reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 82 - Minimum Standards for Licensure of Hospice Agencies › Subchapter D - Administration › Section I-8246 - Inactivation of Licensure due to a Non-Declared Disaster or Emergency

Current through Register Vol. 50, No. 6, June 20, 2024
A. A hospice 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 hospice 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 hospice 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 hospice intends to resume operation as
					 a hospice agency in the same service area;
c. the hospice attests that the emergency or
					 disaster is the sole causal factor in the interruption of the provision of
					 services; and
d. the hospices
					 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 82 - Minimum Standards for Licensure of Hospice Agencies › Subchapter E - Hospice Inpatient Facility › Section I-8247 - Requirements for Licensure of Inpatient Hospice

Current through Register Vol. 50, No. 6, June 20, 2024
A. Hospice inpatient services may be provided
					 directly by the hospice or through arrangements made by the hospice. An agency
					 is prohibited from providing hospice inpatient services only A hospice that
					 elects to provide hospice inpatient services directly is required to be
					 licensed as a hospice agency and sublicensed as a hospice inpatient facility
					 Separate applications and fees are required. The application process to
					 establish a hospice inpatient facility may be completed simultaneously with an
					 application to provide hospice services.
B. An application packet shall be obtained
					 from LDH.
1. A completed application packet
					 for a hospice inpatient facility shall be submitted to and approved by LDH
					 prior to an agency providing hospice services.
2. The application submitted shall include
					 the current licensing fee plus any bed fees. All fees shall be in the form of a
					 company check, certified check or money order made payable to LDH. All fees
					 submitted are non-refundable. All state-owned hospice facilities are exempt
					 from fees.
3. The license shall be
					 conspicuously displayed in the hospice inpatient facility.
4. Each initial applicant or an existing
					 hospice inpatient facility requesting a change of address shall have approval
					 from the following offices prior to an on-site survey by this department.
a. Office of Public Health-Local Health Unit.
					 All hospice inpatient facilities shall comply with the rules, LAC Title 51,
Public Health-Sanitary Code
and enforcement policies as
					 promulgated by OPH. It shall be the primary responsibility of OPH to determine
					 if applicants are complying with those requirements. No initial license shall
					 be issued without the applicant furnishing a certificate from OPH that such an
					 applicant is complying with their provisions. A provisional license may be
					 issued to the applicant if OPH issues the applicant a conditional certificate.
b. Office of the State Fire
					 Marshal. All hospice inpatient facilities shall comply with the rules,
					 established fire protection standards and enforcement policies as promulgated
					 by OSFM. It shall be the primary responsibility of OSFM to determine if
					 applicants are complying with those requirements. No license shall be issued or
					 renewed without the applicant furnishing a certificate from OSFM that such
					 applicant is complying with their provisions. A provisional license may be
					 issued to the applicant if OSFM issues the applicant a conditional
					 certificate.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 82 - Minimum Standards for Licensure of Hospice Agencies › Subchapter E - Hospice Inpatient Facility › Section I-8249 - Governing Body for Inpatient Hospice (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						40:2181-2191.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 82 - Minimum Standards for Licensure of Hospice Agencies › Subchapter E - Hospice Inpatient Facility › Section I-8251 - Medical Director (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						40:2181-2191.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 82 - Minimum Standards for Licensure of Hospice Agencies › Subchapter E - Hospice Inpatient Facility › Section I-8253 - Nursing Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. There shall
					 be an organized nursing service that provides 24-hour nursing services. The
					 nursing services shall be under the direction of the director of nursing and in
					 accordance with the requirements of §8217. E 1-2.e.ix.
B. The inpatient facility shall have staff on
					 the premises on a 24 hour a day, 7 day a week basis when there are patients in
					 the facility. The services provided shall be in accordance with the patient's
					 plan of care. Each shift shall include two direct patient care staff, one of
					 which shall be a registered nurse who provides direct patient care. The nurse
					 to patient ratio shall be at least one nurse to every eight patients. In
					 addition there shall be sufficient number of direct patient care staff on duty
					 to meet the patient care needs. When there are no patients in the hospice
					 inpatient facility, the hospice shall have a registered nurse on-call to be
					 immediately available to the hospice inpatient facility.
C. Written nursing policies and procedures
					 shall define and describe the patient care provided. There shall be a written
					 procedure to ensure that all licensed nurses providing care in the inpatient
					 hospice facility have a valid and current license to practice prior to
					 providing any care.
D. Nursing
					 services are either furnished and/or supervised by a registered nurse and all
					 nursing services shall be evaluated by a registered nurse.
E. A registered nurse shall assign the
					 nursing service staff for each patient in the inpatient hospice facility. The
					 facility shall provide 24-hour nursing services which are sufficient to meet
					 the total nursing needs of the patient and which are in accordance with the
					 patient's plan of care. Staffing shall be planned so that each patient receives
					 treatments, medication, and diet as prescribed, and is kept clean,
					 well-groomed, and protected from accident, injury, and infection. Nursing
					 services staff shall be assigned clinical and/or management responsibilities in
					 accordance with education, experience and the current Louisiana Nurse Practice
					 Act.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						40:2181-2191.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 82 - Minimum Standards for Licensure of Hospice Agencies › Subchapter E - Hospice Inpatient Facility › Section I-8255 - Nutritional Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. Nutritional
					 services shall be under the supervision of a registered dietitian, licensed to
					 practice in Louisiana, who is employed either full-time, part-time or on a
					 consulting basis. If the registered dietitian is not full-time, there shall be
					 a full-time dietary manager who is responsible for the daily management of
					 dietary services.
1. The registered dietician
					 shall be responsible for assuring that quality nutritional care is provided to
					 patients by providing and supervising the nutritional aspects of patient care.
					 The registered dietician is also responsible for:
a. recording the nutritional status of the
					 patient;
b. plan menus for those
					 patients who require medically prescribed special diets; and
c. supervise the preparation and serving of
					 meals to ensure that the patient accepts the special diet.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 82 - Minimum Standards for Licensure of Hospice Agencies › Subchapter E - Hospice Inpatient Facility › Section I-8257 - Pharmaceutical Services of Inpatient Hospice

