reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 41 - Expedited Licensing Process for Healthcare Facilities and Providers Licensed by the Department of Health › Section I-4105 - Expedited Licensing Applications and Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. Requests for expedited licensing
				  applications shall be submitted to the LDH Health Standards Section (HSS) on
				  the forms indicated for that purpose, containing such information as the
				  department may require, and shall be accompanied by the specified fee as
				  established in Paragraph E of this Section.
B. The applicant shall designate a
				  representative on the expedited licensing process application.
1. The designated applicant representative
				  shall be the only person to whom HSS will send written notification in matters
				  relative to the status of the expedited licensing process.
2. If the applicant representative or his/her
				  address changes at any time during the licensing process, it is the
				  responsibility of the applicant to notify HSS in writing of such
				  change.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 41 - Expedited Licensing Process for Healthcare Facilities and Providers Licensed by the Department of Health › Section I-4107 - Expedited Licensing Survey Types and Tiers

Current through Register Vol. 50, No. 6, June 20, 2024
A. The fees associated with the expedited
				  licensing process shall be assessed according to the following tiers.
1. Tier 1. Expedited licensing fee is set at
				  $7,000.
2. Tier 2. Expedited
				  licensing fee is set at $6,000.
3.
				  Tier 3. Expedited licensing fee is set at $5,000.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 41 - Expedited Licensing Process for Healthcare Facilities and Providers Licensed by the Department of Health › Section I-4109 - Expedited Licensing Application Review Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. If an applicant provider or facility
				  submits an expedited licensing process application and pays all applicable fees
				  in the required manner, the department shall prioritize the application. After
				  priority review of the application, the department shall:
1. notify the applicant provider or facility
				  of any missing documentation or information; or
2. notify the applicant of the approval of
				  the completed expedited licensing application packet.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 41 - Expedited Licensing Process for Healthcare Facilities and Providers Licensed by the Department of Health › Section I-4111 - Expedited Licensing Survey Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. Once the expedited licensing application
				  packet has been approved, the department shall conduct the expedited licensing
				  survey within 10 working days of the readiness date indicated by the applicant
				  provider or facility, or such other time period to which the provider has
				  agreed.
B. The expedited licensing
				  survey shall be conducted in accordance with this Subchapter and applicable
				  published licensing statutes, rules and regulations for the particular health
				  care provider or facility type for which the applicant has applied.
C. The expedited licensing survey shall be
				  scheduled and conducted in an expedited manner pursuant to the usual survey
				  process, protocols and procedure.
D. The department shall provide written
				  notification to the applicant representative of the results of the expedited
				  licensing survey within 10 working days of the survey exit date. This
				  notification may be made by electronic transmission.
1. The written notification of the expedited
				  survey results shall include any licensing deficiencies, requirements for a
				  plan of correction, and review and/or appeal rights as to the deficiencies, if
				  applicable, pursuant to applicable licensing statutes, rules and
				  regulations.
2. If deficiencies are
				  cited at the expedited licensing survey, the department may, at its option:
a. require a plan of correction and conduct a
				  follow-up licensing survey;
b.
				  issue a provisional license, pursuant to applicable licensing regulations;
				  or
c. issue a license denial,
				  including appeal rights, pursuant to applicable licensing
				  regulations.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 41 - Expedited Licensing Process for Healthcare Facilities and Providers Licensed by the Department of Health › Section I-4113 - Expedited Licensing Survey Refunds

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department shall refund the expedited
				  licensing process fee amount paid by an applicant provider or facility if the
				  survey is not conducted within the time periods specified in §4111 A,
				  unless such failure to conduct the survey is due to the unavailability of the
				  facility or provider.
B. If the
				  applicant facility or provider fails to be ready when the department begins to
				  conduct the expedited licensing survey, the survey will be ended, no refund of
				  the expedited licensing fee will be due, and the applicant facility or provider
				  shall have the choice to:
1. re-submit a new
				  expedited licensing process application and applicable fee; or
2. submit a regular licensing process
				  application and applicable fee.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 42 - Adult Day Health Care › Subchapter A - General Provisions › Section I-4201 - Introduction

