the imposition of other sanctions.
D. If the license suspension is reversed
					 during the appeal process, the facility's license will be re-instated or
					 granted upon the payment of any licensing fees, outstanding sanctions or other
					 fees due to the department.
AUTHORITY
						NOTE: Promulgated in accordance with
						R.S.
						40:2009.11,
						40:2009.23,
						40:2199 and
						40:2199.1.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 46 - Healthcare Facility Sanctions › Subchapter B - Sanctions and Standards for the Imposition of Sanctions › Section I-4625 - Monitoring

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department
					 may impose the sanction of monitoring. The facility is responsible for the cost
					 of the monitoring.
B. Monitoring
					 may be imposed:
1. when the facility is
					 noncompliant with any law, statute, rule or regulation and is in the process of
					 correcting deficiencies to achieve such compliance;
2. when the facility was previously found to
					 be noncompliant with any law, statute, rule or regulation, has corrected
					 deficiencies to achieve such compliance, and verification of continued
					 compliance is indicated; or
3. when
					 the department has reason to question the compliance of the facility with any
					 law, statute, rule or regulation;
4. while a facility is instituting
					 improvements; or
5. while a
					 facility is in the process of closing.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 46 - Healthcare Facility Sanctions › Subchapter B - Sanctions and Standards for the Imposition of Sanctions › Section I-4627 - Special Staffing Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department may require special
					 staffing for the facility.
B.
					 Special staffing may include, but is not limited to:
1. a consultant on client assessments or care
					 planning;
2. an additional licensed
					 nurse to provide treatments;
3. a
					 consultant dietician;
4. a
					 consultant pharmacist; or
5.
					 medical records practitioner.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 46 - Healthcare Facility Sanctions › Subchapter B - Sanctions and Standards for the Imposition of Sanctions › Section I-4629 - Temporary Management

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 department may require the immediate appointment of a temporary manager, at the
					 facility's expense, to:
1. oversee the
					 operation of the facility; and
2.
					 ensure the health, safety, and welfare of the facility's resident(s),
					 patient(s), or client(s).
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 46 - Healthcare Facility Sanctions › Subchapter B - Sanctions and Standards for the Imposition of Sanctions › Section I-4631 - Denial of Renewal License and Revocation of License

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department may deny an application to
					 renew a license or may revoke a license pursuant to the process and procedures
					 contained in the department's statutory and promulgated licensing standards
					 applicable to each facility.
B.
					 Voluntary Non-Renewal
1. If a facility fails
					 to timely renew its license, the license expires on its face and is considered
					 voluntarily surrendered.
2. There
					 are no appeal rights for a voluntary surrender as this is a voluntary action on
					 the part of the facility.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 46 - Healthcare Facility Sanctions › Subchapter C - Notice and Appeals › Section I-4641 - Notice of Sanctions and Appeals

Current through Register Vol. 50, No. 6, June 20, 2024
A. Unless otherwise provided in the licensing
					 standards or other promulgated state rule or regulation, the following notice
					 and appeal procedures are applicable to all sanctions imposed by the department
					 pursuant to a Louisiana state statute or regulation.
B. Notice to Facility of Sanctions. The
					 department shall provide written notice to a health care facility of the
					 imposition of a sanction. The notice shall contain the following information:
1. the nature of the violation(s) and whether
					 the violation is a repeat violation;
2. the legal authority for the
					 violation(s);
3. the sanction
					 assessed for each violation and the effective date of the sanction;
4. notification that the facility has 10
					 calendar days from receipt of the notice within which to request an
					 administrative reconsideration of the proposed sanction;
5. notification of the administrative
					 reconsideration and/or administrative appeal procedures and the deadlines for
					 each; and
6. notification that the
					 department's decision becomes final and no administrative or judicial review
					 may be obtained if the facility fails to timely request an administrative
					 reconsideration and/or administrative appeal.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 46 - Healthcare Facility Sanctions › Subchapter C - Notice and Appeals › Section I-4643 - Administrative Appeal Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
					 party may appear and be heard at an appeal proceeding through an attorney at
					 law or designated representative. A designated representative must file a
					 written notice of appearance on behalf of the facility identifying him/herself
					 by name, address and telephone number, and identifying the party represented in
					 addition to written authorization to appear on behalf of the
					 facility.
B. The administrative
					 appeal hearing shall be conducted by an administrative law judge (ALJ) or his
					 or her successor from the DAL.
C.
					 Preliminary Conferences
1. The ALJ may
					 schedule a preliminary conference.
2. The purposes of a preliminary conference,
					 if scheduled, include, but are not limited to the following:
a. clarification, formulation and
					 simplification of issues(s);
b.
					 resolution of matters in controversy;
c. exchange of documents and
					 information;
d. stipulations of
					 fact so as to avoid unnecessary introduction of evidence at the formal
					 review;
e. the identification of
					 witnesses; and
f. such other
					 matters that may aid in the disposition of the issues.
3. When the ALJ schedules a preliminary
					 conference, all parties shall be notified in writing. The notice shall direct
					 any parties and their attorneys to appear at a specified date, time and
					 place.
4. Where the preliminary
					 conference resolves all or some matters in controversy, a summary of the
					 findings agreed to at the conference shall be provided to all
					 parties.
5. Where the preliminary
					 conference does not resolve all matters in controversy, an administrative
					 hearing shall be scheduled on those matters still in controversy.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 46 - Healthcare Facility Sanctions › Subchapter D - Enforcement of Sanctions › Section I-4651 - Enforcement of Sanctions/Collection of Fines