Current through Register Vol. 50, No. 6, June 20, 2024
A. The hospice shall provide pharmaceutical
					 services that meets the needs of the patients.
B. The hospice shall ensure that
					 pharmaceutical services are provided by appropriate methods and procedures for
					 the storage, dispensing and administering of drugs and biologicals. Whether
					 drugs and biologicals are obtained from community or institutional pharmacists
					 or stocked by the facility, the hospice facility is responsible for ensuring
					 that pharmaceutical services are provided in accordance with accepted
					 professional principles and appropriate federal, state, and local
					 laws.
C. If a pharmacy is to be
					 constructed within the hospice inpatient facility, plans shall be submitted to
					 the Board of Pharmacy for Licensing and Registration. The pharmacy shall have a
					 pharmacy permit issued by the Louisiana Board of Pharmacy to allow ordering,
					 storage, dispensing, and delivering of legend prescriptive orders. The hospice
					 inpatient facility pharmacy shall have a current controlled dangerous substance
					 license to dispense controlled substances to patients in the facility. The
					 pharmacy shall be directed by a registered pharmacist licensed to practice in
					 Louisiana.
D. Licensed Pharmacist.
					 The hospice shall employ a licensed pharmacist or have a formal agreement with
					 a licensed pharmacist to advise the hospice on ordering, storage,
					 administration, disposal, and record keeping of drugs and
					 biologicals.
E. Orders for
					 Medications. A licensed medical practitioners order shall be obtained for all
					 medication administered to the patient.
1. If
					 the medication order is verbal, the licensed medical practitioner shall give it
					 only to a licensed nurse, pharmacist, or another physician; and the individual
					 receiving the order shall record and sign it immediately.
2. All orders (to include telephone and/or
					 verbal) are to be signed by the prescribing licensed medical practitioner in a
					 timely manner, not to exceed 30 days.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 82 - Minimum Standards for Licensure of Hospice Agencies › Subchapter E - Hospice Inpatient Facility › Section I-8259 - Visitation by Members of the Clergy during a Declared Public Health Emergency

