Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 91 - Minimum Standards for Home Health Agencies › Section I-9101 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				  words and terms, when used in this Chapter, shall have the following meanings,
				  unless the context clearly indicates otherwise:
Abuse
-
a. the willful infliction of physical or
				  mental injury;
b. causing
				  deterioration by means including, but not limited to:
i. sexual abuse;
ii. exploitation; or
iii. extortion of funds or other things of
				  value to such an extent that the health, moral or emotional well-being of the
				  individual being supported is endangered; or
c. the willful infliction of injury,
				  unreasonable confinement, intimidation or punishment which results in or which
				  could reasonably be expected to result in physical or mental harm, pain or
				  mental anguish. Lack of awareness or knowledge by the victim of the act which
				  produced, or which could have reasonably been expected to produce, physical or
				  mental injury or harm shall not be a defense to the charge of abuse.
Activities of Daily Living
(ADL) B the
					 functions or tasks which are performed either independently or with supervision
					 or assistance:
a. mobility;
b. transferring;
c. walking;
d. grooming;
e. bathing;
f. dressing and undressing;
g. eating; and
h. toileting.
Administrator
-a person who is designated
					 in writing as administratively responsible and available in person or by
					 telecommunication at all times for all aspects of an agency's
					 operations.
Advanced Practice Registered Nurse
					 (APRN
)-a licensed health care practitioner who is acting within the
					 scope of practice of his/her respective licensing board(s) and/or
					 certificates.
Advisory Board
-Repealed.
Allied Health Personnel
-nursing
					 assistants, licensed practical nurses, licensed physical therapy assistants,
					 and other health care workers who require supervision by other licensed health
					 care professionals in accordance with their scope of practice.
Branch
-an office from which a home health
					 agency (HHA) provides services within a portion of the total geographic service
					 area served by the parent agency. The branch office is part of the parent HHA;
					 is located within a 50-mile radius of the parent agency; and shares
					 administration and supervision.
Bureau
-Bureau of Health Services
					 Financing.
Cessation of Business
-agency is
					 non-operational and/or has stopped offering or providing services to the
					 community.
Change of Ownership (CHOW)
-the addition,
					 substitution, or removal, whether by sale, transfer, lease, gift, or otherwise,
					 of a licensed health care provider subject to this Rule by a person,
					 corporation, or other equity, which results in a change of controlling interest
					 of assets or other equity interests of the licensed entity may constitute a
					 CHOW of the licensed entity.
a - d.
				  Repealed.
Clinical Manager
-a person designated in
					 writing to supervise all aspects of patient care, all activities of
					 professional staff and allied health personnel, and be responsible for
					 compliance with regulatory requirements.
Clinical Note
-a written or electronic
					 notation of each visit with a patient, which shall include the date and time of
					 the visit, services rendered, and the signature of person providing services.
					 The note shall include any pertinent information related to the visit.
Clinical Nurse Specialist (CNS)
-a licensed
					 health care practitioner who is acting within the scope of practice of his/her
					 respective licensing board(s) and/or certifications.
Clinical Records
-those documents
					 maintained on all patients accepted for care by an HHA. The records shall be
					 retained in accordance with existing state laws.
Controlling Ownership or Controlling
					 Interest
-an equity or voting interest possessed by a person or entity
					 that:
a. has a direct or indirect
				  equity interest equal to 5 percent or more in the capital, the stock, or the
				  profits of an HHA; or
b. is an
				  officer or director of an HHA which is organized as a corporation; or
c. is a partner in an HHA which is organized
				  as a partnership; or
d. is a member
				  or manager of an HHA which is organized as a limited liability company. The
				  term controlling ownership is synonymous with the terms controlling interest or
				  control interest as defined by the Department of Health and Human Services
				  (DHHS), Centers for Medicare and Medicaid Services (CMS).
Department
-the Department of Health (LDH)
					 or any of its sections, bureaus, offices or its contracted designee.
Director of Nurses (DoN)
-Repealed.
Employed
-being assigned the performance of
					 a job or task for compensation, such as wages or a salary. An employed person
					 may be one who is contracted or one who is hired for a staff position.
Full Licensure-
issued only to those
					 agencies that meet all criteria for licensure. It is valid for one year unless
					 specified otherwise (the expiration date is on the license).
Geographic Service Area
-area within a
					 50-statute mile radius of the parent agency.