Current through Register Vol. 50, No. 6, June 20, 2024
A. The decision to impose a sanction(s),
					 except those classified as immediate, is final when:
1. an administrative appeal is not requested
					 within the specified time limit;
2.
					 the facility agrees to pay the fine or to comply with the sanction;
3. the administrative appeal affirms the
					 department's fine or sanction and the time for seeking judicial review has
					 expired; or
4. the judicial review
					 or appeal affirms the fine or sanction and the deadline for seeking further
					 review expires.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 46 - Healthcare Facility Sanctions › Subchapter E - Funds › Section I-4661 - Nursing Home Residents' Trust Fund

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department shall deposit civil fines
					 and the interest collected from nursing homes into the Nursing Home Residents'
					 Trust Fund, hereafter referred to as trust fund.
B. The secretary shall administer the trust
					 fund.
C. The monies in the trust
					 fund shall be subject to annual appropriation and shall be used solely as
					 mandated by the Omnibus Budget Reconciliation Act of 1987 ( P.L. 100-203) for
					 any of the following purposes:
1. to protect
					 the health or property of residents of nursing homes which the department finds
					 deficient;
2. to pay for the costs
					 of relocation of residents to other facilities;
3. to maintain operation of a facility
					 pending correction of deficiencies or closure;
4. to reimburse residents for personal funds
					 lost;
5. to allow the department to
					 use the funds for education to improve the health and welfare of
					 residents;
6. to reimburse a
					 nursing home(s) for evacuation expenses, subject to approval by the federal
					 government; and
7. any other
					 purpose approved by CMS.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 46 - Healthcare Facility Sanctions › Subchapter E - Funds › Section I-4663 - Health Care Facility Fund

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 civil fines and interest collected from health care facilities, other than
					 nursing homes, shall be deposited into the Health Care Facility Fund, hereafter
					 referred to as trust fund.
B. The
					 department has the exclusive use of the funds contained in the trust
					 fund.
C. The monies in the trust
					 fund shall be subject to annual appropriation by the legislature and shall be
					 used exclusively for the following purposes:
1. the protection of health, welfare, rights
					 or property of those receiving services from health care facilities;
2 the enforcement of sanctions against health
					 care facilities;
3. the education,
					 employment and training of employees, staff or other personnel of health care
					 facilities; and/or
4. programs
					 designed to improve the quality of care in health care facilities.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 47 - Family Violence Shelter › Section I-4701 - General Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				  provider shall have a written policy on client civil rights. This policy shall
				  give assurances that:
1. The provider will
				  not discriminate in the rendering of services to individuals because of race,
				  color, religion, sex, age, national origin, handicap, veteran status or any
				  other non-merit factor.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 47 - Family Violence Shelter › Section I-4703 - Governing Body

Current through Register Vol. 50, No. 6, June 20, 2024
A. A provider shall
				  have an identifiable governing body whose responsibility for and authority over
				  the policies and activities of the provider.
1. A provider shall have documents
				  identifying all members of the governing body; their addresses; their terms of
				  membership; officers of the governing body; and terms of office of all
				  officers.
2. When the governing
				  body of the provider is composed of more than one person, the governing body
				  shall hold formal meetings at least twice a year.
3. When the governing body is composed of
				  more than one person, a provider shall have written minutes of all formal
				  meetings of the governing body and the by-laws specifying frequency of meetings
				  and quorum requirements.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 47 - Family Violence Shelter › Section I-4705 - Responsibilities of a Governing Body

