reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4955 - Transportation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The provider
				  must ensure that any vehicle used by the agency staff to transport consumers
				  must be properly maintained, inspected, and licensed according to state laws
				  and carries a sufficient amount of liability insurance.
B. Any staff member using a vehicle to
				  transport consumers must be properly licensed to operate that vehicle according
				  to state laws.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 28:380-451.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4957 - External Professional Service

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				  provider shall, when necessary, give assistance to clients in obtaining any
				  required professional services not available from employees of the provider
				  facility.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 28:380-451.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4959 - Staff Plan and Staff Coverage

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				  provider must have a written plan for recruitment, screening orientation,
				  ongoing training, development and supervision and performance evaluation of
				  staff members.
B. Sufficient
				  staffing must be provided to ensure a safe environment and adequacy of
				  programming with consideration given to the geography of the setting, the
				  number and needs of individuals served, the intensity of services needed. Staff
				  coverage must be documented.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 28:380-451.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4961 - Nondiscrimination

Current through Register Vol. 50, No. 6, June 20, 2024
A. A provider must
				  have a written policy to prevent discrimination and must comply with all state
				  and federal employment practices, laws.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 28:380-451.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4963 - Recruitment

Current through Register Vol. 50, No. 6, June 20, 2024
A. A provider must
				  actively recruit and, whenever possible, employ qualified persons of both sexes
				  representative of the cultural and racial groups served by the provider. This
				  must include the hiring of qualified persons with disabilities.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 28:380-451.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4965 - Screening

Current through Register Vol. 50, No. 6, June 20, 2024
A. A provider shall
				  have at least three written personal and/or prior work references for each
				  employee or telephone notes from contact with said references.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 28:380-451.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4967 - Orientation

Current through Register Vol. 50, No. 6, June 20, 2024
A. A provider's
				  orientation shall provide at least 16 hours of training for all direct care
				  staff within one week of the date of employment.
1. All new employees working directly with
				  clients shall receive orientation training on the provider's emergency and
				  safety procedures and the requirements of state law and facility policy
				  concerning client abuse. This training shall occur on or prior to the first day
				  of employment and the staff member shall sign a statement of understanding
				  certifying that such training has occurred.
2. A new employee shall not be given sole
				  responsibility for the implementation of a client's program plan until this
				  training is completed.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4969 - Training

Current through Register Vol. 50, No. 6, June 20, 2024
A. A provider shall
				  ensure that each direct service worker completes at least 40 hours of training
				  per year. Orientation and normal supervision shall not be considered for
				  meeting this requirement.
B.
				  Employee training shall be documented.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 28:380-451.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4971 - Program Evaluation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  provider must develop and implement a continuous Quality Improvement Plan that
				  is designed to objectively assess and improve the quality of services for
				  consumers which includes the following components:
1. the capability to identify, assess, and
				  correct problems, a time line for correction of deficiency and follow-up on the
				  results of corrective action;
2.
				  procedures to allow immediate response to identified problems.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4973 - Personnel Practices

Current through Register Vol. 50, No. 6, June 20, 2024
A. The provider
				  must have written employment and personnel policies which include:
1. job descriptions for all positions,
				  including volunteers and students, that specify duties, qualifications, and
				  competencies;
2. a description of
				  hiring practices, which includes a policy against discrimination based on race,
				  color, religion, sex, age, national origin, handicap, political beliefs,
				  disabled veteran, veteran status or any other nonmerit factor; and
3. a description of procedures for: employee
				  evaluation, promotion, disciplinary action, termination, and hearing of
				  employee grievances.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4975 - Abuse Reporting