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
					 Adult Day Health Care (ADHC) services is to provide an alternative to or a
					 possible prevention or delay of 24-hour institutional care by furnishing direct
					 care for a portion of the day to adults who have physical, mental, or
					 functional impairments. An ADHC shall be operational for at least five hours
					 each day of operation. An ADHC center shall be operational for at least five
					 days per week. An ADHC center shall protect the health, safety, welfare, and
					 well-being of participants attending ADHC centers.
B. An ADHC center shall have a written
					 statement describing its philosophy as well as long-term and short-term goals.
					 The ADHC center program statement shall include goals that:
1. promote the participant's maximum level of
					 independence;
2. maintain the
					 participant's present level of functioning as long as possible, while
					 preventing or delaying further deterioration;
3. restore and rehabilitate the participant
					 to the highest level of functioning;
4. provide support and education for families
					 and other caregivers;
5. foster
					 participation, socialization and peer interaction; and
6. serve as an integral part of the community
					 services network and the long-term care continuum of services.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 42 - Adult Day Health Care › Subchapter A - General Provisions › Section I-4205 - Licensure Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. All ADHC
					 centers shall be licensed by the Department of Health (LDH). LDH is the only
					 licensing authority for ADHC centers in the State of Louisiana. It shall be
					 unlawful to operate an ADHC center without possessing a current, valid license
					 issued by LDH. The license shall:
1. be
					 issued only to the person/entity named in the license application;
2. be valid only for the ADHC center to which
					 it is issued and only for the specific geographic address of the
					 center;
3. be valid for one year
					 from the date of issuance, unless revoked prior to that date;
4. expire on the last day of the twelfth
					 month after the date of issuance, unless otherwise renewed;
5. not be subject to sale, assignment, or
					 other transfer, voluntary or involuntary; and
6. be posted in a conspicuous place on the
					 licensed premises at all times.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 42 - Adult Day Health Care › Subchapter A - General Provisions › Section I-4207 - Initial License Application Process

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 An initial application for licensing as an ADHC center shall be obtained from
					 the department.
B. A completed
					 initial license application packet for an ADHC center shall be submitted to and
					 approved by the department prior to an applicant providing ADHC services. An
					 applicant shall submit a completed initial licensing packet to the department,
					 which shall include:
1. a completed ADHC
					 licensure application and the non-refundable licensing fee as established by
					 statute;
2. a copy of the approval
					 letter of the architectural center plans from the Office of the State Fire
					 Marshal;
3. a copy of the on-site
					 inspection report with approval for occupancy by the Office of the State Fire
					 Marshal;
4. a copy of the health
					 inspection report with approval of occupancy report of the center from the
					 Office of Public Health;
5. a copy
					 of state-wide criminal background checks conducted by the Louisiana State
					 Police, or its authorized agent, on all owners;
6. proof of financial viability including:
a. line of credit issued from a federally
					 insured, licensed lending institution in the amount of at least $50,000;
					 and
b. general and professional
					 liability insurance of at least $300,000;
7. if applicable, clinical laboratory
					 improvement amendments (CLIA) certificate or CLIA certificate of
					 waiver;
8. a completed disclosure
					 of ownership and control information form;
9. a floor sketch or drawing of the premises
					 to be licensed;
10. the days and
					 hours of operation; and
11. any
					 other documentation or information required by the department for
					 licensure.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 42 - Adult Day Health Care › Subchapter A - General Provisions › Section I-4212 - Accredited Status

Current through Register Vol. 50, No. 6, June 20, 2024
A. After
					 initial licensure, an ADHC center may request accreditation. To achieve
					 accredited status, the ADHC shall be required to submit a copy of its current
					 program of all-inclusive care for the elderly (PACE) program agreement to show
					 documented proof of meeting initial and continual compliance with PACE
					 requirements and for each annual renewal of licensure.
B. The department may accept accreditation in
					 lieu of periodic on-site licensing surveys when the center provides
					 documentation to the department that shows:
1. the PACE program agreement is current;
					 and
2. the center remains in
					 substantial compliance with all PACE program agreement requirements.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 42 - Adult Day Health Care › Subchapter A - General Provisions › Section I-4213 - Renewal of License