Current through Register Vol. 50, No. 6, June 20, 2024
A. For purposes of
					 §8259 and
					 §8261, a public health emergency (PHE) is a declaration made pursuant to
					 the Louisiana Health Emergency Powers,
					 R.S.
					 29:790 et seq., or current law.
B. For purposes of this Section, clergy shall
					 be defined as follows:
1. a minister, priest,
					 preacher, rabbi, imam, Christian Science practitioner; or
2. other similar functionary of a religious
					 organization; or
3. an individual
					 reasonably believed to be such a clergy member by the person consulting
					 him.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 82 - Minimum Standards for Licensure of Hospice Agencies › Subchapter E - Hospice Inpatient Facility › Section I-8561 - Visitation by Immediate Family Members and Other Designated Persons during a Declared Public Health Emergency

Current through Register Vol. 50, No. 6, June 20, 2024
A. For
					 the purposes of this Section, immediate family member shall mean the following
					 in order of priority:
1. spouse;
2. natural or adoptive parent, child, or
					 sibling;
3. stepparent, stepchild,
					 stepbrother, or stepsister;
4.
					 father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, or
					 sister-in-law;
5. grandparent or
					 grandchild;
6. spouse of a
					 grandparent or grandchild; or
7.
					 legal or designated representative of the patient.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 84 - End Stage Renal Disease Treatment Facilities › Subchapter A - General Provisions › Section I-8403 - Licensing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any facility
					 that presents itself to the public as a supplier of chronic dialysis treatment
					 services and/or dialysis training to individuals diagnosed with end stage renal
					 disease is required to have a valid and current license. The facility shall not
					 provide services without the appropriate license and shall advertise (or
					 otherwise notify the public or other referral entities) only for services that
					 the facility is licensed to provide. Each licensed facility must comply with
					 the minimum requirements in order to remain licensed. In addition, each
					 facility is required to have a copy of the minimum standards on site, and all
					 administrative and professional staff shall be familiar with the minimum
					 standards.
B. In order to be
					 licensed as an ESRD facility in Louisiana the facility must also be in
					 continuous compliance with federal regulatory requirements applicable to ESRD
					 facilities, including but not limited to:  42CFR §405 . 2135-2140;  42 CFR
					 §405 . 2150, and § 2160 - 2164.
C. The initial application process assures
					 that the facility is capable of organizing and planning an operation to provide
					 dialysis services as designated on the license. The application packet and
					 procedures may be obtained from DHH/HSS.
D. Renewal. A license must be renewed at
					 least annually.
E. License Types
1. Full License. A full license is issued to
					 agencies that are in compliance with the minimum standards and all other
					 licensing requirements. The license is valid until the date of expiration
					 unless it is revoked or suspended prior to the date of expiration, or the
					 license renewal is denied.
2.
					 Provisional License. A provisional license is issued to facilities that are not
					 in compliance with the minimum standards and whose license will be terminated
					 if systemic changes fail to correct identified problems. Cited deficiencies
					 shall not be detrimental to the health and safety of clients. A provisional
					 license is valid for six months or until a designated termination
					 date.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 84 - End Stage Renal Disease Treatment Facilities › Subchapter A - General Provisions › Section I-8405 - Fees, Fines, and Assessments

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
					 fees must be submitted to DHH in the form of a company or certified check or
					 money order, and made payable to the Department of Health and Hospitals. All
					 fees are non-refundable and non-transferable.
1. The current fee schedule is available upon
					 request.
2. The fee for the initial
					 application and licensing process shall be submitted prior to review and
					 consideration of the licensing application.
3. The annual renewal fee is payable in
					 advance of the issuance of the renewal license.
4. A fee must accompany any request requiring
					 the issuance of a replacement license.
5. A renewal or other fee is considered
					 delinquent after the due date and an additional fee shall be assessed beginning
					 on the day after the date due. No license will be issued until applicable fees
					 are paid.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 84 - End Stage Renal Disease Treatment Facilities › Subchapter A - General Provisions › Section I-8407 - Survey