Current through Register Vol. 50, No. 6, June 20, 2024
A. A provider
				  must have abuse reporting procedures which require all employees to report any
				  incidents of abuse or mistreatment be that abuse or mistreatment is done by
				  another staff member or professional, family member, the consumer, or any other
				  person.
B. There must be written
				  policies and procedures regarding abuse and neglect as defined by state and
				  federal law.
1. The requirement that such
				  action, as defined, must be strictly prohibited
2. Reporting Procedures
a. Every agency employee, consultant or
				  contractor who witnesses, learns of, is informed of, or otherwise has reason to
				  suspect that an incident of abuse or neglect has occurred must report such
				  incident in accordance with state Child Protection laws and Adult Protection
				  laws and fully cooperate with the investigation of the incident.
b. Proper authorities in the agency,
				  community, and state must be identified.
c. Every employee must be informed of his or
				  her reporting responsibilities and trained in the procedures for
				  reporting.
3. Any
				  allegations of abuse and neglect by agency personnel must be investigated
				  internally.
a. Individuals under
				  investigation must not be part of the investigation.
b. The Agency takes appropriate disciplinary
				  action in the case of validated abuse.
c. The results of such investigations must be
				  reviewed at an appropriate higher level and reported to the governing
				  body.
d. Appropriate measures must
				  be taken to assure that the individual is protected from further
				  abuse.
4. Every
				  employee, consultant, and contractor must be given a written copy of the
				  agency's policies and procedures on consumer abuse and neglect.
a. Documentation of policy review by each
				  employee must be maintained in the employee's personnel file.
b. Policies and procedures must be made
				  available to others upon request.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4979 - Self-Advocacy

Current through Register Vol. 50, No. 6, June 20, 2024
A. A provider must
				  make every effort to ensure that a consumer understands his/her rights in
				  matters such as access to services, appeal, grievances, and protection from
				  abuse.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 28:380-451.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4981 - Advocacy

Current through Register Vol. 50, No. 6, June 20, 2024
A. A provider must
				  ensure that an advocate is provided to the consumer whenever the consumer
				  rights or desires may be in conflict or jeopardy with the provider.
AUTHORITY NOTE:
					 Promulgated in accordance with R. S.
					 28:380-451.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4983 - Grievance Procedures for C onsumers

Current through Register Vol. 50, No. 6, June 20, 2024
A. A provider must have a written grievance
				  procedure for consumers designed to allow consumers to make complaints without
				  fear of retaliation.
B. Grievances
				  must be periodically reviewed by the governing body in an effort to promote
				  improvement in these areas.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 28:380-451.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter A - General Provisions › Section I-5001 - Introduction

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pursuant to
					 R.S.
					 40:2120.2, the Department of Health (LDH) has
					 established the minimum licensing standards for home and community-based
					 services (HCBS) providers. These licensing provisions contain the core
					 requirements for HCBS providers as well as the module-specific requirements,
					 depending upon the services rendered by the HCBS provider. These regulations
					 are separate and apart from Medicaid standards of participation or any other
					 requirements established by the Medicaid Program for reimbursement
					 purposes.
B. Any person or entity
					 applying for an HCBS provider license or who is operating as a provider of home
					 and community-based services shall meet all of the core licensing requirements
					 contained in this Chapter, as well as the module-specific requirements, unless
					 otherwise specifically noted within these provisions.
C. Providers of the following services shall
					 be licensed under the HCBS license:
1. adult
					 day care (ADC);
2. family
					 support;
3. personal care attendant
					 (PCA);
4. respite;
5. substitute family care (SFC);
6. supervised independent living (SIL),
					 including the shared living conversion services in a waiver home;
7. supported employment; and
8. monitored in-home caregiving
					 (MIHC).
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter A - General Provisions › Section I-5005 - Licensure Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. All HCBS
					 provider's shall be licensed by the Department of Health. It shall be unlawful
					 to operate as a home and community-based service provider without a license
					 issued by the department. LDH is the only licensing authority for HCBS
					 provider's in Louisiana.
B. An HCBS
					 license shall:
1. be issued only to the
					 person or entity named in the license application;
2. be valid only for the HCBS provider to
					 which it is issued and only for the specific geographic address of that
					 provider, including any sub-license;
3. designate which home and community-based
					 services the provider can provide;
4. enable the provider to render delineated
					 home and community-based services within an LDH region;
5. 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;
6. expire on the last day of the twelfth
					 month after the date of issuance, unless timely renewed by the HCBS
					 provider;
7. not be subject to
					 sale, assignment, donation or other transfer, whether voluntary or involuntary;
					 and
8. 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 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter A - General Provisions › Section I-5009 - Initial Licensing Surveys