Current through Register Vol. 50, No. 6, June 20, 2024
A. License
					 Renewal Application. The ADHC center shall submit a completed license renewal
					 application packet to the department at least 30 days prior to the expiration
					 of the existing current license. The license renewal application packet shall
					 include:
1. the license renewal
					 application;
2. the days and hours
					 of operation;
3. a current fire
					 inspection report;
4. a current
					 health inspection report;
5. the
					 required license renewal fee;
6.
					 proof of continuous financial viability without interruption including
					 maintenance of a line of credit issued from a federally insured, licensed
					 lending institution in the amount of at least $50,000;
7. proof of PACE program agreement, if
					 accredited; and
8. any other
					 documentation required by the department.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 42 - Adult Day Health Care › Subchapter A - General Provisions › Section I-4215 - Reporting Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 following changes, or any combination thereof, shall be reported in writing to
					 the department within five working days of the occurrence of the change. A
					 change in:
1. the name of the ADHC
					 center;
2. the geographic or
					 mailing address;
3. contact
					 information, i.e., telephone number, fax number, email address; or
4. key administrative staff (i.e., director,
					 program manager, social service designee, a registered nurse (RN) and /or
					 licensed practical nurse (LPN), etc).
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 42 - Adult Day Health Care › Subchapter A - General Provisions › Section I-4217 - Denial of License, Revocation of License, Denial of License Renewal

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department
					 may deny an application for a license, may deny a license renewal, or may
					 revoke a license in accordance with the provisions of the Administrative
					 Procedures Act.
B. Denial of an
					 Initial License
1. The department shall deny
					 an initial license in the event that the initial licensing survey finds that
					 the ADHC center is noncompliant with any licensing laws, rules, ordinances or
					 regulations or with any other required statutes that are a threat to the
					 health, safety, or welfare of the participants.
2. The department shall deny any initial
					 license for any of the reasons designated in §4217. D that a license may
					 be revoked or denied renewal.
3.
					 Repealed.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 42 - Adult Day Health Care › Subchapter A - General Provisions › Section I-4219 - Notice and Appeal of Initial License Denial, Revocation, and Denial of License Renewal

Current through Register Vol. 50, No. 6, June 20, 2024
A. Notice of a
					 license denial, license revocation, or denial of license renewal shall be given
					 to the center in writing.
B. The
					 ADHC center has a right to an informal reconsideration of the license denial,
					 license revocation, or denial of license renewal.
1. The ADHC center shall request the informal
					 reconsideration within 15 days of the receipt of the notice of the license
					 denial, license revocation, or denial of license renewal. The request for
					 informal reconsideration shall be in writing and shall be forwarded to the
					 departments Health Standards Section.
2. The request shall include any
					 documentation that demonstrates that the determination was made in
					 error.
3. If a timely request is
					 received by HSS, an informal reconsideration shall be scheduled and the center
					 will receive written notification.
4. The center shall have the right to appear
					 in person at the informal reconsideration and may be represented by
					 counsel.
5. Correction of a
					 violation or deficiency which is the basis for the denial, revocation or denial
					 of license renewal, shall not be a basis for reconsideration.
6. The informal reconsideration process is
					 not in lieu of the administrative appeals process and does not extend the time
					 limits for filing an administrative appeal of the license denial, revocation,
					 or denial of license renewal.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 42 - Adult Day Health Care › Subchapter A - General Provisions › Section I-4220 - Complaint Surveys (Formerly section 4221)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department shall conduct complaint
					 surveys in accordance with
					 R.S.
					 40:2009.13 et seq.
B. Complaint surveys shall be unannounced
					 surveys.
C. A follow-up survey may
					 be conducted for any complaint survey where deficiencies have been cited to
					 ensure correction of the deficient practices.
D. The department may issue appropriate
					 sanctions including, but not limited to civil monetary penalties, directed
					 plans of correction, and license revocations for deficiencies and noncompliance
					 with any complaint survey.
E. LDH
					 surveyors and staff shall be given access to all areas of the center and all
					 relevant files during any complaint survey. LDH surveyors and staff shall be
					 allowed to interview any ADHC center staff and participant as required to
					 conduct the survey.
AUTHORITY NOTE:
						Promulgated in accordance with R.S. 36:254 and
						40:2120.41-46.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 42 - Adult Day Health Care › Subchapter A - General Provisions › Section I-4221 - Statement of Deficiencies (Formerly section 4223)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following statements of deficiencies
					 issued by the department to the ADHC center shall be posted in a conspicuous
					 place on the licensed premises:
1. the most
					 recent annual survey statement of deficiencies; and
2. any subsequent complaint survey statement
					 of deficiencies.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 42 - Adult Day Health Care › Subchapter A - General Provisions › Section I-4222 - Cessation of Business