Current through Register Vol. 50, No. 6, June 20, 2024
A. All surveys,
					 except the initial licensing survey, shall be unannounced. This survey may be
					 conducted with other agency personnel and/or personnel from other local, state
					 or federal agencies. A survey of all aspects of the facility's operation is
					 required prior to issuing a license.
B. Initial Survey. DHH shall determine
					 through an on-site review if the facility is capable of becoming fully
					 operational. The procedures for the on-site review may be obtained from
					 HSS.
C. Annual Survey. An on-site
					 survey of the facility is performed or an attestation from the facility is
					 received annually to assure continuous adherence to standards.
D. Follow-up Surveys. An on-site visit is
					 performed or documentation is requested for a desk review to ensure that
					 corrective actions have been taken as stated in the plan of corrections and to
					 assure continued compliance between surveys.
E. DHH shall determine the type and extent of
					 investigation to be made in response to complaints in accordance with R.S. 40:
					 2009.13 et seq.
1. The facility may be
					 required to do an internal investigation and submit a report to HSS.
2. HSS and other federal, state and local
					 agencies may conduct an on-site focused or complete survey as
					 appropriate.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 84 - End Stage Renal Disease Treatment Facilities › Subchapter A - General Provisions › Section I-8409 - Adverse Actions

Current through Register Vol. 50, No. 6, June 20, 2024
A. DHH reserves
					 the right to suspend, deny (initial or renewal), or revoke any license at the
					 discretion of the secretary or his/her designee.
B. Provisional License Designation. See
					 §8403. E 2
C. Denial of
					 Initial Licensing. An initial license request may be denied in accordance with
					 R.S.
					 40:2117.5(A).
D. A license may be revoked or denied for any
					 of the following nonexclusive reasons. See also
					 R.S.
					 40:2117.5:
1. cruelty or indifference to the welfare of
					 the patients;
2. misappropriation
					 or conversion of the property of the patients; or
3. violation of any provision of the End
					 Stage Renal Disease Facilities statute R.S.40:2117 et seq. or of the minimum
					 standards, rules, and regulations, as follows:
a. providing services to more stations than
					 authorized by license;
b. repeated
					 failure to adhere to rules and regulations that resulted in the issuance of a
					 provisional license or other sanction;
c. serious violation of these standards or
					 current professional standards of practice;
d. failure to submit corrective action plans
					 for identified violations;
e.
					 reasonable cause to suspect that patient health and/or safety is
					 jeopardized;
f. reliable evidence
					 that the facility has:
i. falsified
					 records;
ii. bribed, solicited or
					 harassed any person to use the services of any particular facility;
g. failure to submit required fees
					 in a timely manner;
h. failure to
					 cooperate with a survey and/or investigation by DHH and/or authorized agencies;
					 or
i. failure to meet operational
					 requirements as defined in §8423 C;
4. permitting, aiding, or abetting the
					 unlawful, illicit, or unauthorized use of drugs or alcohol within the
					 facility;
5. conviction or plea of
					 nolo contendere by the applicant for a felony. If the applicant is an agency,
					 the head of that agency must be free of such conviction. If a subordinate
					 employee is convicted of a felony, the matter must be handled administratively
					 to the satisfaction of HSS;
6.
					 documented information of past or present conduct or practices of the facility
					 that are detrimental to the welfare of the patients.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 84 - End Stage Renal Disease Treatment Facilities › Subchapter A - General Provisions › Section I-8411 - Appeals