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Prior to the initial license being issued, an initial on-site licensing survey
					 shall be conducted to ensure compliance with the licensing laws and
					 standards.
B. In the event that the
					 initial licensing survey finds that the HCBS provider is compliant with all
					 licensing laws, regulations and other required statutes, laws, ordinances,
					 rules, regulations, and fees, the department shall issue a full license to the
					 provider. The license shall be valid until the expiration date shown on the
					 license, unless the license is modified, revoked, suspended or
					 terminated.
C. In the event that
					 the initial licensing survey finds that the HCBS provider is noncompliant with
					 any licensing laws or regulations, or any other required rules or regulations
					 that present a potential threat to the health, safety, or welfare of the
					 clients, the department shall deny the initial license.
D. In the event that the initial licensing
					 survey finds that the HCBS provider is noncompliant with any licensing laws or
					 regulations, or any other required rules or regulations, but the department in
					 its sole discretion determines that the noncompliance does not present a threat
					 to the health, safety or welfare of the clients, the department may issue a
					 provisional initial license for a period not to exceed six months. The provider
					 shall submit a plan of correction to the department for approval, and the
					 provider shall be required to correct all such noncompliance or deficiencies
					 prior to the expiration of the provisional license.
1. If all such noncompliance or deficiencies
					 are corrected on the follow-up survey, a full license will be issued.
2. If all such noncompliance or deficiencies
					 are not corrected on the follow-up survey, or new deficiencies affecting the
					 health, safety or welfare of a client are cited, the provisional license will
					 expire and the provider shall be required to begin the initial licensing
					 process again by submitting a new initial license application packet and the
					 appropriate licensing fee.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter A - General Provisions › Section I-5011 - Types of Licenses and Expiration Dates

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department shall have the authority to
					 issue the following types of licenses:
1.
					 Full Initial License. The department shall issue a full license to the HCBS
					 provider when the initial licensing survey finds that the provider is compliant
					 with all licensing laws and regulations, and is compliant with all other
					 required statutes, laws, ordinances, rules, regulations, and fees. The license
					 shall be valid until the expiration date shown on the license, unless the
					 license is modified, revoked, suspended, or terminated.
2. Provisional Initial License. The
					 department may issue a provisional initial license to the HCBS provider when
					 the initial licensing survey finds that the HCBS provider is noncompliant with
					 any licensing laws or regulations or any other required statutes, laws,
					 ordinances, rules, regulations or fees, but the department determines that the
					 noncompliance does not present a threat to the health, safety or welfare of the
					 clients.
3. Full Renewal License.
					 The department may issue a full renewal license to an existing licensed HCBS
					 provider who is in substantial compliance with all applicable federal, state,
					 departmental, and local statutes, laws, ordinances, rules, regulations and
					 fees. The license shall be valid until the expiration date shown on the
					 license, unless the license is modified, revoked, suspended, or
					 terminated.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter A - General Provisions › Section I-5012 - Change in License by Addition or Deletion of a Service Module or Modules from the HCBS License

Current through Register Vol. 50, No. 6, June 20, 2024
A. Addition of
					 a Service Module or Modules to existing HCBS License
1. An HCBS provider with an active HCBS
					 license, current and in good standing, may submit a request to add a service
					 module or modules. The following information shall be submitted for
					 consideration of this request:
a. a completed
					 HCBS license application which has "Add a Service" clearly marked;
b. a facility need review approval letter, if
					 seeking to add the PCA, SIL, MIHC, or respite service modules; and
c. applicable fee for issuance of the new
					 HCBS license.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter A - General Provisions › Section I-5013 - Changes in Licensee Information, Location, or Key Personnel