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as
					 provided in
					 §4223 and
					 §4224 of these licensing regulations, a license shall be immediately null
					 and void if an ADHC center becomes non-operational.
B. A cessation of business is deemed to be
					 effective the date on which the ADHC center ceased offering or providing
					 services to the community and/or is considered non-operational in accordance
					 with the requirements of §4205
C. Upon the cessation of business, the ADHC
					 center shall immediately return the original license to the
					 department.
D. Cessation of
					 business is deemed to be a voluntary action on the part of the center. The ADHC
					 center does not have a right to appeal a cessation of business.
E. Prior to the effective date of the closure
					 or cessation of business, the ADHC center shall:
1. give 30 days advance written notice to:
a. each participant or participants legal
					 representative, if applicable;
b.
					 each participants physician;
c.
					 Health Standards Section (HSS);
d.
					 Office of Aging and Adult Services (OAAS); and
e. support coordination agency for waiver
					 participants;
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 42 - Adult Day Health Care › Subchapter A - General Provisions › Section I-4223 - Inactivation of License due to a Declared Disaster or Emergency

Current through Register Vol. 50, No. 6, June 20, 2024
A. An ADHC center
					 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 licensed center shall submit
					 written notification to HSS within 60 days of the date of the executive order
					 or proclamation of emergency or disaster that:
a. the ADHC center 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 licensed ADHC center intends to resume
					 operation as an ADHC center in the same service area;
c. includes an attestation that the emergency
					 or disaster is the sole causal factor in the interruption of the provision of
					 services;
d. includes an
					 attestation that all participants have been properly discharged or transferred
					 to another center;
e. provides a
					 list of each participant and where that participant is discharged or
					 transferred to; and
f. pursuant to
					 these provisions, an extension of the 60 day deadline for initiation of the
					 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 42 - Adult Day Health Care › Subchapter A - General Provisions › Section I-4224 - Inactivation of License due to a Non-Declared Disaster or Emergency

Current through Register Vol. 50, No. 6, June 20, 2024
A. A licensed ADHC
					 center 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 licensed ADHC
					 center shall submit written notification to the HSS within 30 days of the date
					 of the non-declared emergency or disaster stating that:
a. the ADHC center 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 licensed ADHC center intends to resume
					 operation as a ADHC center in the same service area;
c. the licensed ADHC center attests that the
					 emergency or disaster is the sole causal factor in the interruption of the
					 provision of services; and
d. the
					 licensed ADHC centers initial request to inactivate does not exceed one year
					 for the completion of repairs, renovations, rebuilding or replacement of the
					 center;
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 42 - Adult Day Health Care › Subchapter B - Administration and Organization › Section I-4225 - Governing Body