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Health
					 Standards Section shall give at least 30 days notice of the denial of renewal
					 or revocation of license unless it determines that the health and/or safety of
					 patients is in jeopardy. In the event that it is determined that the health
					 and/or safety of patients is in jeopardy, the license may be revoked
					 immediately with appeal rights granted after the facility ceases operation and
					 patients are transferred to another facility. The facility may appeal within 30
					 days following the revocation.
B.
					 Requests for an administrative reconsideration must be submitted in writing to
					 HSS within 15 days of the receipt of the denial of renewal or revocation
					 notice.
C. Requests for an
					 administrative appeal must be submitted in writing to DHH, Office of the
					 Secretary within 15 days of the receipt of the denial of renewal or revocation
					 notice. Requests for administrative reconsideration do not affect the
					 timeframes for requesting an administrative appeal.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						46:153 and
						R.S.
						40:2117.4.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 84 - End Stage Renal Disease Treatment Facilities › Subchapter B - Facility Operations › Section I-8423 - Operational Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
					 facility shall establish facility-specific, written policy and implement such
					 policy in these areas:
1. procedures to
					 ensure the health, safety, and well-being of patients;
2. The procedure to ensure sound patient care
					 in conformity with current standards of practice;
3. protocols to assure uniform and quality
					 assessment, diagnosis, evaluation, and referral to the appropriate level of
					 care;
4. procedures to assure
					 operational capability and compliance;
5. procedures to assure that only qualified
					 personnel are providing care within their respective scope of
					 practice;
6. procedures to assure
					 that patient information is collected, maintained, and stored according to
					 current standards of practice; and
7. standards of conduct for all personnel in
					 the facility.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 84 - End Stage Renal Disease Treatment Facilities › Subchapter B - Facility Operations › Section I-8425 - Facility Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. Record
					 keeping shall be in accordance with accepted standards to assure the
					 development and implementation of facility specific policies and procedures to
					 adhere to all licensing standards. Specific facility records shall contain:
1. personnel information including:
a. annual health screens in accordance with
					 CDC/OPH guidelines and facility policy;
b. actual hours of work;
c.
					 orientation/training/in-services;
d. disciplinary actions;
e. verification of professional credentials,
					 licensing/certification and renewals; and
f. job descriptions/performance
					 expectations;
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 84 - End Stage Renal Disease Treatment Facilities › Subchapter B - Facility Operations › Section I-8427 - Health and Safety

Current through Register Vol. 50, No. 6, June 20, 2024
A. Infection
					 Control
1. The facility shall protect staff,
					 patients, and visitors from potential and/or actual harm from infectious
					 disease by utilizing the following policies and procedures.
a. Development and implementation of a
					 universal precautions program that includes education and practice.
b. Development and implementation of a
					 infection control program to report, evaluate, and maintain documentation
					 pertaining to the spread of infectious disease, including data collection and
					 analysis, corrective actions, and assignment of responsibility to designated
					 medical staff person (including "access infections").
c. The facility shall strictly adhere to all
					 sanitation requirements.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 84 - End Stage Renal Disease Treatment Facilities › Subchapter B - Facility Operations › Section I-8429 - Physical Plant Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. For
					 licensing, an ESRD treatment facility applicant shall have architectural plans
					 and specifications reviewed by the DHH Division of Engineering and
					 Architectural Services using the current edition of the
American
					 Institute of Architect's Guidelines for Construction for Hospital and Health
					 Care Facilities
.
B. The
					 Office of the State Fire Marshal shall determine fire safety review
					 requirements based upon applicable regulations.
C. Required Inspections
1. The facility shall pass all required
					 inspections and keep a current file of reports and other documentation needed
					 to demonstrate compliance with applicable laws and regulations. The inspections
					 must be signed, dated, and free of any outstanding violations/citations. The
					 following inspections are required:
a. annual
					 fire marshal inspection;
b. annual
					 inspection by the Office of Public Health (local health unit);
c. annual inspection and maintenance of fire
					 extinguishers by personnel licensed or certified to perform those duties;
					 and
d. regular inspections of
					 elevators, if applicable.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 84 - End Stage Renal Disease Treatment Facilities › Subchapter C - Personnel › Section I-8439 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Administration
1. The administrative staff
					 shall be qualified and adequate to assure adherence to all licensing
					 standards.
2. Qualifications of all
					 facility staff shall meet or exceed those required by federal
					 regulations.
3. Facility compliance
					 with licensing standards shall determine adequacy of available administrative
					 oversight.
4. Facilities shall be
					 organized so that administrative personnel do not perform any clinical duties
					 and/or make clinical decisions, unless the individual is licensed or certified
					 to make clinical decisions.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 84 - End Stage Renal Disease Treatment Facilities › Subchapter C - Personnel › Section I-8441 - Training