Current through Register Vol. 50, No. 6, June 20, 2024
A. An HCBS 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 change
					 regarding the HCBS provider's entity name, "doing business as" name, mailing
					 address, telephone number or any combination thereof, shall be reported in
					 writing to the Health Standards Section within five working days of the
					 change.
C. Any change regarding the
					 HCBS provider's key administrative personnel shall be reported in writing to
					 the Health Standards Section within 10 working days subsequent to the change.
1. Key administrative personnel include the:
a. administrator;
b. director of nursing, if applicable;
					 and
c. medical director, if
					 applicable.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter A - General Provisions › Section I-5014 - Change of Ownership of an HCBS Provider

Current through Register Vol. 50, No. 6, June 20, 2024
A. The license of an HCBS provider is not
					 transferable or assignable and cannot be sold.
B. A change of ownership (CHOW) of the HCBS
					 provider shall not be submitted at time of the annual renewal of the provider's
					 license.
C. Before an initial
					 license can be issued to the new owner, all licensing application requirements
					 shall be:
1. completed by the applicant in
					 accordance with the provisions of §5007; and
2. submitted to the department for
					 approval.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter A - General Provisions › Section I-5015 - Renewal of License

Current through Register Vol. 50, No. 6, June 20, 2024
A. The HCBS
					 provider shall submit a completed license renewal application packet to the
					 department at least 30 days prior to the expiration of the current license. The
					 license renewal application packet shall include:
1. the license renewal application;
2. the days and hours of operation;
3. a current State Fire Marshal report for
					 the adult day care module and the center-based respite module;
4. a current Office of Public Health
					 inspection report for the adult day care module and the center-based respite
					 module;
5. the non-refundable
					 license renewal fee;
6. any other
					 documentation required by the department; and
7. proof of financial viability, comprised of
					 the following:
a. a line of credit issued from
					 a federally insured, licensed lending institution in the amount of at least
					 $50,000 that is current at the time of the application for license renewal and
					 is issued to/in the name of the applicant at the geographic location shown on
					 the application for license renewal;
b. general and professional liability
					 insurance of at least $300,000 that is current and in effect at the time of
					 application for license renewal and has been maintained and in effect
					 throughout the term of the license; and
c. workers compensation insurance that is
					 current and in effect at the time of application for license renewal and has
					 been maintained and in effect throughout the term of the license.
NOTE: The LDH Health Standards Section shall specifically
						be identified as the certificate holder on these policies pursuant to
						§5015. A.7 a-c and any certificates of insurance issued as proof of
						insurance by the insurer or producer (agent). The policy shall have a
						cancellation/change statement requiring notification of the certificate holder
						30 days prior to any cancellation or change of coverage.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter A - General Provisions › Section I-5016 - Deemed Status through Accreditation

Current through Register Vol. 50, No. 6, June 20, 2024
A. An HCBS provider may request deemed status
					 from the department. The department may accept accreditation in lieu of a
					 routine on-site resurvey provided that:
1.
					 the accreditation is obtained through an organization approved by the
					 department;
2. all services
					 provided under the HCBS license shall be accredited; and
3. the provider forwards the accrediting
					 body's findings to the Health Standards Section within 30 days of its
					 accreditation.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter A - General Provisions › Section I-5017 - Survey Activities

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 department, or its designee, may conduct periodic licensing surveys and other
					 surveys as deemed necessary to ensure compliance with all laws, rules and
					 regulations governing HCBS providers and to ensure client health, safety and
					 welfare. These surveys may be conducted on-site or by administrative review and
					 shall be unannounced.
B. The
					 department shall also conduct complaint surveys. The complaint surveys shall be
					 conducted in accordance with
					 R.S.
					 40:2009.13 et seq.
C. The department shall 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 submitted within the prescribed timeframe to the department
					 for approval.
D. A follow-up survey
					 may be conducted for any survey where deficiencies have been cited to ensure
					 correction of the deficient practices.
E. 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 fines;
2. directed plans of correction;
3. license revocation; and/or
4. denial of license renewal.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter A - General Provisions › Section I-5019 - 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 HCBS
					 provider 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 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter A - General Provisions › Section I-5021 - Denial of Initial Licensure, 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 an initial license or a license renewal,
					 or may revoke a license in accordance with the provisions of the Administrative
					 Procedure Act. These actions may be taken against the entire license or certain
					 modules of the license.
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 HCBS provider is noncompliant with any licensing laws or regulations,
					 or any other required statutes or regulations that present a potential threat
					 to the health, safety or welfare of the clients.
2. The department may deny an initial license
					 for any of the reasons a license may be revoked or denied renewal pursuant to
					 these licensing provisions.
3. If
					 the department denies an initial license, the applicant for an HCBS provider
					 license shall discharge the client(s) receiving services.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter A - General Provisions › Section I-5023 - Notice and Appeal of Initial License Denial, License Revocation and Denial of License Renewal