Current through Register Vol. 50, No. 6, June 20, 2024
A. The center shall
					 have a governing body with responsibility as an authority over the policies and
					 activities of the center.
1. The center shall
					 have documents identifying the following information regarding the governing
					 body:
a. names and addresses of all
					 members;
b. terms of membership, if
					 applicable;
c. officers of the
					 governing body, if applicable; and
d. terms of office of all officers, if
					 applicable.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 42 - Adult Day Health Care › Subchapter B - Administration and Organization › Section I-4227 - Policy and Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. An ADHC
					 center shall have a written program plan describing the services and programs
					 that it furnishes.
B. The center
					 shall have written policies and procedures governing all areas of care and
					 services provided by the center that are available to staff, participants,
					 and/or sponsors. These policies and procedures shall:
1. ensure that each participant receives the
					 necessary care and services to promote his/her highest level of functioning and
					 well-being;
2. reflect awareness of
					 the medical and psychosocial needs of participants as well as provisions for
					 meeting those needs, including admission, transfer, and discharge planning; and
					 the range of services available to participants;
3. be developed in consultation with a group
					 of professional personnel consisting of at least a licensed physician, the
					 director, and a registered nurse;
4. govern access, duplication and
					 dissemination of information from the participant's personal and medical
					 record;
5. establish guidelines to
					 protect any money or other personal items brought to the ADHC center by
					 participants;
6. describe the
					 process for participants to file a grievance with the center and/or register a
					 complaint with the department:
a. the LDH
					 toll-free telephone number for registering complaints shall be posted
					 conspicuously in public areas of the ADHC center;
7. be available to the participant's
					 physician of choice;
8. be revised
					 as necessary, but reviewed by the professional group at least annually;
					 and
9. be approved by the governing
					 body.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 42 - Adult Day Health Care › Subchapter B - Administration and Organization › Section I-4229 - Fiscal Accountability

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
					 center shall establish a system of business management and staffing to assure
					 maintenance of complete and accurate accounts, books and records.
B. A center shall demonstrate fiscal
					 accountability through regular recording of its finances.
C. A center shall not permit funds to be paid
					 or committed to be paid to any entity in which any member of the governing body
					 or administrative personnel, or members of their immediate families, 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 center.
1. The center shall provide a written
					 disclosure of any financial transaction regarding the center in which a member
					 of the governing body, administrative personnel, or his/her immediate family is
					 involved.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 42 - Adult Day Health Care › Subchapter B - Administration and Organization › Section I-4231 - Administrative Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. A center
					 shall have administrative records that include:
1. documents identifying the governing body;
a. a list of the officers and members of the
					 governing body, their addresses and terms of membership, if
					 applicable;
b. by-laws of the
					 governing body and minutes of formal meetings, if applicable;
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 42 - Adult Day Health Care › Subchapter B - Administration and Organization › Section I-4233 - Participant Case Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. A center
					 shall have an organized record system which includes a written case record for
					 each participant. The case record shall contain administrative and treatment
					 data from the time of admission until the time that the participant leaves the
					 center.
B. The participant's case
					 record shall include:
1. identifying
					 information such as:
a. name;
b. birth date;
c. home address;
d. Social Security number;
e. marital status;
f. gender;
g. ethnic group; and
h. religion;
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 42 - Adult Day Health Care › Subchapter B - Administration and Organization › Section I-4235 - Retention of Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. All records
					 shall be maintained in an accessible, standardized order and format and shall
					 be retained and disposed of according to state laws. An ADHC center shall have
					 sufficient space, facilities and supplies for providing effective
					 record-keeping services.
B. All
					 records concerning past or present medical conditions of participants are
					 confidential and shall be maintained in compliance with the provisions of the
					 Health Insurance Portability and Accountability Act (HIPAA) of 1996. The
					 expressed written consent of the participant shall be obtained prior to the
					 disclosure of medical information regarding the participant.
C. The participant's medical record shall
					 consist of the active participant record and the ADHC center's storage files or
					 folders. As this active record becomes bulky, the outdated information shall be
					 removed and filed in the ADHC center's storage files or folders. The active
					 medical records shall contain the following information:
1. the necessary admission records;
2. at least six months of current pertinent
					 information relating to the participant's active ongoing care; and
3. if the ADHC center is aware that a
					 participant has been interdicted, a statement to this effect shall be noted on
					 the inside front cover of the record.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 42 - Adult Day Health Care › Subchapter B - Administration and Organization › Section I-4237 - Confidentiality and Security of Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. A center shall have written procedures for
					 the maintenance and security of records specifying who shall supervise the
					 maintenance of records, who shall have custody of records, and to whom records
					 may be released. Records shall be the property of the ADHC center and as
					 custodian, the center shall secure records against loss, tampering or
					 unauthorized use.
B. A center shall
					 maintain the confidentiality of all participants' case records. Employees of
					 the center shall not disclose or knowingly permit the disclosure of any
					 information concerning the participant or his/her family, directly or
					 indirectly, to any unauthorized person.
C. A center shall obtain the participant's
					 written, informed permission prior to releasing any information from which the
					 participant or his/her family might be identified, except for authorized
					 federal and state agencies or another program with professional interest in the
					 participant.
D. The ADHC center
					 shall safeguard the confidentiality of participant information and shall
					 release confidential information only under the following conditions:
1. by court order; or
2. by the participant's written
					 authorization, unless contraindicated as documented in the participant's record
					 by the attending physician.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 42 - Adult Day Health Care › Subchapter C - Participant Rights › Section I-4239 - Statement of Rights