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each employee
					 shall complete appropriate orientation to the facility and to his/her work
					 responsibilities prior to providing direct patient care/contact. The content of
					 the basic orientation provided to all employees at the time of
					 employment/annual review shall include:
1.
					 policies/procedures and objectives of the facility;
2. duties and responsibilities of the
					 employee;
3.
					 organizational/reporting relationships;
4. ethics and confidentiality;
5. patient's rights;
6. standards of conduct required by the
					 facility;
7. information on the
					 disease process and expected outcomes;
8. emergency procedures including the
					 disaster plan and evacuation procedures;
9. principals and practices of maintaining a
					 clean, healthy and safe environment;
10. specific information as appropriate to
					 the employee's job duties;
11.
					 universal precautions;
12. violent
					 behavior in the workplace;
13.
					 abuse/neglect and exploitation;
14.
					 overview of ESRD licensing standards; and
15. basic emergency care of ill or injured
					 persons until trained personnel can arrive.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 84 - End Stage Renal Disease Treatment Facilities › Subchapter C - Personnel › Section I-8443 - Personnel Qualifications and Responsibilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Chief Executive Officer or Administrator
1. Qualifications are as cited in the CFR and
					 designated in writing by the governing body.
2. Responsibilities include:
a. enforcement of local, federal and state
					 requirements;
b. overall management
					 of the facility;
c. annual
					 documented review and appropriate actions taken on all policies, procedures,
					 facility rules, goals, grievances, budget, internal and external evaluations
					 (including all survey findings);
d.
					 implementation and enforcement of codes of conduct to ensure professional,
					 ethical and legal operations; and
e. implementation and enforcement of facility
					 practices that ensure that employees have the necessary administrative support
					 to provide therapeutic milieu for patients (including adequate staff, supplies,
					 and other support).
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 84 - End Stage Renal Disease Treatment Facilities › Subchapter D - Patient Care › Section I-8455 - Patient's Rights

Current through Register Vol. 50, No. 6, June 20, 2024
A. Facilities
					 are required to develop, post, and implement rules and policies that protect
					 the rights of patients and encourage patient responsibility.
1. The facility shall have an
					 operational/documented patient advice process in place that gives feedback to
					 the administration of the facility.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 84 - End Stage Renal Disease Treatment Facilities › Subchapter D - Patient Care › Section I-8457 - Treatment Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. The facility
					 must provide outpatient dialysis services as well as adequate lab, social, and
					 dietetic services to meet the needs of ESRD patients. The facility must provide
					 one or both of the following services.
1.
					 Hemodialysis-a method of dialysis in which blood from a patient's body is
					 circulated through an external device or machine and then returned to the
					 patient's bloodstream.
2.
					 Peritoneal Dialysis-a procedure that introduces dialysate into the abdominal
					 cavity to remove waste products through the peritoneum (a membrane which
					 surrounds the intestines and other organs in the abdominal cavity).
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 84 - End Stage Renal Disease Treatment Facilities › Subchapter D - Patient Care › Section I-8459 - Treatment Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Admission
1. Each facility shall develop and
					 implement written criteria to apply when any patient is referred for dialysis
					 treatment or seeks admission, to include:
a.
					 payment guidelines, and alternate resources;
b. exceptions to apply when the patient would
					 have to travel great distances, or suffer undue hardship to be treated at
					 another facility; and
c.
					 consideration of the patient's health and welfare.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 84 - End Stage Renal Disease Treatment Facilities › Subchapter D - Patient Care › Section I-8461 - Patient Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. The facility
					 is required to maintain a clinical record according to current professional
					 standards for each patient.
1. This record
					 shall:
a. contain all pertinent past and
					 current medical, psychological, social and other therapeutic information,
					 including the treatment plan;
b. be
					 protected from unauthorized persons, loss, and destruction; and
c. be a central location for all pertinent
					 patient information and be easily accessible to staff providing care.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter A - General Provisions › Section I-8501 - Introduction