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The governing body of a provider shall:
1.
				  ensure the provider's compliance and conformity with provider's
				  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 is adequately funded and fiscally sound;
4. review and approve the provider's annual
				  budget;
5. ensure that the provider
				  is housed, maintained, staffed and equipped appropriately considering the
				  nature of the provider's program;
6. designate a person to act as chief
				  administrator and delegate sufficient authority to this person to manage the
				  provider.
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;
9.
				  have the authority to dismiss the chief administrator;
10. meet with designated representatives of
				  DHHR whenever required to do so;
11. inform designated representatives of DHHR
				  prior to initiating any substantial changes in the program, services or
				  physical plant of the provider.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 47 - Family Violence Shelter › Section I-4707 - 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 shall be accessible to provider staff or designated
				  representatives of DHHR at all times.
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-4709 - Documentation of Authority to Operate

Current through Register Vol. 50, No. 6, June 20, 2024
A. A private provider shall have
				  documentation of its authority to operate under state law.
1. A privately owned provider shall have
				  documents identifying the names and addresses of owners.
2. A corporation, partnership or association
				  shall identify the names and addresses of its members and officers and shall,
				  where applicable, have a charter, partnership agreement, constitution, articles
				  of association or by-laws.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 47 - Family Violence Shelter › Section I-4711 - Program Description

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				  provider shall have a written program description describing:
1. the overall philosophy of the
				  provider;
2. the long-term and
				  short-term goals of the provider;
3. the types of clients to be served by the
				  provider;
4. the services provided
				  directly by the provider;
5.
				  services available to the client from resources external to the
				  provider;
6. a schedule for any
				  fees for services;
7. the
				  provider's approach to service planning.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 47 - Family Violence Shelter › Section I-4713 - Accounting and Recordkeeping

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				  provider shall establish a system of business management and staffing to
				  maintain separate and complete accounts, books, and records. Fiscal records
				  will be maintained according to generally accepted accounting procedures,
				  sufficient to reflect properly all direct and indirect costs incurred.
1. All transactions and events must be
				  recorded, classified and summarized in appropriate journals; providing
				  chronological records of transaction having a common origin and ledgers of
				  accounts to receive and consolidate transaction amounts related to a given
				  classification.
2. Expenditures
				  must be kept in the following cost categories: Salaries, Fringe, Travel,
				  Operating Services, Supplies, Equipment, Other. The provider will submit a
				  monthly operating statement to the state detailing monthly expenditures by cost
				  category.
3. All records shall be
				  maintained in an accessible, standardized order and format and shall be subject
				  at all reasonable times to inspection and audit by the state agency and the
				  legislative auditor.
4. A provider
				  shall 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 written
				  disclosure of any financial transaction with the facility in which a member of
				  the governing body, administrative personnel, or his/her immediate family is
				  involved.
5. All books, records and
				  other documents relevant to the expenditure of state funds must be retained for
				  six years after final payments.
6.
				  A provider shall have sufficient space, facilities and supplies for providing
				  effective recordkeeping services.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 47 - Family Violence Shelter › Section I-4715 - Confidentiality and Security of Files

Current through Register Vol. 50, No. 6, June 20, 2024
A. A provider shall have written procedures
				  for the maintenance and security of records and to whom records may be
				  released. Records shall be the property of the provider and the provider, as
				  custodian, shall secure records against loss, tampering, or unauthorized
				  use.
B. A provider shall maintain
				  the confidentiality of all clients' case records. Employees for the provider
				  shall not disclose or knowingly permit the disclosure of any information
				  concerning the client or his/her family, directly or indirectly, to any
				  unauthorized person.
C. When the
				  client is of majority age and noninterdicted, a provider shall obtain the
				  client's written, informed permission prior to releasing any information
				  concerning the client.
D. When the
				  client is a minor or is interdicted, the provider shall obtain written,
				  informed consent from the parent(s), or legally responsible person prior to
				  releasing any information concerning the client.
E. A provider shall, upon written request,
				  make available information in the case record to the client, the legally
				  responsible person, or legal counsel of the client. If, in the professional
				  judgement of the administration of the provider, it is felt that information
				  contained in the record would be damaging to the client, that information my be
				  withheld from the client except under court order.
F. A provider may use material from case
				  records for research purposes, development of the governing body's
				  understanding and knowledge of the provider's services, or similar educational
				  purposes, provided that names are deleted and other identifying information is
				  disguised or deleted.
G. A provider
				  shall not release a personnel file without the employee's permission except in
				  accordance with state law.
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-4717 - Administrative File