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
					 participant shall be informed of his/her rights and responsibilities regarding
					 the ADHC center. The regulations of the ADHC center and all rules governing
					 participant conduct and behavior shall be fully explained to the participant.
					 Before or upon admission, the ADHC center shall provide a copy of the
					 participant rights document to each participant. A signed and dated
					 acknowledgment form shall be filed in each participant's record.
B. If the ADHC center changes its participant
					 rights policies, a signed and dated acknowledgment form shall be filed in each
					 participant's record.
C. The
					 center shall have a written policy on participant civil rights. This policy
					 shall give assurances that:
1. a
					 participant's civil rights are not abridged or abrogated solely as a result of
					 placement in the ADHC center's program; and
2. a participant is not denied admission,
					 segregated into programs or otherwise subjected to discrimination on the basis
					 of race, religion or ethnic background.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 42 - Adult Day Health Care › Subchapter D - ADHC Center Services › Section I-4241 - Mandatory Daily Program Components

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 There shall be a planned daily program of both individual and group activities
					 which is sufficiently varied and structured so as to directly involve the
					 participants in a stimulated and meaningful use of time while at the center.
					 Emphasis shall be given to maintaining and improving the participants'
					 functional abilities.
B.
					 Participants shall be encouraged to take part in the planning and directions of
					 activities. Programming shall allow for active and passive
					 participation.
C. Centers shall
					 provide a detailed description of individual and group activities that are
					 being provided to participants on a daily basis and shall make this information
					 available upon request. This information shall also be made available to
					 participants and their families.
D.
					 When available, community resources may be used to provide educational
					 programs, lectures, concerts and similarly stimulating activities to
					 participants.
E. An arts and crafts
					 activities program may be available to make use of the rehabilitative as well
					 as the recreational values of such pastimes. A supply of materials adequate to
					 accommodate all participants shall be on hand for this program.
F. An outdoor activities program, such as
					 gardening or walking, may be maintained where space, weather, and participants'
					 health permit.
G. A daily rest
					 period may be incorporated into the program.
AUTHORITY NOTE:
						Promulgated in accordance with R.S. 36:254 and
						40:2120.41-46.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 42 - Adult Day Health Care › Subchapter D - ADHC Center Services › Section I-4243 - Core Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. At a
					 minimum, each center shall provide the following services:
1. individualized training or assistance with
					 the activities of daily living (toileting, grooming, ambulation,
					 etc.);
2. health and nutrition
					 counseling;
3. an individualized,
					 daily exercise program;
4. an
					 individualized, goal-directed recreation program;
5. daily health education;
6. one nutritionally-balanced hot meal and
					 two snacks served each day;
7.
					 nursing services that include the following individualized health services:
a. monitoring vital signs appropriate to the
					 diagnosis and medication regimen of each participant no less frequently than
					 monthly;
b. administering
					 medications and treatments in accordance with physician's orders;
c. initiating and developing a
					 self-administration of medication plan for the ADHC center which is
					 individualized for each participant for whom it is indicated; and
8. transportation to and from the
					 center.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 42 - Adult Day Health Care › Subchapter D - ADHC Center Services › Section I-4245 - Transportation Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 center shall provide transportation to and from the ADHC center at the
					 beginning and end of the program day. The center shall comply with the
					 following requirements governing transportation.
1. The center shall have liability insurance
					 coverage and have proof of such coverage.
2. The center shall conform to all state laws
					 and regulations pertaining to drivers, vehicles and insurance.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 42 - Adult Day Health Care › Subchapter E - Participant Care › Section I-4249 - Medical Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. Medical
					 services shall be provided by the participant's physician of choice.
B. The center shall have a listing of
					 available medical services for referral. When referrals are made, the center
					 shall follow-up to see that the participant is receiving services.
C. Appropriate staff shall immediately notify