Current through Register Vol. 50, No. 6, June 20, 2024
A. These rules and
					 regulations contain the minimum licensure standards for intermediate care
					 facilities for persons with developmental disabilities (ICF/DD), pursuant to
					 R.S.
					 40:2180 et seq.
B. Standards are established to ensure
					 minimum compliance under the law, equity among those served, provision of
					 authorized services, and proper disbursement. It is the ICF/DD facility's
					 responsibility to keep these standards current. The standards are the basis for
					 surveys by the state agency, and are necessary for the ICF/DD to remain in
					 compliance with state regulations for licensure.
C. Monitoring of an ICF/DD's compliance with
					 state regulations is the responsibility of Department of Health and Hospitals,
					 Health Standards Section (HSS).
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						36:254 and R.S.
						40:2180-2180.5.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter A - General Provisions › Section I-8505 - Licensing Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
					 ICF/DD providers shall be licensed by the Department of Health and Hospitals.
					 An ICF/DD shall not be established, opened, operated, managed, maintained, or
					 conducted in the state without a license issued by DHH. Each ICF/DD shall be
					 separately licensed.
B. DHH is the
					 only licensing authority for ICF/DD providers in the state of Louisiana. It
					 shall be unlawful to operate an ICF/DD provider without possessing a current,
					 valid license issued by the department.
C. Each ICF/DD license shall:
1. be issued only to the person or entity
					 named in the license application;
2. be valid only for the ICF/DD provider to
					 which it is issued, and only for the specific geographic address of that
					 provider;
3. be valid for one year
					 from the date of issuance, unless revoked, suspended, modified, or terminated
					 prior to that date, or unless a provisional license is issued;
4. expire the last day of the twelfth month
					 after the date of issuance, unless timely renewed by the ICF/DD
					 provider;
5. not be subject to
					 sale, assignment, donation, or other transfer, whether voluntary or
					 involuntary;
6. be posted in a
					 conspicuous place on the licensed premises at all times; and
7. specify the maximum number of individuals
					 which may be served by the ICF/DD facility.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter A - General Provisions › Section I-8507 - Initial Licensing Application Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. An application packet for licensing as an
					 ICF/DD must be obtained from the department. A completed initial license
					 application packet for the ICF/DD must be submitted to and approved by the
					 department prior to an applicant providing services.
B. An initial applicant must submit a
					 completed licensing packet to DHH, which shall include:
1. a completed ICF/DD licensure application
					 and the non-refundable licensing fee as established by statue;
2. a completed disclosure of ownership and
					 control information form;
3. a copy
					 of a statewide criminal background check, including sex offender registry
					 status, on all owners and administrators;
4. a copy of the approval letter of the
					 architectural facility plans from the Office of the State Fire Marshal and any
					 other office/entity designated by the department to review and approve the
					 facilities architectural plans, if the facility must go through plan
					 review;
5. a copy of the on-site
					 inspection report with approval for occupancy from the Office of the State Fire
					 Marshal;
6. a copy of the health
					 inspection report with approval of occupancy from the Office of Public
					 Health;
7. zoning approval from
					 local governmental authorities; and
8. 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 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter A - General Provisions › Section I-8513 - Changes in Licensee Information or Personnel

Current through Register Vol. 50, No. 6, June 20, 2024
A. An ICF/DD license shall be valid only for
					 the person or entity named in the license application and only for the specific
					 geographic address listed on the license application.
B. Any changes regarding the ICF/DD's
					 facility name, "doing business as" name, mailing address, phone number, or any
					 combination thereof, shall be reported in writing to the department within five
					 days of the change.
C. Any change
					 regarding the provider's key administrative personnel shall be reported in
					 writing to DHH within five days of the change.
1. Key administrative personnel include the:
a. administrator.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter A - General Provisions › Section I-8515 - Renewal of License

Current through Register Vol. 50, No. 6, June 20, 2024
A. License
					 Renewal Application. The ICF/DD provider 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. a copy of the
					 current on-site inspection with approval for occupancy from the Office of the
					 State Fire Marshal;
3. a copy of
					 the current on-site inspection report with approval of occupancy from the
					 Office of Public Health;
4. the
					 non-refundable license renewal fee; and
5. 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 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter A - General Provisions › Section I-8517 - Survey Activities

