Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter B - Administration and Organization › Section I-6832 - 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. A
					 licensed ARCP shall comply with any federal law, regulation, requirement,
					 order, or guideline regarding visitation in ARCPs issued by any federal
					 government agency during a declared PHE. The provisions of the licensing rules
					 in §6832 B-E shall be preempted by any federal statute, regulation,
					 requirement, order or guideline from a federal government agency that requires
					 an ARCP to restrict resident visitation in a manner that is more restrictive
					 than the rules.
B. ARCPs shall
					 comply with any Louisiana SHO order or emergency notice regarding visitation in
					 ARCPs during a declared PHE.
C.
					 ARCPs shall comply with any executive order or proclamation issued by the
					 governor of the state of Louisiana regarding visitation in an ARCP during a
					 declared PHE.
D. The provisions of
					 this Section regarding visitation by immediate family members of the resident
					 and other designated persons shall apply to all ARCPs licensed by the
					 Department of Health.
E. Subject to
					 the requirements of §6832 A-C, each ARCP shall allow immediate family
					 members and other designated persons to visit a resident of the ARCP during a
					 declared PHE when a resident, or his legal or designated representative,
					 requests a visit with immediate family members and other designated persons,
					 subject to the following conditions and requirements:
1. Each ARCP shall have a written policy and
					 procedure addressing visitation by immediate family members and other
					 designated persons. A copy of the written policy and procedure shall be
					 available, without cost, to the resident and his legal or designated
					 representative, upon request. The ARCP shall provide a link to an electronic
					 copy of the policy and procedure to immediate family members and other
					 designated persons, upon request.
2. An ARCP's policy and procedure regarding
					 visitation by immediate family members and other designated persons may adopt
					 reasonable time, place, and manner restrictions, provided that such
					 restrictions are implemented by the ARCP, in consultation with appropriate
					 medical personnel, for the purpose of mitigating the possibility of
					 transmission of any infectious agent or infectious disease or for the purpose
					 of addressing the medical condition or clinical considerations of an individual
					 resident.
3. An ARCP's policy and
					 procedure on visitation by immediate family members and other designated
					 persons, at a minimum, requires the following:
a. that the ARCP shall give special
					 consideration and priority for visitation by immediate family members and other
					 designated persons to residents receiving end-of-life care;
b. that visitation by immediate family
					 members of the residents and other designated persons may be screened for
					 infectious agents or infectious diseases, utilizing at least the current
					 screening or testing methods and protocols recommended by the CDC, as
					 applicable; if there is a current Louisiana SHO order or emergency notice that
					 requires more rigorous screening or testing methods and protocols, then the
					 ARCP shall utilize those methods and protocols;
c. that an immediate family member or other
					 designated person may not be allowed to visit an ARCP resident if such
					 immediate family member or other designated person has obvious signs or
					 symptoms of an infectious agent or infectious disease, or if such immediate
					 family member or other designated person tests positive for an infectious agent
					 or infectious disease;
d. that an
					 immediate family member or other designated person may not be allowed to visit
					 an ARCP resident if the immediate family member or other designated persons
					 refuses to comply with the provisions of the ARCP's policy and procedure or
					 refuses to comply with the ARCP's reasonable time, place, and manner
					 restrictions;
e. that immediate
					 family members and other designated persons may be required to wear PPE as
					 determined appropriate by the ARCP, considering the resident's medical
					 condition or clinical consideration; at the ARCP's discretion, PPE may be made
					 available by the ARCP to immediate family members and other designated
					 persons;
f. that an ARCP's policy
					 and procedure include provisions for compliance with a Louisiana SHO order or
					 emergency notice and with any governor's executive order or proclamation
					 limiting visitation during a declared PHE;
g. that the resident and an immediate family
					 member or other designated person shall have the right to consensual, nonsexual
					 physical contact such as hand holding or hugging; and
h. that an ARCP's policy and procedure
					 include provisions for compliance with any federal law, regulations,
					 requirements, orders, or guidelines regarding visitation in ARCPs issued by any
					 federal government agency during a declared PHE.
4. An ARCP shall submit a written copy of its
					 visitation policies and procedures on family members and other designated
					 persons' visitation, to the Health Standards Section of LDH at the initial
					 licensure survey.
5. After
					 licensure, the facility shall make its visitation policies and procedures
					 available for review by LDH at any time, upon request.
6. An ARCP shall within 24 hours after
					 establishing its written policies and procedures on family members and other
					 designated persons' visitation, make its written policies and procedures easily
					 accessible from the homepage of its website, if the ARCP has a
					 website.