Current through Register Vol. 50, No. 6, June 20, 2024
A. Notice of an
					 initial license denial, license revocation or denial of license renewal shall
					 be given to the provider in writing.
B. The HCBS provider has a right to an
					 administrative reconsideration of the initial license denial, license
					 revocation or denial of license renewal. There is no right to an administrative
					 reconsideration of a voluntary non-renewal or surrender of a license by the
					 provider.
1. The HCBS provider shall request
					 the administrative reconsideration within 15 calendar days of the receipt of
					 the notice of the initial license denial, license revocation or denial of
					 license renewal. The request for administrative reconsideration shall be in
					 writing and shall be forwarded to the department's Health Standards Section.
					 The request for administrative reconsideration shall be considered timely if
					 received by the Health Standards Section within 15 days from the provider's
					 receipt of the notice.
2. The
					 request for administrative reconsideration shall include any documentation that
					 demonstrates that the determination was made in error.
3. If a timely request for an administrative
					 reconsideration is received by HSS, an administrative reconsideration shall be
					 scheduled and the provider will receive written notification of the date of the
					 administrative reconsideration.
4.
					 The provider shall have the right to appear in person at the administrative
					 reconsideration and may be represented by counsel.
5. Correction of a violation or deficiency
					 which is the basis for the initial license denial, revocation or denial of
					 license renewal shall not be a basis for reconsideration.
6. The administrative reconsideration process
					 is not in lieu of the administrative appeals process.
7. The provider will be notified in writing
					 of the results of the administrative reconsideration.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter A - General Provisions › Section I-5024 - Inactivation of License due to a Declared Disaster or Emergency

Current through Register Vol. 50, No. 6, June 20, 2024
A. An HCBS provider
					 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 provider shall submit
					 written notification to the Health Standards Section within 60 days of the date
					 of the executive order or proclamation of emergency or disaster that:
a. the HCBS provider 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 HCBS provider intends to
					 resume operation as an HCBS provider in the same service area;
c. includes an attestation that the emergency
					 or disaster is the sole casual factor in the interruption of the provision of
					 services;
d. includes an
					 attestation that all client's have been properly discharged or transferred to
					 another provider; and
e. provides a
					 list of each client and where that client is discharged or transferred
					 to;
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter A - General Provisions › Section I-5025 - Inactivation of License due to a Non-Declared Disaster or Emergency

Current through Register Vol. 50, No. 6, June 20, 2024
A. A licensed HCBS
					 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 HCBS
					 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 HCBS 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 HCBS intends to resume
					 operation as an HCBS provider in the same service area;
c. the licensed HCBS attests that the
					 emergency or disaster is the sole causal factor in the interruption of the
					 provision of services; and
d. the
					 licensed HCBSs 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.
e.
					 Repealed.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter A - General Provisions › Section I-5026 - Cessation of Business

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as
					 provided in §5024 and
					 §5025 of these
					 licensing regulations, a license shall be immediately null and void if an HCBS
					 provider becomes non-operational.
B. A cessation of business is deemed to be
					 effective the date on which the HCBS provider ceased offering or providing
					 services to the community and/or is considered non-operational in accordance
					 with §5005. E.1 b
C. Upon the
					 cessation of business, the HCBS provider 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
					 provider. The HCBS provider 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 HCBS provider shall:
1. give 30 day's advance written notice to:
a. each client or client's legal
					 representative, if applicable;
b.
					 each client's physician;
c.
					 HSS;
d. OCDD;
e. OAAS;
f. support coordination agency for waiver
					 participants;
g. state contractor
					 for state plan LT-PCS services;
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter B - Administration and Organization › Section I-5027 - Governing Body