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 department may conduct annual licensing surveys and other surveys as deemed
					 necessary to ensure compliance with all laws, rules, and regulations governing
					 ICF/DD providers and to ensure client health, safety and welfare. These surveys
					 may be conducted on-site or as an administrative review.
B. The department shall conduct complaint
					 surveys. Complaint surveys shall be conducted in accordance with
					 R.S.
					 40:2009.13 et seq.
C. Surveys shall be unannounced
					 surveys.
D. The department may
					 require an acceptable plan of correction from a provider for any survey where
					 deficiencies have been cited, regardless of whether the department takes other
					 action against the facility for the deficiencies cited in the survey. The
					 acceptable plan of correction shall be approved by DHH.
E. A follow-up survey may be conducted for a
					 survey where deficiencies have been cited to ensure correction of the deficient
					 practices.
F. The department may
					 issue appropriate sanctions for noncompliance, deficiencies, and violations of
					 law, rules and regulations. Sanctions include, but are not limited to:
1. civil monetary penalties;
2. directed plans of correction;
					 and
3. license
					 revocation.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter A - General Provisions › Section I-8519 - Statement of Deficiencies

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 following statements of deficiencies issued by the department to the ICF/DD
					 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 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter A - General Provisions › Section I-8521 - Denial of License, Revocation of License, or 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
					 Procedure 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 ICF/DD facility is non-compliant with any licensing laws or regulations or
					 with any other required statute, laws, ordinances, Rules or regulations that
					 present a potential threat to the health, safety, or welfare of the individuals
					 receiving services.
2. The
					 department shall deny an initial license for any of the reasons a license may
					 be revoked or non-renewed pursuant to these licensing regulations.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter A - General Provisions › Section I-8523 - Notice and Appeal of License Denial, Revocation or Non-Renewal

Current through Register Vol. 50, No. 6, June 20, 2024
A. Notice of a
					 license denial, license revocation, or license non-renewal (i.e. denial of
					 license renewal) shall be given to the provider in writing.
B. The ICF/DD has the right to an informal
					 reconsideration of the license denial, license revocation, or license
					 non-renewal. There is no right to an informal reconsideration of a voluntary
					 non-renewal or surrender of a license by the provider.
1. The ICF/DD provider shall request the
					 informal reconsideration within 15 calendar days of the receipt of the notice
					 of the license denial, license revocation, or license non-renewal. The request
					 for informal reconsideration shall be in writing and shall be forwarded to the
					 department's Health Standards Section. The request for informal reconsideration
					 shall be considered timely if received by DHH Health Standards within 15 days
					 from the provider's receipt of the notice.
2. The request for informal reconsideration
					 shall include any documentation that demonstrates that the determination was
					 made in error.
3. If a timely
					 request for an informal reconsideration is received by the Health Standards
					 Section, an informal reconsideration shall be scheduled and the provider will
					 receive written notification of the date of the informal
					 reconsideration.
4. The provider
					 shall have the right to appear in person at the informal reconsideration and
					 may be represented by counsel.
5.
					 Correction of a violation of a deficiency which is the basis for the denial,
					 revocation or non-renewal, shall not be a basis for reconsideration.
6. The informal reconsideration process is
					 not in lieu of the administrative appeals process.
7. The provider will be notified in writing
					 of the results of the informal reconsideration.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter A - General Provisions › Section I-8525 - Cessation of Business

Current through Register Vol. 50, No. 6, June 20, 2024
A. An ICF/DD
					 that intends to close or cease operations shall comply with the following
					 procedures:
1. shall give 30 days advance
					 written notice to the following:
a. the
					 department; and
b. the parent(s) or
					 legal guardian or legal representative;
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter B - Administration and Organization › Section I-8531 - Governing Body

Current through Register Vol. 50, No. 6, June 20, 2024
A. An ICF/DD shall
					 have an owner or identifiable governing body with responsibility for, and
					 authority over, the policies and activities of the ICF/DD and ultimate
					 authority for:
1. the overall operation of
					 the facility;
2. the adequacy and
					 quality of care;
3. the financial
					 solvency of the facility and the appropriate use of its funds;
4. the implementation of the standards set
					 forth in these regulations; and
5.
					 the adoption, implementation, and maintenance, in accordance with the
					 requirements of state and federal laws and regulations and these licensing
					 standards, of ICFs/DD and administrative policies governing the operation of
					 the facility.