					 the participant's physician and the legal or personal representative of any
					 emergency, change in condition or injury to the participant that occurs at the
					 center.
1. In areas where 911 services are
					 not available, the center shall have means to transport participants for
					 medical emergencies.
2. In cities
					 or communities that have a city or community wide ambulance service (fire
					 department or other emergency medical service), a statement in the center files
					 regarding available emergency transportation services and the method of contact
					 for the service will be acceptable.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 42 - Adult Day Health Care › Subchapter E - Participant Care › Section I-4251 - Nursing Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. All nursing
					 services furnished in the ADHC center shall be provided in accordance with
					 acceptable nursing professional practice standards.
B. A licensed registered nurse (RN) shall
					 serve on the interdisciplinary (ID) team and shall monitor the overall health
					 needs of the participants. The RN serves as a liaison between the participant
					 and medical resources, including the treating physician.
1. The RN's responsibilities include
					 medication review for each participant at least monthly and when there is a
					 change in the medication regimen to:
a.
					 determine the appropriateness of the medication regime;
b. evaluate contraindications;
c. evaluate the need for lab
					 monitoring;
d. make referrals to
					 the primary care physician for needed monitoring tests;
e. report the efficacy of the medications
					 prescribed; and
f. determine if
					 medications are properly being administered in the center.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 42 - Adult Day Health Care › Subchapter E - Participant Care › Section I-4253 - Nutrition Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. There shall
					 be a hot, nutritious and palatable noon meal served daily which provides
					 one-third of the recommended dietary allowances (RDA) as established by the
					 National Research Council and American Dietetic Association. Accommodations
					 shall be made for participants with special diets.
1. There shall be a mid-morning snack served
					 daily in centers where breakfast is not served.
2. There shall be a mid-afternoon snack
					 served daily.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 42 - Adult Day Health Care › Subchapter E - Participant Care › Section I-4255 - Social Work Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. All social
					 work services shall be provided in accordance with acceptable professional
					 social work practice standards.
B.
					 A social service designee or social worker shall serve on the ID team and shall
					 monitor the overall social needs of the participant.
C. Social services, as a part of an
					 interdisciplinary spectrum of services, shall be provided to the participants
					 to:
1. maximize the social functioning of
					 each participant;
2. enhance the
					 coping capacity of the participant and, as appropriate, his family;
3. assert and safeguarding the human and
					 civil rights of participants; and
4. foster the human dignity and personal
					 worth of each participant.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 42 - Adult Day Health Care › Subchapter F - Human Resources › Section I-4259 - Personnel Policies

Current through Register Vol. 50, No. 6, June 20, 2024
A. An ADHC
					 center shall have personnel policies that include:
1. a written plan for recruitment, screening,
					 orientation, in-service training, staff development, supervision and
					 performance evaluation of all staff members;
2. written job descriptions for each staff
					 position, including volunteers;
3.
					 a health assessment which includes, at a minimum, evidence that the employee is
					 free of active tuberculosis and that staff are retested on a time schedule as
					 mandated by the Office of Public Health;
a.
					 policies shall be in accordance with state rules, laws and regulations for
					 employees, either contracted or directly employed, and
					 volunteers;
4. a written
					 employee grievance procedure;
5.
					 abuse reporting procedures that require all employees to report any incidents
					 of abuse or neglect in accordance with state law, whether the abuse or
					 mistreatment is committed by another staff member, a family member or any other
					 person;
6. clarification of the
					 centers prohibited use of social media. The policy shall ensure that all staff,
					 either contracted or directly employed, receive training relative to the
					 restrictive use of social media and include, at a minimum, ensuring
					 confidentiality of participant information and preservation of participant
					 dignity and respect, including protection of participant privacy and personal
					 and property rights; and
7.
					 prevention of discrimination.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 42 - Adult Day Health Care › Subchapter F - Human Resources › Section I-4261 - Orientation and Training