Current through Register Vol. 50, No. 6, June 20, 2024
A. A provider shall
				  have an administrative file including:
1.
				  documents identifying the governing body;
2. list of members and officers of the
				  governing body and their addresses and terms of membership, if
				  applicable;
3. by-laws of the
				  governing body and minutes of formal meetings, if applicable;
4. documentation of the provider's authority
				  to operate under state law;
5.
				  organizational chart of the provider;
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
				  social service providers used by the provider.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 47 - Family Violence Shelter › Section I-4719 - Client's Case Record

Current through Register Vol. 50, No. 6, June 20, 2024
A. A provider
				  shall have written record for each client including the following information:
1. basic demographic data;
2. client's history including, where
				  applicable, family data, medical history, educational background, employment
				  history, etc.;
3. statement of
				  presenting problem as seen by the client;
4. client's current situation;
5. assessment and service plan (including
				  client's goals and objectives);
6.
				  the findings made in periodic review of the service plan and recording of the
				  client's progress as measured by objective indicators;
7. a departure summary;
8. any follow-up contacts made.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 47 - Family Violence Shelter › Section I-4721 - Personnel File

Current through Register Vol. 50, No. 6, June 20, 2024
A. A provider shall
				  have a personnel file for each employee which shall contain:
1. the application for employment and/or
				  resume;
2. reference letters from
				  former employer(s) and personal references or phone notes on such
				  references;
3. any required medical
				  examinations;
4. evidence of
				  applicable professional credentials/certifications according to state
				  law;
5. annual performance
				  evaluations;
6. personnel actions,
				  other appropriate materials, reports and notes relating to the individual's
				  employment with the facility;
7.
				  employee's starting and termination dates;
8. the staff member shall have reasonable
				  access to his/her file and shall be allowed to add any written statement he/she
				  wishes to make to the file at any time.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 47 - Family Violence Shelter › Section I-4723 - Fundraising and Publicity

Current through Register Vol. 50, No. 6, June 20, 2024
A. A provider
				  shall have a policy regarding participation of clients in activities related to
				  fundraising and publicity.
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-4731 - Staff Plan

Current through Register Vol. 50, No. 6, June 20, 2024
A. A provider shall
				  have written plan for recruitment, screening, orientation, on-going training,
				  development, supervision and performance evaluation of staff members.
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-4733 - Recruitment

Current through Register Vol. 50, No. 6, June 20, 2024
A. A provider shall
				  employ qualified people representative of cultural and racial groups served by
				  the provider.
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-4735 - Screening

Current through Register Vol. 50, No. 6, June 20, 2024
A. A provider's
				  screening procedures shall address the prospective employee's qualifications,
				  ability, related experience, health, character, emotional stability and social
				  skills as related to the appropriate job description.
B. Prior to employing any person, a provider
				  shall obtain written references or phone notes on oral references.
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-4737 - Orientation

Current through Register Vol. 50, No. 6, June 20, 2024
A. A provider's
				  orientation program shall provide at least 16 hours of training for all direct
				  care staff within 30 working days of the date of employment. Orientation
				  training shall include instruction in safety and emergency procedures and in
				  the specific responsibilities of the employee's job.
B. New employees shall be accompanied by
				  experienced staff at all times and shall not be given the sole responsibility
				  for supervising clients until orientation training is completed.
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-4739 - Training

Current through Register Vol. 50, No. 6, June 20, 2024
A. A provider shall
				  ensure that each direct service worker participates in at least 40 hours of
				  in-service training each year. Orientation training and activities related to
				  routine supervision of the employee's tasks shall not be considered for the
				  purpose of this requirement.
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-4741 - Evaluation

Current through Register Vol. 50, No. 6, June 20, 2024
A. A provider shall
				  undertake an annual performance evaluation of all staff members.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 46:2125.