Governing Body
-the person or group of
					 persons who have legal authority for and/or ownership of the corporation of the
					 HHA and responsibility for agency operations. A governing body assumes full
					 legal authority and responsibility for the operation of the agency.
Home Health Agency
-a state-owned and
					 operated agency, or a subdivision of such an agency or organization; or a
					 private nonprofit organization; or a proprietary organization which provides
					 skilled home health care and support services to the public. Skilled home
					 health care is provided under the order of an authorized healthcare provider,
					 in the place of residence of the person receiving the care, and includes
					 skilled nursing and at least one of the following services:
a. physical therapy;
b. speech therapy;
c. occupational therapy;
d. medical social services; or
e. home health aide services.
Home Health Agency Premises
-the physical
					 site where the HHA maintains staff to perform administrative functions, and
					 maintains its personnel records, or maintains its patient service records, or
					 holds itself out to the public as being a location for receipt of patient
					 referrals. The HHA shall be a separate entity from any other entity, business,
					 or trade. If office space is shared with another healthcare related entity, the
					 HHA shall operate independently, have a clearly defined scope of services, and
					 ensure confidentiality is maintained for the HHA's patients. The HHA may not
					 share office space with a non-healthcare related entity.
Home Health Aide
-a person qualified to
					 provide direct patient care in the home under the supervision of a RN or
					 physical therapist to assist the patient with ADLs, in accordance with a
					 written plan of care (POC), and requiring a clinical note for each patient
					 visit.
Home Health Licensure Forms
-the collection
					 of appropriate forms for licensure that may be obtained from the department's
					 website. Home health licensure forms shall be completed by all initial
					 applicants before the licensure process can begin.
Jurisdiction
-all home health agencies
					 shall be under the jurisdiction of the LDH, which promulgates and enforces the
					 rules governing the operation of such agencies or organizations. However,
					 nothing in this Part shall be construed to prohibit the delivery of personal
					 care, homemaker, respite, and other in-home services by a person or entity not
					 licensed under this Rule unless provided with other home health
					 services.
Licensed Practical Nurse
-a licensed health
					 care practitioner who is acting within the scope of practice of his/her
					 respective licensing board(s) and/or certifications and who works under the
					 supervision of an RN.
Life-threatening-
causes or has the
					 potential to cause serious bodily harm or death of an individual.
Misappropriation
-taking possession without
					 the permission of the individual who owns the personal belongings or the
					 deliberate misplacement, exploitation or wrongful temporary or permanent use of
					 an individual's belongings or money without the individual's consent.
Neglect
-the failure by a caregiver
					 responsible for an individual's care or by other parties, to provide the proper
					 or necessary support or medical, surgical, or any other care necessary for
					 his/her well-being, unless the patient exercises his/her right to refuse the
					 necessary care.
Non-Licensed Person
-any person who
					 provides health-related services for compensation directly related to patient
					 care to patients of an HHA and who is not a licensed healthcare provider. A
					 non-licensed person is also any person who provides such services to
					 individuals in their own homes as an employee or contract provider of an
					 HHA.
Non-Operational
-the HHA is not open for
					 business operation on designated days and hours as stated on the licensing
					 application and business location signage.
Nurse Practitioner (NP)
-a licensed health
					 care practitioner who is acting within the scope of practice of his/her
					 respective licensing board(s) and/or certifications.
Physician
-a licensed health care
					 practitioner who is acting within the scope of practice of his/her respective
					 licensing board(s) and/or certifications.
Physician Assistant (PA)
-a licensed health
					 care practitioner who is acting within the scope of practice of his/her
					 respective licensing board(s) and/or certifications.
Professional Staff-
health care providers
					 who are required to possess current licensure and/or board certification and
					 are authorized to supervise other health professionals as indicated.
Provisional License-
a license issued to
					 those agencies that do not meet criteria for full licensure. It is issued by
					 the department and is valid for six months or until the termination
					 date.
Registered Nurse
-a licensed health care
					 practitioner who is acting within the scope of practice of his/her respective
					 licensing board(s) and/or certifications.
Skilled Care-
services provided by an
					 agency for patients who are not medically stable or have not attained a
					 satisfactory level of rehabilitation. These patients require frequent
					 monitoring by licensed professional health care personnel.
Supervision
-authoritative procedural
					 guidance by a qualified person who assumes the responsibility for the
					 accomplishment of a function or activity and who provides direction, ongoing
					 monitoring and evaluation of the actual act of accomplishing the function or
					 activity.
Support
					 Services
-Repealed.