Current through Register Vol. 50, No. 6, June 20, 2024
A. An HCBS provider
					 shall have an identifiable governing body with responsibility for and authority
					 over the policies and activities of the program/agency.
1. A provider shall have documents
					 identifying all members of the governing body, their addresses, their terms of
					 membership, officers of the governing body and terms of office of any
					 officers.
2. The governing body
					 shall be comprised of three or more persons and shall hold formal meetings at
					 least twice a year.
3. There shall
					 be written minutes of all formal meetings of the governing body and by-laws
					 specifying frequency of meetings and quorum requirements.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter B - Administration and Organization › Section I-5029 - Policy and Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. The HCBS
					 provider shall develop, implement and comply with provider-specific written
					 policies and procedures related to compliance with this Chapter, including, but
					 not limited to policies and procedures that:
1. conform to the department's rules and
					 regulations;
2. meet the needs of
					 the clients as identified and addressed in the ISP;
3. provide for the protection of client's
					 rights; and
4. promote the highest
					 practicable social, physical and mental well-being of client's.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter B - Administration and Organization › Section I-5031 - Business Location

Current through Register Vol. 50, No. 6, June 20, 2024
A. All HCBS
					 provider's shall have a business location in the LDH region for which the
					 license is issued. The business location shall be a part of the physical
					 geographic licensed location and shall be where the provider:
1. maintains staff to perform administrative
					 functions;
2. maintains and stores
					 the provider's personnel records;
3. maintains and stores the provider's client
					 service records;
4. holds itself
					 out to the public as being a location for receipt of client referrals;
					 and
5. after initial licensure,
					 consistently provides services to at least two client's.
EXCEPTION: Adult Day Care shall have 10 or more client's
						pursuant to
						R.S.
						40:2120.2(4)(e).
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter B - Administration and Organization › Section I-5032 - Branch Offices and Satellites of HCBS provider's

Current through Register Vol. 50, No. 6, June 20, 2024
A. HCBS provider's with branch offices or
					 satellite locations shall meet the following.
1. No branch office or satellite location may
					 be opened without prior written approval from HSS. In order for a branch office
					 or satellite location to be approved, the parent agency shall have maintained a
					 full licensure for the previous 12-month period.
a. The number of any new branch or satellite
					 locations for any provider within a geographic location may be limited at the
					 discretion of HSS.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter C - Admission, Transfer and Discharge Criteria › Section I-5033 - Admissions

Current through Register Vol. 50, No. 6, June 20, 2024
A. An HCBS provider
					 shall have written admissions policies and criteria which shall include the
					 following:
1. intake policy and
					 procedures;
2. admission criteria
					 and procedures;
3. admission
					 criteria and procedures for minors;
4. legal status of the client's served;
5. the age of the populations
					 served;
6. the services provided by
					 the provider's program(s); and
7.
					 criteria for discharge.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter C - Admission, Transfer and Discharge Criteria › Section I-5035 - Voluntary Transfers and Discharges

Current through Register Vol. 50, No. 6, June 20, 2024
A. A client has the right to choose a
					 provider. This right includes the right to be discharged from his current
					 provider, be transferred to another provider and to discontinue all
					 services.
B. Upon notice by the
					 client or authorized representative that the client has selected another
					 provider or has decided to discontinue services or moves from the geographic
					 region serviced by the provider, the HCBS provider shall have the
					 responsibility of planning for a client's voluntary transfer or
					 discharge.
C. The transfer or
					 discharge responsibilities of the HCBS provider shall include:
1. holding a transfer or discharge planning
					 conference with the client, family, support coordinator, legal representative
					 and advocate, if such are applicable, in order to facilitate an orderly
					 transfer or discharge, unless the client or authorized representative declines
					 such a meeting;
2. providing a
					 current individual service plan (ISP). Upon written request and authorization
					 by the client or authorized representative, a copy of the current ISP shall be
					 provided to the client or receiving provider; and
3. preparing a written discharge summary. The
					 discharge summary shall include, at a minimum, a summary on the health,
					 developmental issues, behavioral issues, social issues, and nutritional status
					 of the client. Upon written request and authorization by the client or
					 authorized representative, a copy of the discharge summary shall be disclosed
					 to the client or receiving provider.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter C - Admission, Transfer and Discharge Criteria › Section I-5037 - Involuntary Transfers and Discharges