Current through Register Vol. 50, No. 6, June 20, 2024
A. A center's
					 orientation program shall provide training for any new direct care staff,
					 either contracted or employed, to acquaint them with the philosophy,
					 organization, program, practices and goals of the center. The orientation shall
					 also include instruction in safety and emergency procedures as well as the
					 specific responsibilities of the employee's job.
B. A center shall document that all
					 employees, either contracted or staff, receive training on an annual basis in:
1. the principles and practices of
					 participant care;
2. the center's
					 administrative procedures and programmatic goals;
3. emergency and safety procedures;
4. protecting the participant's
					 rights;
5. procedures and legal
					 requirements concerning the reporting of abuse and neglect;
6. acceptable behavior management
					 techniques,
7. crisis management;
					 and
8. the centers policy on the
					 prohibited use of social media.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 42 - Adult Day Health Care › Subchapter F - Human Resources › Section I-4263 - Personnel Files

Current through Register Vol. 50, No. 6, June 20, 2024
A. In accordance
					 with §4259, an ADHC center shall have a personnel file for each employee,
					 either contracted or staff that contains:
1.
					 the application for employment and/or resume;
2. the statewide criminal background history
					 checks;
3. documentation of proof
					 of DSW registry checks;
4.
					 reference letters from former employer(s) and personal references or written
					 documentation based on telephone contact with such references;
5. any required medical
					 examinations;
6. evidence of
					 applicable professional credentials/certifications according to state
					 law;
7. annual performance
					 evaluations;
8. personnel actions,
					 other appropriate materials, reports and notes relating to the individual's
					 employment with the center; and
9.
					 the employees starting and termination dates.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 42 - Adult Day Health Care › Subchapter G - Center Responsibilities › Section I-4265 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. A center
					 shall employ a sufficient number of qualified staff and delegate sufficient
					 authority to such staff to ensure that the center's responsibilities are
					 carried out and that the following functions are adequately performed:
1. administrative functions;
2. fiscal functions;
3. clerical functions;
4. housekeeping, maintenance and food service
					 functions;
5. direct service
					 functions;
6. supervisory
					 functions;
7. record-keeping and
					 reporting functions;
8. social
					 services functions; and
9.
					 ancillary service functions;
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 42 - Adult Day Health Care › Subchapter G - Center Responsibilities › Section I-4267 - Staffing Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Staff at
					 ADHC centers shall meet the following education and experience requirements.
					 All college degrees shall be from a nationally accredited institution of higher
					 education as defined in § 102(b) of the Higher Education Act of 1965 as
					 amended. The following "key" staff positions are required and subject to the
					 provisions listed below.
1. Director. The
					 director shall have a bachelors degree in a human services-related field, such
					 as social work, nursing, education or psychology. Eight years of supervisory
					 experience working in a human services-related field may be substituted for the
					 bachelors degree.
a. - b. Repealed.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 42 - Adult Day Health Care › Subchapter G - Center Responsibilities › Section I-4269 - Incident Reports

Current through Register Vol. 50, No. 6, June 20, 2024
A. There shall
					 be policies and procedures which cover the writing of and disposition of
					 incident reports.
1. The center shall
					 complete incident reports for each participant involved in the following
					 occurrences:
a. accidents and
					 injuries;
b. the involvement of any
					 participant in any occurrence which has the potential for affecting the welfare
					 of any other participant;
c. any
					 elopement or attempted elopement, or when the whereabouts of a participant is
					 unknown for any length of time; and
d. any suspected abuse, whether or not it
					 occurred at the center.