Current through Register Vol. 50, No. 6, June 20, 2024
A. An HCBS provider shall not transfer or
					 discharge the client from the provider except under the following
					 circumstances. These situations will be considered involuntary transfers or
					 discharges.
1. The client's health has
					 improved sufficiently so that the client no longer requires the services
					 rendered by the provider.
2. The
					 safety or health of a client(s) or provider staff is endangered.
3. The client has failed to pay any past due
					 amounts for services received from the provider for which he/she is liable
					 within 15 day's after receipt of written notice from the provider.
4. The provider ceases to operate.
5. The client or family refuses to cooperate
					 or interferes with attaining the care objectives of the HCBS
					 provider.
6. The HCBS provider
					 closes a particular module so that certain services are no longer
					 provided.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter C - Admission, Transfer and Discharge Criteria › Section I-5038 - Provisions for Services to Clients Outside of Licensed Geographic Area in Event of a Gubernatorial Declared State of Emergency or Disaster

Current through Register Vol. 50, No. 6, June 20, 2024
A. To ensure the
					 health and safety of clients, and the coordination and continuation of services
					 to clients, during a gubernatorial declared state of emergency or disaster in
					 Louisiana, the department, through written notice sent electronically to
					 licensed HCBS providers, may allow a licensed HCBS provider to operate and
					 provide services to existing clients who are receiving personal care services
					 and respite services and who have evacuated or temporarily relocated to another
					 location in the state when the following apply:
1. the client has evacuated or temporarily
					 relocated to a location outside of the providers licensed region due to the
					 declared state of emergency or disaster;
2. the client shall have been a client of the
					 HCBS provider as of the date of the declared emergency or disaster, with an
					 approved plan of care;
3. the
					 clients existing caregiver(s) go with the client or provide services to the
					 client at the clients temporary location;
4. the provider is responsible for ensuring
					 that all essential care and services, in accordance with the plan of care, are
					 provided to the client, and the provider shall have sufficient staff and
					 back-up caregivers available to provide services; and
5. the provider shall not interfere with the
					 clients right to choose a provider of his/her choice if the client elects a new
					 HCBS provider in the area where the client relocates. The provider shall
					 facilitate clients selection.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 50 - Home and Community-Based Services Providers Licensing Standards › Subchapter D - Service Delivery › Section I-5041 - Individual Service Plan

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon
					 admission and prior to the initiation of care and services, an individual
					 service plan shall be person centered and developed for each client, based upon
					 a comprehensive assessment.
B. The
					 client shall participate in the planning process. If the client is unable to
					 participate in all or part of the planning, the provider shall document the
					 parts or times and reasons why the client did not participate.
C. The agency shall document that they
					 consulted with the client or legal representative regarding who should be
					 involved in the planning process.
D. The agency shall document who attends the
					 planning meeting.
E. The provider
					 shall ensure that the ISP and any subsequent revisions are explained to the
					 client receiving services and, where appropriate, the legal representative, in
					 language that is understandable to them.
F. The ISP shall include the following
					 components:
1. the findings of the
					 comprehensive assessment;
2. a
					 statement of goals to be achieved or worked towards for the person receiving
					 services and their family or legal representative;
3. daily activities and specialized services
					 that will be provided directly or arranged for;
4. target dates for completion or
					 re-evaluation of the stated goals;
5. identification of all persons responsible
					 for implementing or coordinating implementation of the plan; and
6. documentation of all setting options for
					 services, including non-disability specific settings, which the provider
					 offered to the client, including residential settings.